A complaint has been filed with HHS' Office for Civil Rights against four insurers alleging the companies discriminated against people with HIV or AIDS by requiring them to pay high costs for their medications, according to a report in The New York Times.
The AIDS Institute and the National Health Law Program filed the complaint. The groups claim Humana, Cigna, Preferred Medical Plan and CoventryOne violated a provision of the Patient Protection and Affordable Care Act that prohibits discriminating against consumers based on their medical conditions, according to the report.
The groups allege the insurers violated the healthcare law by placing all drugs used to treat HIV, including generics, into the highest payment tier for midlevel plans on the federal health insurance exchange in
The groups further allege the conduct constitutes discrimination because other health insurers offering plans in the
All of the insurers named in the complaint have said their plans' HIV medication coverage are not in violation of the law and met requirements for coverage.
If HHS agrees with the patient advocate groups, this case would have very broad implications, said Jennifer Kates, director of global health and HIV policy at the Kaiser Family Foundation, in the report. It would mean "this couldn't happen for those with diabetes, or any other kind of condition."
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