Thursday, December 19

Judge OKs landmark class action settlement in LGBTQ fertility lawsuit

New York same-sex couples who claimed Aetna discriminated against them and other LGBTQ clients seeking fertility treatment reached a historic class action settlement this week, sanctioned by a federal judge.

In October, the couples and Aetna, a division of CVS Health Corp., came to an agreement wherein Aetna would start paying for artificial insemination for all of its clients nationwide and strive to provide equal access to expensive IVF operations.

With the judge’s approval of the settlement, LGBTQ couples who were previously denied fertility coverage in the United States are now eligible to petition for reimbursement.

In 2021, Emma Goidel and her husband, Ilana Caplan, sued Aetna after the health insurance company turned down many requests to pay for their reproductive procedures. The National Women’s Law Center represented the couple, who claimed to have paid over $50,000 out of pocket to become parents to their second kid.

According to Goidel, LGBTQ+ people are just as worthy of having children as everyone else on the earth. I believe gay people who have traveled the path to parenthood and encountered obstacles from insurance will know that they are not alone when they are able to sign up to receive compensation.

Aetna chose not to respond. Previously, a representative for CVS Health Corp. stated that the organization was happy to settle the matter and was dedicated to provide all people high-quality care, regardless of their gender identity or sexual orientation.

According to RESOLVE, a national infertility society, 13 states mandate that insurers pay for fertility treatments for same-sex couples who are unable to conceive naturally. Companies with self-funded insurance plans, in which employers cover employee claims directly, are excluded from the statute.

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According to Allison Tanner, an attorney with the National Women’s Law Center, discussing benefits with your employer or HR department can occasionally be quite awkward, particularly if those advantages relate to your desire to raise a family.

Other insurance behemoths like UnitedHealthcare and Blue Cross Blue Shield have also been the target of similar lawsuits. Requests for comment on Aetna’s settlement were not immediately answered by those businesses.

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