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CIGNA Discriminates Against HIV/AIDS Patients in Violation of the Affordable Care Act, Says Consumer Watchdog | ||
By: PR Newswire Association LLC. - 28 Apr 2015 | Back to overview list |
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FORT LAUDERDALE, Fla., April 28, 2015 /PRNewswire-USNewswire/ -- CIGNA, one of the nation's largest health insurers, is discriminating against patients with HIV/AIDS and attempting to circumvent the central reform of the Affordable Care Act, according to a national class action lawsuit filed late yesterday. The lawsuit, JOHN DOE v. CIGNA was brought by a Ft. Lauderdale resident. The so-called "guaranteed issue" provision of the ACA ensures access to health insurance for all patients regardless of their health condition. However, according to the lawsuit CIGNA is discouraging patients with HIV/AIDS from enrolling in or remaining enrolled in CIGNA health plans by forcing them to obtain their medications by mail-order and risk their health and privacy. The lawsuit was filed by Whatley Kallas, LLP, Consumer Watchdog—a non-profit consumer group, and Podhurst Orseck P.A. located in Miami, Florida. Whatley Kallas, LLP and Consumer Watchdog have settled two similar suits against United Healthcare and Anthem Blue Cross. Under those settlements, HIV/AIDS patients have a right to opt-out of the mail-order program. "What's the good of an insurance policy if you can't get the medications you need to stay alive when you need them or are forced to risk your health and privacy to use it?," said Consumer Watchdog Lead Staff Attorney Jerry Flanagan. Download the lawsuit, which was filed in Florida federal court here: http://www.consumerwatchdog.org/resources/doevcigna_healthlifeinsurancecocomplaint.pdf "Patients should have a choice about how they obtain their life-saving medications and CIGNA should do the right thing and follow the lead of other health plans that have now provided that choice," said Edith Kallas of Whatley Kallas LLP. CIGNA's discriminatory treatment of HIV/AIDS patients violates the Affordable Care Act, Americans with Disabilities Act, and the Employee Retirement Income Security Act ("ERISA"), according to the lawsuit:
Consumer Watchdog is a nonpartisan consumer advocacy organization with offices in Washington, D.C. and Santa Monica, CA. Visit us on the web at: http://www.ConsumerWatchdog.org The lawyers of Whatley Kallas, LLP have been repeatedly recognized in legal publications, such as The National Law Journal and American Lawyer, by their peers and by leaders of organized medicine for their work in the healthcare field. For more information, go to: http://www.whatleykallas.com/ Miami-based Podhurst Orseck, P.A., established over four decades ago, is a top flight boutique trial and appellate firm focusing its practice on tort litigation matters including aviation, products liability, serious personal injury, and wrongful death claims, as well as complex commercial litigation and white collar defense. Additionally, the firm has a strong appellate practice, handling appeals for its own attorneys and attorneys throughout the nation, in various state and federal appellate courts, including the United States Supreme Court. The firm has consistently received an AV-Rating from Martindale-Hubbell Law Directory, the highest possible rating, based on legal ability and general ethical standards. For more information, please visit www.podhurst.com
SOURCE Consumer Watchdog |
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