9th Circuit Court of Appeals rules that HIV patients may invoke a discrimination claim under the Affordable Care Act against CVS for requiring HIV patients to only go to a few of its selected specialty pharmacies, where patients assert they are not getting full service
In 2018, AHF warned the Department of Justice that the then proposed CVS merger with Aetna would create a monopoly-like behemoth that would harm patients, which appears to be the case
WASHINGTON (December 10, 2020) AIDS Healthcare Foundation (AHF) welcomed a ruling issued December 9 from the U.S. 9th Circuit Court of Appeals that people living with HIV can state a discrimination claim under the U.S. Affordable Care Act against CVS for requiring them to have only designated specialty pharmacies as part of in-network pharmacy services for private insurance plans. See Doe vs. CVS Pharmacy, Inc.
“CVS said to people living with HIV that they can only go to a few of its selected pharmacies. The plaintiffs said they weren’t getting full service there, which discriminated against them. They wanted to keep their current pharmacies which provide more comprehensive services,” said Tom Myers, chief of public affairs and general counsel for AHF. “We told you so! When AHF told the U.S. government that its approval of the CVS merger with Aetna would cause patient harm, we were right.”
This court ruling confirms AHF’s warning of the CVS threat to the HIV response back in 2018. See AHF press statement (Nov. 28, 2018) “CVS-Aetna Merger is Bad for HIV Patients.”