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PWAs Will Get Insurance Coverage Junks Policy Even After Defending It to U.S. Supreme Court |
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Compiled By GayToday
On Tuesday, Lambda Legal Defense and Education Fund and AIDS Legal Council of Chicago (ALCC) welcomed the announcement with mixed relief, noting the decision is a vital breakthrough for all policyholders with HIV and AIDS who may now be able to afford potentially life-saving treatments and therapies that were out of reach due to Mutual's coverage limits. However, the insurance giant's announcement came only after heated legal battles with the organizations on behalf of two Chicago policyholders whose coverage was limited to as little as $25,000, compared to the more than $1-million allowed most other health conditions. "Mutual of Omaha has known for a long time that there is no legitimate, financial reason to treat its policyholders with AIDS differently than everybody else. But the company stood by what it knew was an unfair, unjustified policy, while policyholders like our plaintiffs feared that potentially life-saving treatments would be cut off," said Staff Attorney Heather Sawyer of Lambda's Midwest Regional Office in Chicago.
Said ALCC Executive Director Ann Fisher, "This is good news for our plaintiffs and for all of Mutual's policyholders with HIV or AIDS. They now can get the kind of coverage they were paying for all along. It is disappointing that we did not achieve this victory under the ADA but we remain confident that other courts and state insurance commissions will recognize and end this type of discrimination." Added Lambda AIDS Project Director Catherine Hanssens, "By putting an end to this arbitrary practice, Mutual finally has brought itself in line with the majority of the insurance industry." The two Chicago men, identified as "John Doe" and "Richard Smith" in court papers, had challenged Mutual's capping of their lifetime HIV coverage at $100,000 and $25,000 respectively. "Without the tireless work of Lambda and ALCC, Mutual would not have revisited this terrible policy," said Doe. "Lifting the caps will make all the difference for the healthcare and peace of mind of people like me." Lambda is the nation's oldest and largest legal organization serving lesbians, gay men, and people with HIV and AIDS. AIDS Legal Council of Chicago is a not-for-profit organization that promotes and protects the legal rights of men, women, and children affected by HIV and AIDS in the Chicago area. (Doe v. Mutual of Omaha, No. 98-4112) |
After fighting all the way to the United
States Supreme Court, Mutual of Omaha Insurance has announced plans to end
its unjustified discrimination against policyholders with HIV by lifting
special restrictions on medical coverage for HIV or AIDS-related care.
