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company changing health insurance plan that denies coverage to HIV people
Mar 4, 2010

I am HIV positive self employed realtor and my company provides group insurance (Aetna). I joined this brokerage in November 2008 and was covered under the group plan which covered any pre-existing conditions. I am currently taking Atripla with excellent results (undetectable viral load). My brokerage company is canceling the Aetna group policy as of March 1, 2010 and is offering a self-funded plan that that excludes coverage to HIV positive people "except for those who contracted by blood transfusion" which I did not. I am very frightened by this because it will be the first time since I've been diagnosed without health insurance and I cannot afford the Atripla daily medicines. Before I joined this brokerage I was covered by a Blue Cross Individual policy for 7 years but during that 7 years I contracted HIV so they could not cancel the policy. What if any legal remedys, resources do I have? I do not have a lot of time, so please respond as soon as possible.

Response from Ms. Franzoi

Although there would be no ERISA violation here, it appears to be a violation of the ADA. I would discuss with legal counsel.



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