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.
Get Email Notifications When This Forum Updates or Subscribe With RSS
This forum is designed for educational purposes only, and experts are not rendering medical, mental health, legal or other professional advice or services. If you have or suspect you may have a medical, mental health, legal or other problem that requires advice, consult your own caregiver, attorney or other qualified professional.
Experts appearing on this page are independent and are solely responsible for editing and fact-checking their material. Neither TheBody.com nor any advertiser is the publisher or speaker of posted visitors' questions or the experts' material.