Letter to HHS Office of Civil Rights on pending HIV discrimination complaint

Executive Summary

The National Health Law Program and The AIDS Institute (TAI) sent the attached letter to the HHS Office of Civil Rights regarding our pending HIV discrimination complaint against four insurance companies operating in Florida.  The complaint was filed last May. In our letter, we urge OCR to take action on the pending complaint without further delay.

The complaint charges that four Florida health plans unlawfully discriminate against people living with HIV and AIDS. The four insurers placed all HIV medications, including generics, on the highest cost sharing tiers to discourage people with HIV/AIDS from enrolling, according to the complaint. Such practices are now prohibited under the Affordable Care Act?s non-discrimination provisions which ban health plans from discriminating against individuals based upon disability and prohibiting health plans from discouraging enrollment by people with significant health needs.