Posted on September 13, 2021 Issues: Health Care Health Care & Reproductive Rights LGBTQ Equality

The suit alleges that Aetna’s fertility treatment reimbursement policy discriminates against LGBTQ individuals

Washington, D.C. – September 13, 2021 – Attorneys at New York-based civil rights law firm Emery Celli Brinckerhoff Abady Ward & Maazel (ECBAWM) and the National Women’s Law Center (NWLC) have filed a class action lawsuit against Aetna alleging discriminatory practices against LGBTQ policy-holders seeking fertility treatments. Emma Goidel, the plaintiff in the suit, and her spouse seek to end this discriminatory policy and to recoup a portion of the out-of-pocket costs they have incurred while undergoing IVF and IUI fertility treatments. 

The suit alleges that Aetna’s policy for coverage of IVF and IUI fertility treatments unfairly discriminates against LGBTQ couples by requiring them to pay out of pocket for 12 cycles of IUI before Aetna will provide them with coverage. However, Aetna’s policy provides immediate coverage, without any out-of-pocket cost, to heterosexual couples who have not gotten pregnant after having unprotected sex for 12 months.

“Aetna’s policy is effectively a tax on LGBTQ policy-holders,” said Noel León, an ECBAWM attorney representing Ms. Goidel. “It prevents LGBTQ individuals who are unable to shoulder the considerable cost of fertility treatments — disproportionately those of color —   from becoming pregnant and thus denies their equal rights to start families.”

Ms. Goidel and her spouse are enrolled in Aetna’s Student Health Plan for Columbia University, which provides broad coverage for IUI and IVF for heterosexual couples. As a result of Aetna’s policy, however, they have been forced to pay tens of thousands of dollars for fertility treatment. They estimate that they paid nearly $45,000 for one successful pregnancy. The plaintiff is suing on behalf of herself and other LGBTQ individuals to end this discriminatory policy enforced by Aetna. 

“It is everyone’s right to create a family, and to try to biologically bear their own children if they so choose,” said Ms. Goidel. “Health insurance must protect that right by covering medical costs equally for those who need fertility treatment to reproduce—not discriminating against queer people.”

“Your insurance company should never be the reason you are denied the chance to start a family,” said Michelle Banker, Director of Reproductive Rights and Health Litigation at NWLC, who is representing the plaintiff. “Emma was forced to pay significantly more and prevented from equal access to care, simply because she is queer. Aetna must change its illegal policy immediately – for patients like Emma, and especially for those who cannot afford this care. Discrimination should have no place in health care and we will make sure insurance companies like Aetna are held accountable.”

Individuals whose insurance policies unfairly discriminate against LGBTQ individuals or couples seeking fertility treatments  can provide the attorneys with more information in three ways: by phone at (202) 956-3077, by email [email protected], or by filling out this google form: https://bit.ly/LGBTQFertilityLawsuit.

Plaintiffs are represented by ECBAWM attorneys Noel León and Zoe Salzman and NWLC attorneys Michelle Banker, Sunu Chandy, Lauren Gorodetsky, and Alison Tanner.

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