A proposed nationwide class action lawsuit has been filed against Cigna Health and Life Insurance Co. in Florida federal court. The suit alleges that Cigna discriminates against AIDS and HIV patients by mandating they receive their medications through the insurer’s Tel-Drug mail-order program. This requirement prevents patients from receiving essential face-to-face counseling from their community pharmacists, who help monitor dangerous drug interactions and side effects. The lawsuit, filed by Podhurst Orseck, Whatley Kallas LLP, and Consumer Watchdog, argues that this policy violates the Affordable Care Act, the Americans with Disability Act, and the Employment Retirement Income Security Act. The plaintiffs are seeking an opt-out program from the mail-order requirement for the estimated 7,000 class members.
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Originally published by Jeannie O’Sullivan | Apr 28, 2015 | Law360
