A pride flag is seen raised in a crowd of people during the build-up to the LGBT march to the Texas State Capitol on April 15, 2023 in Austin, Texas. People from all over Texas rallied together in protest against a large number of anti-LGBTQIA+ bills proposed among lawmakers.
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A federal judge approved a landmark class-action settlement this week between Aetna and New York same-sex couples who claimed the insurance giant discriminated against them and other LGBTQ clients seeking fertility treatment.
Aetna, a subsidiary of CVS Health Companyreached an agreement with Couples in October to begin IVF coverage for all of its clients nationwide and work to provide equal access to expensive in vitro fertilization procedures.
The judge's signing of the settlement marks the first time that same-sex couples previously denied fertility coverage in the United States can apply for compensation.
Emma Goedel and her husband, Ilana Kaplan, filed a lawsuit against Aetna in 2021 after the health insurance company denied several of their requests to cover fertility treatments. The couple, represented by the National Women's Law Center, said they spent more than $50,000 out of pocket to have their second child.
“LGBTQ+ people deserve to be parents as much as anyone else on the planet,” Goedel said. “I hope that when people can start signing up for compensation, gay people who have gone on the journey to become parents and faced barriers from insurance feel like they're not alone in it.”
Aetna declined to comment. A CVS Health Corp spokesperson previously said the company was pleased the case was resolved and that it was “committed to providing quality care to all individuals regardless of their sexual orientation or gender identity.”
Thirteen states require insurance companies to cover fertility treatments for same-sex couples who cannot conceive on their own, according to the National Infertility Association RESOLVE. However, the law exempts companies with self-funded insurance policies, where employers pay directly for employee claims.
“It's sometimes uncomfortable to talk to your employer or your human resources department about the benefits offered, especially when those benefits relate to wanting to start a family,” said Allison Tanner, an attorney with the National Women's Law Center.
Similar cases have been filed against other insurance giants, including UnitedHealthcare and Blue Cross Blue Shield. Those companies did not immediately respond to requests for comment on the Aetna settlement.
