Judge Approves Historic Class Action Settlement in LGBTQ Fertility Lawsuit


A Pride flag is seen held among a crowd during preparation for a Queer March to the Texas State Capitol on April 15, 2023 in Austin, Texas. People across Texas rallied together to protest a series of anti-LGBTQIA+ and drag bills being proposed by lawmakers.

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A federal judge this week approved a landmark class-action settlement between Aetna and same-sex couples in New York who alleged the insurance giant had discriminated against them and other LGBTQ customers seeking fertility treatments.

Aetna, a subsidiary of CVS Health Corp.reached an agreement with couples in October to begin covering artificial insemination for all of its clients nationwide and work to provide equal access to expensive in vitro fertilization procedures.

The judge's approval of the settlement marks the first time LGBTQ couples who were previously denied fertility coverage in the U.S. can apply for a refund.

Emma Goidel and her wife, Ilana Caplan, filed a lawsuit against Aetna in 2021 after the health insurer denied several of their requests to cover their fertility treatments. The couple, who were represented by the National Women's Law Center, said they spent more than $50,000 out of pocket to conceive their second child.

“LGBTQ+ people deserve to be parents as much as anyone else on this planet,” Goidel said. “I hope that when people can start signing up for compensation, queer people who have taken the path to becoming parents and have faced insurance barriers will feel like they are not alone in that.”

Aetna declined to comment. A spokesperson for CVS Health Corp. previously said the company was pleased to resolve the case and was “committed to providing quality care to all people, regardless of sexual orientation or gender identity.”

Thirteen states require insurers to cover fertility treatments for same-sex couples who cannot conceive on their own, according to RESOLVE, a national infertility association. However, the law exempts companies that have self-funded insurance policies, where employers pay employee claims directly.

“Sometimes it's really uncomfortable to talk to your employer or their human resources department about the benefits that are offered, especially when those benefits have to do with wanting to start a family,” said Allison Tanner, an attorney with the National Employment Law Center. the Woman.

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 deal.

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