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Judge OKs landmark class motion settlement in LGBTQ fertility lawsuit

INBV News by INBV News
January 8, 2025
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Judge OKs landmark class motion settlement in LGBTQ fertility lawsuit
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A Pride flag is seen held up in a crowd during preparation for a Queer March to the Texas State Capitol on April 15, 2023 in Austin, Texas. People from across Texas rallied together in protest against a slew of anti-LGBTQIA+ and drag bills being proposed amongst legislators.

Brandon Bell | Getty Images

A federal judge approved a landmark class motion settlement this week between Aetna and same-sex couples in Recent York who alleged the insurance behemoth had discriminated against them and other LGBTQ customers searching for fertility treatment.

Aetna, a subsidiary of CVS Health Corp., reached a cope with the couples in October to start covering artificial insemination for all of its customers nationally and work toward providing equal access for costly in-vitro fertilization procedures. 

The judge’s sign-off on the settlement marks the primary time LGBTQ couples who were previously denied fertility coverage within the U.S. can apply to be reimbursed.

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

“LGBTQ+ folks are as deserving of becoming parents as anyone else on this planet,” Goidel said. “I hope that when people can start signing as much as be compensated, queer folks who’ve gone on the journey to develop into parents and faced barriers from insurance feel that they don’t seem to be alone in that.”  

Aetna declined to comment. A spokesperson for CVS Health Corp. previously said the corporate was pleased to resolve the case and was “committed to providing quality care to all individuals no matter their sexual orientation or gender identity.”

Thirteen states require insurers to cover fertility treatments for same-sex couples who cannot conceive on their very own, in keeping with RESOLVE, a national infertility association. Nonetheless, the law exempts corporations which have self-funded insurance policies, where employers directly pay for worker claims.

“It is de facto uncomfortable sometimes to talk over with your employer or your HR department about what advantages are offered, especially when those advantages must do with wanting to start out a family,” said Allison Tanner, an attorney for the National Women’s Law Center.

Similar cases have been filed against other insurance giants, including UnitedHealthcare and Blue Cross Blue Shield. Those corporations didn’t immediately return requests for comment on Aetna’s settlement.

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