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Possible HIV/Aids Open Enrollment Discrimination in Florida

Two patient advocacy groups recently alleged in a compliant to the federal government that some insurers that had health plans on Florida's state insurance marketplace discriminated against those with HIV and AIDS.

According to The Wall Street Journal, the National Health Law Program and the AIDS Institute said four insurers placed every HIV drug in their highest prescription drug tiers, making it more expensive for those with HIV or AIDS who purchased these plans to buy the medications they need. The Miami Herald reported this may have discouraged people with HIV or AIDS from enrolling in these plans. The Affordable Care Act prohibits insurers from discriminating against people due to their medical histories or for having chronic diseases, which HIV and AIDS are. 

The Miami Herald reported the AIDS Institute analyzed the state's silver-level plans, and found that while these four insurers placed all available HIV and hepatitis drugs in their most expensive tier, there were many other plans that placed these prescriptions in the lowest tiers. What this means is that placing these drugs in the most costly tier isn't the industry norm.

National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Valerie Ortiz

Valerie Ortiz

Over the past 20 years, Valerie Ortiz has worn many hats at National Insurance Services. She currently heads up NIS’ Marketing Team where she helps to create and execute employee benefit communications based upon our public sector clients’ needs. Valerie brings order to the chaos and has a zeal for detail and a talent for organization.