Aetna has reached a settlement in a case alleging its fertility coverage policies discriminated against LGBTQ+ couples.
According to a May 6 news release from the National Women's Law Center, which represented the plaintiffs in the lawsuit, Aetna will introduce a new health plan that includes artificial insemination as a standard benefit for all members, regardless of sexual orientation.
The company will also take steps to ensure its coverage policies for in vitro fertilization are not more burdensome for LGBTQ+ couples than heterosexual couples.
Aetna covered fertility treatments for couples who had been unable to become pregnant after six to 12 months of intercourse, depending on age. According to the National Women's Law Center, couples in LGBTQ+ relationships were required to pay out of pocket for six to 12 cycles of artificial insemination before Aetna would pay for fertility treatment.
In 2021, Aetna plan members in New York filed a lawsuit alleging the policy violated nondiscrimination requirements in the Affordable Care Act.
As part of the settlement, Aetna will create a $2 million fund to compensate certain commercial plan members in New York. It also will reprocess insurance claims to reimburse eligible members for out-of-pocket expenses. The settlement includes no admission of liability.
"We are committed to providing quality care to all individuals regardless of their sexual orientation or gender identity and pleased to reach a resolution to this matter," an Aetna spokesperson said in a statement shared with Becker's.
Emma Goidel, the lead plaintiff in the case, said the settlement is a "big win for queer families."
"We hope other insurance companies will follow Aetna's example and review their policies to make sure everyone has equal access to fertility care," Ms. Goidel said in the release.
The settlement is awaiting approval from a judge.