Aetna Must Face Bias Lawsuit Over Same-Sex Fertility Coverage

Aetna Inc. must face claims that it unlawfully discriminates against same-sex couples by making them jump through additional hoops to obtain coverage for fertility treatments.

The lawsuit raises a valid claim under the Affordable Care Act’s anti-discrimination provision by contending that Aetna imposes “inherently different and more demanding burdens” on same-sex couples seeking fertility coverage, Judge Haywood S. Gilliam Jr. said in a Thursday opinion.

That’s true even though the plan makes no explicit distinctions based on sexual orientation, Gilliam said.

“Even if the Policy does not explicitly refer to LGBTQ members, as a practical matter, as alleged it ...