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HIV Suit Against CVS Revived as 9th Cir. Weighs Obamacare Bias

Dec. 9, 2020, 9:09 PM

HIV/AIDS patients who object to CVS Caremark‘s policy of distributing specialty medications through the mail scored a win Wednesday, when the Ninth Circuit revived part of their lawsuit challenging this practice as discriminatory under the Affordable Care Act.

The Ninth Circuit joined the Sixth Circuit in holding that the ACA’s antidiscrimination provision doesn’t create a new health-care-specific standard that’s easier for plaintiffs to satisfy. A plaintiff claiming discrimination based on disability in violation of the ACA must present facts that would state a claim under Section 504 of the federal Rehabilitation Act of 1973, which prohibits discrimination against disabled ...