Bloomberg Law
Free Newsletter Sign Up
Bloomberg Law
Welcome
Go
Free Newsletter Sign Up

CVS Urges SCOTUS to Bar HIV/AIDS Patients’ Disability Bias Suit

Sept. 7, 2021, 5:37 PM

CVS Pharmacy Inc. denied that it can be held liable for the “disparate impacts” its mail-order only policy for certain drugs allegedly has on people with disabilities, as two federal anti-bias laws don’t allow the claim, the company told the U.S. Supreme Court.

The corporation is asking the nation’s top court to overturn a decision by the U.S. Court of Appeals for the Ninth Circuit that allowed HIV/AIDS patients to sue the company under Obamacare’s anti-discrimination section over health-care plans mandating mail-order delivery for specialty drugs.

But neither the Rehabilitation Act’s Section 504 nor Section 1557 of the Affordable Care ...