CVS Tells High Court Mailed Prescriptions Not Disability Bias

By Amanda Ottaway (September 7, 2021, 8:53 PM EDT) -- CVS Pharmacy Inc. told the U.S. Supreme Court that federal law doesn't allow HIV-positive individuals to pursue discrimination claims alleging they were unfairly affected by their health plans' requirement that they get their prescriptions by mail or at a CVS store rather than at a neighborhood pharmacy.

The pharmacy chain argued in a brief Friday that Section 504 of the Rehabilitation Act, and by extension the Affordable Care Act, doesn't allow people claiming disability bias to cite so-called disparate impact, or say they were affected disproportionately by a seemingly neutral policy like prescriptions by mail.

"Section 504 guarantees equal opportunity, not 'equal...

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