9th Circ. Revives ACA Claims Over Access To CVS HIV Drugs

Law360 (December 9, 2020, 9:43 PM EST) -- The Ninth Circuit on Wednesday partially revived HIV patients' proposed class action alleging CVS Pharmacy's drug mail program discriminates against them, allowing the patients to pursue claims asserted under the Affordable Care Act but affirming the dismissal of other discrimination claims under the Americans with Disabilities Act.

A three-judge panel unanimously agreed that five patients with HIV and AIDS adequately alleged that the structure of CVS' program is discriminatory, because it prevents them from receiving the same level of care that non-HIV/AIDS patients regularly obtain when filling nonspecialty prescriptions.

"[The plaintiffs] have adequately alleged that they were denied meaningful access to...

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