Form Hhs-699 - Discrimination Complaint - Department Of Health And Human Services - Office For Civil Rights (Ocr) Page 13

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discouraging enrollment by people living with HIV, UPMC causes clustering of individuals with
HIV/AIDS into other insurers’ plans, creating financial pressure on those that provide affordable
coverage. Without legal intervention, the increased costs from clustering will lead them to raise
premiums or alter their benefit designs in ways similar to UPMC. If Section 1557 is not enforced
against UPMC, the practice of discouraging enrollment through plan design will lead to a “race to
the bottom,” where savvy insurers will require individuals with HIV/AIDS to pay increasingly
more for their medications.
VII.
RELIEF REQUESTED
Complainants requests that OCR:
1. Review HIV prescription drug benefit designs of QHPs offered by UPMC;
2. Take all necessary steps to remedy the unlawful conduct of UPMC, including a corrective
action plan and targeted outreach and enrollment of people living with HIV and AIDS;
3. Engage in ongoing monitoring to ensure that insurers do not revert to these discriminatory
practices; and
4. Seek civil monetary penalties for continued non-compliance with civil rights protections.
People with HIV have a right to enroll in health insurance plans that do not discriminate against
them because of their disability. The Center for Health Law and Policy Innovation at Harvard
Law School and the AIDS Law Project of Pennsylvania are available to provide any assistance
necessary.
Respectfully submitted,
September 6, 2016
Robert Greenwald
Faculty Director
Center for Health Law & Policy Innovation
Harvard Law School
Wasserstein Caspersen Clinical Building,
Suite 3130
Cambridge, MA 02138
Phone: 617-390-2584
rgreenwa@law.harvard.edu
Ronda B. Goldfein, Esq.
Executive Director
Jacob M. Eden, Esq.
AIDS Law Project of Pennsylvania
1211 Chestnut Street, Suite 600
Philadelphia, PA 19107
 
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