Form Hhs-699 - Discrimination Complaint - Department Of Health And Human Services - Office For Civil Rights (Ocr) Page 3
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13ADMINISTRATIVE COMPLAINT
Office for Civil Rights, U.S. Department of Health and Human Services
200 Independence Avenue, S.W., Room 509F
Washington, D.C. 20201
Barbara Holland, Regional Manager
Office for Civil Rights
U.S. Department of Health and Human Services
150 S. Independence Mall West
Suite 372, Public Ledger Building
Philadelphia, PA 19106-9111
RE: DISCRIMINATORY PRESCRIPTION DRUG BENEFIT DESIGNS IN QUALIFIED
HEALTH PLANS IN PENNSYLVANIA
I.
COMPLAINANTS
The Center for Health Law and Policy Innovation of Harvard Law School (CHLPI) is a non-profit
organization that advocates for legal, regulatory, and policy reforms to improve the health of
underserved populations, with a focus on the needs of low-income people living with chronic
illnesses and disabilities. CHLPI works with consumers, advocates, community-based
organizations, health and social services professionals, food providers and producers, government
officials, and others to expand access to high-quality healthcare and nutritious, affordable food; to
reduce health disparities; to develop community advocacy capacity; and to promote more
equitable and effective healthcare and food systems.
The AIDS Law Project of Pennsylvania is a nonprofit, public-interest law firm providing free
legal assistance to people with HIV/AIDS and those affected by the epidemic. The firm educates
the public about AIDS-related legal issues, trains case management professionals to become
better advocates for their HIV-positive clients, and works at local, state and national levels to
achieve fair laws and policies.
II.
DEFENDANT
UPMC is a health care provider and insurer based in Pittsburgh, Pennsylvania, with its insurance
1
division reporting $5.7 billion in revenue for 2015.
III.
JURISDICTION
This complaint is filed pursuant to Section 1557 of the Patient Protection and Affordable Care Act
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(ACA), codified at 42 U.S.C. § 18116.
Section 1557 prohibits health plans sold through the
1
UPMC Insurance Division, “2015 Annual Report,” (2016) available at
https://
2
42 U.S.C. § 18116 (2012).
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