National health care law firm WhatleyKallas is teaming up with Consumer Watchdog to bring lawsuits over mandatory mail-order drug programs that allegedly discriminate against HIV/AIDS patients.

Earlier this month, Edith Kallas and Alan Mansfield of WhatleyKallas and the nonprofit consumer advocacy group sued CVS Health in the U.S. District Court for the Northern District of California on behalf of four anonymous plaintiffs. The suit, which seeks class action certification, claims that the pharmacy giant's insurance plan violates plaintiffs' privacy by forcing them to buy their HIV/AIDS medication at retail CVS stores or have them mailed to their home. A nearly identical suit was filed the same day in California's Central District trial court.

"This program threatens HIV/AIDS patients' health and privacy," according to the complaint. "If HIV/AIDS patients in [health plans where CVS Caremark controls pharmacy benefits] do not obtain their HIV/AIDS medications from [Caremark California Specialty Pharmacy], then they must either pay more out-of-pocket or pay full price with no insurance benefits whatsoever—thousands of dollars or more each month—to purchase their medications at an in-network community pharmacy where they can receive counseling from a pharmacist and other services they may need to stay alive." 

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

  • Critical BenefitsPRO information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.