Gay lawyer denied coverage because he takes HIV-blocking drug files bias complaint against insurer
A gay Boston lawyer is planning to sue his insurer for allegedly denying him long-term care coverage because he takes the HIV-blocking drug Truvada.
The 61-year-old lawyer, who filed a complaint Wednesday with the Massachusetts Commission Against Discrimination—a precursor to filing a lawsuit—claims that Mutual of Omaha discriminated against him because he is gay, the Associated Press reports.
The man, identified only as John Doe in the complaint, says he wants to ensure that people taking Truvada can get long-term care insurance, which covers extended-care services for people with chronic illnesses. He also wants to ensure that people aren’t deterred from taking Truvada because they fear they will be discriminated against.
“I was shocked. I really was,” the man, speaking on condition of anonymity because his complaint contains private medical information, told the Associated Press. “I thought maybe they misunderstood me. I’m HIV-negative. I’m not HIV-positive. I was taking Truvada as a prophylactic.”
A spokesman for Mutual of Omaha declined comment on the complaint, citing the company’s practice of not commenting on potential litigation.
Bennett Klein, director of Gay & Lesbian Advocates & Defenders’ AIDS Law Project, which represents the man, says denying long-term care coverage to Truvada takers is “nonsensical.”
“It’s really based on the stereotypes and the fears that are out there, that somehow gay male sexuality is inherently risky and unhealthy. We have a lot of bias about gay male sexuality in our society,” he said.
Dr. Kenneth Mayer, a Harvard Medical School professor and director of HIV Prevention Research at Beth Israel Deaconess Medical Center in Boston, says it’s hard to understand why an insurer would deny long-term care coverage to someone taking Truvada.
“The last thing we want to do is discourage people from using this preventive medication,” he said. “The goal is to eradicate the number of new HIV infections.”
