By Terry Baynes
Jan 15 (Reuters) - A consumer advocacy group has accused
Blue Cross of California of discriminating against patients with
HIV/AIDS by changing the protocol they use to obtain their
medications.
Under the new policy, set to go into effect on March 1,
enrollees with HIV/AIDS and numerous other medical conditions
must obtain prescriptions through mail-order pharmacies instead
of relying on local brick-and-mortar pharmacies.
The class action, filed on Friday by Consumer Watchdog on
behalf of California residents with the disease, says that the
insurance company's new policy will harm consumers with HIV/AIDS
by preventing them from relying on local pharmacists for medical
advice unless they obtain a waiver every six months from the
company.
Instead, enrollees will have to order their medications from
the mail-order pharmacy CuraScript, owned by Express Scripts
Inc, the suit said.
HIV/AIDS patients will no longer benefit from the
face-to-face interactions with clinical pharmacists who can
monitor potentially harmful drug interactions, the complaint
said.
Relying on the mail also carries the risk of delayed, lost
or stolen shipments, with possible dire consequences for
patients on strict drug regimens, according to the complaint.
In addition to health consequences, the suit also raised
privacy concerns with the possibility of medication packages
being left on patients' doorsteps.
"Neighbors and co-workers, who do not know that the
recipient has HIV/AIDS, would quickly realize that the recipient
is suffering from a serious ailment," the complaint said.
The suit said the new policy violates a California law, the
Unruh Civil Rights Act, which outlaws discrimination based on
numerous traits, including disability and medical condition.
The Blue Cross letter announcing the change listed the
affected drugs under the disease they treat and also singled out
cancer, hemophilia and inflammatory conditions among others,
according to the complaint.
Blue Cross spokesman Darrel Ng said in an email the new
policy does not discriminate based on different diseases but
rather applies to several hundred different drugs for many
medical ailments. HIV/AIDS patients have 24-hour access to
pharmacists and nurses from the mail-order pharmacy, he said,
and customers can choose to have their drugs shipped to other
private locations, such as a doctor's office.
Consumer Watchdog attorney Jerry Flanagan said the group
chose to sue Blue Cross because when the insurer does something
that boosts company profits but poses harm to consumers, other
insurance companies often follow suit.
"We're hoping that this lawsuit is a warning to other
insurance companies that they shouldn't follow Blue Cross'
lead," Flanagan said.
The case is Doe v. Blue Cross of California, d/b/a Anthem
Blue Cross, San Diego Superior Court. The case number was not
immediately available.
For the customer plaintiffs: Edith Kallas, Alan Mansfield
and Kristin Libby of Whatley Kallas; Harvey Rosenfield, Pamela
Pressley and Jerry Flanagan of Consumer Watchdog.
For Blue Cross of California: Not immediately available.
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