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Anthem Blue Cross Sued Over New HIV/AIDS Drug Policy

A prominent consumer group is suing Anthem Blue Cross over a new policy that requires HIV patients to get their medications by mail. A San Diego man who's HIV positive is the lead plaintiff.

Anthem Blue Cross Sued Over New HIV/AIDS Drug Policy
Anthem Blue Cross's new policy requiring HIV/AIDS patients to get their drugs by mail order has prompted a lawsuit charging the move is discriminatory.

Jon Jones, which is not his real name, has a PPO plan with Anthem Blue Cross.

A few months ago, the insurer informed Jones of their new policy: It would no longer allow HIV patients to get their medications at a local pharmacy. Blue Cross would only provide the drugs via mail order.

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"Why they didn't include my heart medication, bladder, any of that, I don't know, but just strictly the four HIV drugs I take," Jones said.

Jones asked Blue Cross for an exemption. The company refused.

The non-profit group Consumer Watchdog is suing the insurer on behalf of Jones and other HIV patients. Staff attorney Jerry Flanagan said the new policy is illegal.

"This is a classic case of Blue Cross treating people different based on their health condition, specifically targeting consumers who are HIV/AIDS positive. And that's a violation of the Unruh Civil Rights Act," Flanagan explained.

A company spokesman said Anthem's new policy saves money and is compliant with the law.

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Jones likes to be able to talk with his local pharmacist about drug interactions. He doesn't want to give that up.

"I feel very much discriminated against. I don't know, I feel bullied by it, actually, " Jones said.

The policy is set to begin in March. Consumer Watchdog is asking the court for an injunction to block the change.