In a 6 to 3 decision of potential impact for people with HIV, the U.S. Supreme Court ruled that courts must examine benefit denials by insurance companies carefully when circumstances indicate that the company’s financial considerations may have affected a benefits decision. The ruling recognizes that the apparent conflict of interest created when an insurance company is both the reviewer and payer of claims is one of many factors to consider, and offers guidance to federal judges reviewing medical disability and health insurance determinations in group policies. Although the plaintiff in this case was not HIV-positive, she suffered from severe fatigue, a condition that many people with advanced HIV disease frequently experience.
The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of cross-issue partnerships, networks, and resources. We support movement building that amplifies the power of individuals and communities to mobilize for change that is rooted in racial, gender, and economic justice.