Judge OKs landmark class action settlement in LGBTQ fertility lawsuit

A federal judge approved a landmark class action settlement this week between Aetna and same-sex couples in New York who alleged the insurance behemoth had discriminated against them and other LGBTQ customers seeking fertility treatment.

Aetna, a subsidiary of CVS Health Corp., reached a deal with the couples in October to begin covering artificial insemination for all of its customers nationally and work toward providing equal access for costly in-vitro fertilization procedures. 

The judge’s sign-off on the settlement marks the first time LGBTQ couples who were previously denied fertility coverage in the U.S. can apply to be reimbursed.

Emma Goidel and her spouse, Ilana Caplan, filed a lawsuit against Aetna in 2021 after the health insurer denied several of their requests for covering their fertility treatments. The couple, who were represented by the National Women’s Law Center, said they spent more than $50,000 out of pocket to conceive their second child.

“LGBTQ+ folks are as deserving of becoming parents as anyone else on this planet,” Goidel said. “I hope that when people can start signing up to be compensated, queer folks who have gone on the journey to become parents and faced barriers from insurance feel that they’re not alone in that.”  

Aetna declined to comment. A spokesperson for CVS Health Corp. previously said the company was pleased to resolve the case and was “committed to providing quality care to all individuals regardless of their sexual orientation or gender identity.”

Thirteen states require insurers to cover fertility treatments for same-sex couples who cannot conceive on their own, according to RESOLVE, a national infertility association. However, the law exempts companies that have self-funded insurance policies, where employers directly pay for employee claims.

It is really uncomfortable sometimes to talk to your employer or your HR department about what benefits are offered, especially when those benefits have to do with wanting to start a family,” said Allison Tanner, an attorney for the National Women’s Law Center.

Similar cases have been filed against other insurance giants, including UnitedHealthcare and Blue Cross Blue Shield. Those companies did not immediately return requests for comment on Aetna’s settlement.