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Appeals court says AIDS caps by insurers do not violate ADA.


 A Chicago appeals court ruled that insurers can place arbitrary caps on AIDS-related benefits in individual health insurance policies without violating the Americans with Disabilities Act (ADA). The divided three-judge panel of the 7th U.S. Circuit Court of Appeals said the content of insurance products is not covered under the Title II public accommodations provisions of the ADA. The judges ruled that the Title III provision applies to access and use of facilities, and does not regulate products. This decision reverses a lower court ruling against Mutual of Omaha Insurance Co. for discrimination against two policyholders for giving them inferior health coverage because they had HIV. Although the caps are not consistent with sound actuarial practice or State law, the court ruled the plaintiffs were not denied all benefits, just those associated with AIDS. The U.S. Department of Justice filed an amicus brief on behalf of the plaintiffs, but the court rejected those arguments. A summary of the use of State law for possible remediation of the issue is provided. This ruling could spark a new round of AIDS caps.
