Recently the Ninth Circuit Court of Appeals overturned a lower court decision, holding that five “John Doe” HIV patients could pursue a discrimination claim against CVS Caremark for requiring HIV and AIDS patients to obtain their medications by mail-order or drop shipment to a CVS store.
The Ninth Circuit Court of Appeals reversed the lower court decision that found the plaintiffs had not adequately alleged a disability discrimination claim, finding the plaintiffs properly alleged that the CVS mail order program violated the anti-discrimination provisions of the Affordable Care Act (“ACA”).