November 10, 2021

Academy Joins Amicus Brief in SCOTUS HIV Discrimination Case

As we’ve reported on previously in The VOICE, the U.S. Supreme Court announced it would review CVS Pharmacy Inc. v. Doe, a case brought by a group of people with HIV claiming discriminatory practices on the part of CVS pharmacy. The plaintiffs’ case argues that the actions of insurers and pharmacy middlemen discriminate against people with HIV by requiring the use of mail-order pharmacy services, regardless of the type of pharmacy service the recipient prefers. Not only do mandatory mail-order pharmacy programs for HIV drugs present problematic issues with privacy, timeliness and safety, they disrupt the connections that people with HIV have with key services including pharmacist counseling and consultation. As such, the Academy joined 23 other organizations in an amicus brief to the Supreme Court highlighting harmful impacts of mandatory mail-order pharmacy programs, as well as provided supporting references for the brief. The amicus brief was filed by the Center for Health Law and Policy Innovation of Harvard Law School and can be read in its entirety here. The Biden Administration also submitted an amicus brief on a separate claim related to the Affordable Care Act, which can be viewed here. Oral arguments are scheduled for December 1, 2021.