Hi John,

In 2021, the National Women’s Law Center and Emery Celli Brinckerhoff Abady Ward & Maazel LLP filed a class action lawsuit in New York on behalf of LGBTQ+ couples seeking fertility coverage, and now, I am excited to announce that we reached a groundbreaking settlement! This proposed settlement is a massive step toward achieving justice for LGBTQ+ people who have faced obstacle after obstacle when trying to access the health care needed to grow their families.

The lawsuit alleged that the insurance provider, Aetna, discriminated against LGBTQ+ beneficiaries who can become pregnant by requiring them to pay more out of pocket and wait longer than heterosexual couples to access the fertility benefits covered by their health plans.

In addition to delivering impactful compensation to LGBTQ+ families who were affected, this historic proposed settlement will ensure new, equitable policies moving forward. Under the proposed settlement, Aetna has agreed to:

• Modify its clinical policy to be consistent with American Society for Reproductive Medicine guidelines, whereby all plan members will have equal access to fertility treatment regardless of sexual orientation.
• Introduce a new benefit plan that includes artificial insemination as a benefit for all Aetna members regardless of sexual orientation.
• Take steps to ensure that requirements to access IVF are no more burdensome for LGBTQ+ people than they are for anyone else.

On a personal note, I am so incredibly proud to be a part of this monumental win. I am happy to know that these policy changes will make it easier for queer people navigating becoming parents or growing their families to get the health care that they deserve.

We are dedicated to advocating for equal access to fertility treatments for everyone, regardless of their sexual orientation or gender identity. Our team at NWLC and our co-counsel remain eager to identify all affected class members in this suit, which includes members of certain New York commercial insurance plans who were or would have been denied reimbursement for artificial insemination. If you believe you are in the class of individuals covered by this settlement, please visit this page or contact: 1-800-205-6861.

In solidarity, 

Michelle Banker
she/her
Director of Litigation for Reproductive Rights and Health
National Women’s Law Center