Berton v. Aetna

Docket No.
District Court
California Northern


  • Declaration that Defendants violated Plaintiff’s and the Classes’ rights under Section 1557 of the ACA
  • Enjoin nationwide Defendants from implementing and enforcing infertility policy

Litigation Content

Why this Matters

The plaintiff filed a class action complaint alleging that a major national private health insurer’s infertility policy denying equal access to fertility treatments for LGBTQI+ people violates Section 1557 of the Affordable Care Act, which prohibits discrimination in health programs and activities. The nondiscrimination protections included in the Affordable Care Act are critical to ensuring equal access to health services, regardless of race, color, national origin, sex, age, or disability.

Potential Impact

Narrowing the Affordable Care Act’s nondiscrimination protections would allow insurers to refuse to cover certain health care services for marginalized groups, particularly LGBTQI+ people, in this case.