A nationwide class action lawsuit has been filed against Kaiser Foundation Health Plan by Jason Delessert, a Burien, Washington resident, challenging the exclusion of hearing aid coverage as illegal disability discrimination under the Affordable Care Act (ACA). This case represents the first nationwide class action to bring such a claim under the ACA on behalf of hearing-disabled individuals requiring prescription hearing aids.
Mr. Delessert, who depends on hearing aids for daily activities, argues that Kaiser's policy discriminates against individuals with hearing disabilities by not covering hearing aids as 'durable medical equipment,' unlike other health conditions. The lawsuit cites the ACA's non-discrimination provisions, emphasizing Kaiser's obligation to consider the needs of disabled individuals in health plan designs.
Attorneys representing Mr. Delessert, including Eleanor Hamburger and Anna Prakash, highlight the historical discrimination against disabled individuals by health insurers and the ACA's intent to end such practices. The lawsuit seeks to compel Kaiser to end its discriminatory exclusion of hearing aid coverage, which could set a precedent for broader healthcare coverage for disabilities.
The case underscores significant implications for the healthcare industry and individuals with hearing disabilities, potentially leading to improved access to essential hearing aids. It also reflects the challenges in enforcing the ACA's non-discrimination provisions and could influence future healthcare coverage disputes for disabled individuals.
For further details on the litigation, visit Kaiser Hearing Aids Litigation and Hearing Loss Litigation.
