Aetna 2 Million Settlement Over Alleged Discrimination Against LGBTQ Couples Denied Infertility Care

Aetna, a major health insurer, agreed to a $2 million settlement to resolve a class action alleging that between April 17, 2019 and Dec. 31, 2024 it treated California members in LGBTQ+ relationships differently when covering infertility treatments. Plaintiffs say Aetna required LGBTQ+ couples to undergo more ovulation cycles than heterosexual couples before approving intrauterine insemination (IUI), intracervical insemination (ICI) or in vitro fertilization (IVF), resulting in denials and out‑of‑pocket expenses. Under the settlement, eligible California members can file claims by Aug. 28, 2026 for default payments (about $1,408 for IUI/ICI and $2,500 for IVF), larger awards with documentation, and redistribution if funds remain; Aetna denies wrongdoing but agreed to settle to end the litigation. The suit matters because it targets how “medical necessity” rules and benefit criteria can embed heteronormative assumptions that disadvantage same‑sex couples and single parents seeking assisted reproduction. It also fits a broader pattern of litigation and regulatory scrutiny pressuring insurers to adopt inclusive coverage policies: state mandates on infertility benefits vary, and federal nondiscrimination provisions under the Affordable Care Act have been used to challenge unequal treatment. For insurers, employers and regulators, the case underscores the need for clear, gender‑neutral coverage criteria for assisted reproductive services and may spur policy revisions, further settlements, or additional lawsuits seeking parity in fertility care access.