A Maine woman has filed a class action lawsuit against insurance company Cigna for failing to cover drugs that treat obesity.
Jamie Whittemore alleges that her doctor prescribed the drug Zepbound to treat her obesity, but Cigna denied coverage, in violation of the Affordable Care Act's anti-discrimination law.
The suit is the first of its kind in the country, said Jeffrey Young, one of Whittemore's lawyers.
"So the basis of our suit is that our client has been discriminated against on the basis of disability by the denial of the insurer to provide coverage for obesity," Young said.
The lawsuit was filed by three law firms in Washington state, Minnesota and Maine on behalf of a nationwide class of Cigna enrollees diagnosed with obesity.
Cigna did not immediately respond to a request for comment.
"Our essential claim here is that under the Affordable Care Act, health insurers cannot discriminate on the basis of disability and choose to cover one disability or provide some coverage but not other coverage," Young said.
Whittemore has also filed a claim against her employer, the University of Maine system, under the Americans with Disabilities Act and the Maine Human Rights Act, because her employer's insurance plan with Cigna did not cover the treatment, although other Cigna plans do cover the drugs.
