August 29, 2017 | Health Matters

Class action suit filed against Aetna for exposing HIV status

Last month, insurance company Aetna sent letters to HIV-positive clients; unfortunately their health status was clearly visible under their full name and address through the clear window of the envelope. Up to 12,000 people may have been affected by the mishap.

The insurer claimed that once the problem was discovered, a second letter was sent out apologizing for the error. The company argued the letters shifted unexpectedly in the envelopes, before placing final blame on an unidentified third party vendor who handled the mailings.

“It creates a tangible risk of violence, discrimination and other trauma,” said Ronda Goldfein, the executive director of the Pennsylvania AIDS group.

“For 40 years, HIV-related public health messages have been geared toward assuring people that it’s safe to come forward to get confidential HIV treatment, and now our clients come forward for HIV-related healthcare and Aetna fails to provide confidentiality,” she added later.

Well, now a class action lawsuit has been filed against Aetna.

“I know of someone who has been kicked out of his home because somebody who saw his envelope learned his HIV status,” explained Sally Friedman, legal director of the Legal Action Center. “People with HIV need to feel they can seek medical help without their private information being illegally shared with neighbors, family, etc. So when an insurance company breaches confidentiality in this fashion, it can deter people from getting health care.”

The lead plaintiff in the case has been listed under the pseudonym of Andrew Beckett, the main character in the 1993 film Philadelphia. (In the film, Beckett is fired for having AIDS and takes his case to court.) Full details as to damages being sought have yet to be disclosed and no court date has been set.

Aetna has not responded to the lawsuit, but the company should do much more than sending out a "sorry for our fuck up" letter.