Supreme Court to Determine Viability of Cause of Action for HIV-Positive Plaintiffs Alleging Disability Discrimination Against CVS Pharmacy Inc. Under Affordable Care Act

The U.S. Supreme Court recently granted certiorari in CVS, et al., v. Doe, at al., Docket No. 20-1374, to determine whether 504 of the Rehabilitation Act of 1973 and the Affordable Care Act (“ACA”) provides a disparate-impact cause of action for plaintiffs alleging disability discrimination. In CVS, the plaintiffs/respondents, five individuals living with HIV, allege that CVS Pharmacy’s new requirement that they must obtain their specialty medication through specialty pharmacists by mail or through drop shipments at a CVS Pharmacy, and not at their local pharmacy, is discriminatory. Several respondents requested to opt-out of the program. However, [...]