Smith, et al. v. Kaiser Foundation Health Plan, et al.

Kaiser and DMHC Face Lawsuit for Discriminatory Failure to Cover Wheelchairs

Health insurance plans administered by Kaiser Foundation Health Plan, and endorsed by the California Department of Managed Health Care (“DMHC”), do not provide effective coverage of wheelchairs needed by people with disabilities. Kaiser plans either completely exclude coverage of, or impose a $2,000 cap on coverage of, wheelchairs (which can cost up to $50,000 out-of-pocket). This class action lawsuit, which represents the interests of disabled people who need wheelchairs to remain mobile, stay healthy, commute to work, and participate fully in community life, challenges these exclusions and limitations as discriminatory and a violation of the Affordable Care Act’s “essential health benefit” guarantees.

The plaintiffs are represented by the Disability Rights Education and Defense Fund and Rosen Bien Galvan &amp Grunfeld LLP. They seek injunctive relief to eliminate these discriminatory policies.