Question:
Are there any civil rights/class action suit against insurance obesity exclusions?

I have insurance, but it has an obesity exclusion clause. Does anyone know of an on-going class action or civil rights suit against companies that offer these discrimantory policies? Anyone interested in filing one?    — Klynn D. (posted on February 24, 2003)

February 24, 2003
Hello:) I would love to awnser you question with a BIG FAT YES.... but that is not the case. If your state does not have a law stating that "No insurance company may exclude Wls" then its is very lawful for an insurance carrier to deny you because of an exclsuion. I had my attorney call the Attorney Generals Office for the state of Tennessee. He also quoted what the my attorney told me....:( There are a few states that "DO" have a law stating that insurers must cover WLS! Hope this helps.... GOOD LUCK!
   — lnelson

February 24, 2003
My understanding is that obesity may qualify as a disability under the Americans With Disabilities Act (thus requiring some accommodation for the obese by employers covered by that Act), *but* that is NOT the same as requiring employers to provide insurance to "cure" the disease. The obese are also not a recognized "protected class" for civil rights law purposes. Age, gender, race, national origin: yes; obese: no. This is *not* my area of practice, so it's just my 2c guess and no more . But the previous poster made a good point about checking for state laws requiring employers over a certain size to offer insurance that includes WLS in some circumstances. You may want to check on how your state law is in that area (very few states have passed such a law), or you may want to help lobby for it.
   — Suzy C.

February 24, 2003
You can log onto www.obesitylaw.com and get alot of your questions answered. Good Luck!
   — Barbara S.

February 25, 2003
Hey Klynn, I was reading your profile but did not see if you applied for the surgery? Maybe I missed it? I have BCBS of GA PPO and had a very specific written exclusion, I was approved and had surgery on Jan 17. I was told that if I could prove medically necessary BCBS would have to pay. And they did I was only out of pocket my deductible$500 and my 20%. I wish you luck though with your struggle. Best wishes:)!!
   — Kimmie C.