More about CVS v. Doe
CVS v. Doe is a case brought by HIV-positive people (the “plaintiffs”) against CVS. CVS requires the plaintiffs, who have pharmacy insurance coverage through CVS, to use a specialty medication program. The plaintiffs want CVS to allow them to opt-out of the program because they are having problems getting their medications and the information they need from qualified pharmacists.
CVS is arguing that Section 504 of the Rehabiitation Actdoes not cover situations where the discrimination was not intentional. But the disability community knows all too well that not all discrimination is intentional. Many policies that seem neutral can harm or exclude people with disabilities – this type of discrimination is often referred to as “disparate impact”. CVS is arguing that Section 504 does not cover disparate impact discrimination.
If CVS is successful, the Supreme Court will immediately gut many of the disability rights protections our community has fought hard to secure. The case is about Section 504, but a ruling for CVS would also go beyond Section 504. A ruling for CVS would also impact our protections under Section 1557 of the Affordable Care Act (which prohibits discrimination in covered health programs or activities) and could quickly threaten the ADA as well. Parts of the ADA are based on Section 504 rules that CVS is asking the Court to find illegal. You can learn more about this case in this explainer.
