A gay couple in New York City has filed a class action lawsuit alleging the city’s health insurance plan is discriminatory because it will not cover in vitro fertilization (IVF) for homosexual males.
Former assistant district attorney, Corey Briskin and his husband, Nicholas Maggipinto argue the city’s health insurance plan already covers single women, and heterosexual and lesbian couples.
Briskin and Maggipinto planned on using the IVF coverage from the insurance plan, and an agency to hire a surrogate, which they would pay out of pocket for.
The couple originally filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) in April 2022, with the hopes of encouraging the city to change its health plan, to no avail. The couple’s lawyer, Peter Romer-Friedman said the city responded to the EEOC charge saying that the IVF benefits do not apply to surrogates; therefore, they will not cover the procedure.
Romer-Friedman said, “They’re seeking fertilization of donated eggs with their sperm, and those are things that are provided to other people under the plan…So, in our view, the city offered no legitimate, legal or factual explanation for treating Corey and Nicholas differently than other couples who get IVF benefits.
A spokesperson from city hall said Mayor Adams’ administration “proudly supports the rights of LGBTQ+ New Yorkers to access the health care they need… The city has been a leader in offering IVF treatments for any city employee or dependent covered by the city’s health plan who has shown proof of infertility, regardless of gender identity or sexual orientation…The city will review the details of the complaint.”
By - FZ
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