Kaiser, California Department of Managed Health Care face lawsuit for discriminatory failure to cover wheelchairs

The Disability Rights Education and Defense Fund ("DREDF") and Rosen Bien Galvan & Grunfeld LLP ("RBGG") filed a class action lawsuit  in federal court against Kaiser Foundation Health Plan and the California Department of Managed Health Care ("DMHC") challenging disability discrimination in insurance coverage of wheelchairs. Health plans administered by Kaiser and endorsed by DMHC do not provide effective coverage of wheelchairs needed by people with disabilities. This lawsuit challenges Kaiser’s health insurance plan – which is also California’s “benchmark” or model plan under the ACA – that pays only a maximum of $2,000 toward a wheelchair intended for “home use.”

The Affordable Care Act ("ACA") mandates disability nondiscrimination and coverage of certain essential health benefits, including rehabilitative and habilitative devices (such as wheelchairs). Power wheelchairs needed by people with disabilities can cost up to $50,000. Despite the ACA mandate, Kaiser and the State of California fail to cover wheelchairs in ACA-regulated health plans, leaving many people with disabilities without the mobility devices they need to work, pursue education, take care of their families, or even leave their homes.