$2M Aetna Settlement Resolves Class Action Lawsuit Over LGBTQ+ Fertility Treatment Coverage Discrimination Claims

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Aetna Life Insurance Company has agreed to pay a $2 million settlement to resolve a proposed class action lawsuit that alleged the healthcare giant discriminated against LGBTQ+ policyholders by denying them equal access to fertility treatments.

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The official website for the Aetna class action settlement can be found at InfertilityInsuranceSettlement.com.

The $2,000,000 settlement agreement covers LGBTQ+ members of certain New York Aetna insurance plans who were or would have been denied coverage for artificial insemination, including those in the following categories:

• Category A: Individuals whose Aetna member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes between September 1, 2017 and May 31, 2024, as well as information indicating they may be eligible to participate in the settlement;
• Category B: Those whose Aetna member files include a claim or precertification request denial for one of the qualifying codes during the aforementioned period, but for whom there is insufficient information to determine whether they may have been in an eligible LGBTQ+ relationship;
• Category C: Individuals whose Aetna member files contain a claim or precertification request for one of the qualifying in vitro fertilization (IVF) codes during the same period but whose artificial insemination history cannot be determined from Aetna’s member files, and for whom there is insufficient data to determine whether they may have been in an eligible LGBTQ+ relationship, or those who did not submit precertification or claim requests because they would be denied and nevertheless underwent artificial insemination covered by one of the qualifying intra-cervical insemination or intrauterine insemination codes; and
• Category D: Individuals whose member files include a claim or precertification request denial for one of the qualifying artificial insemination codes but whose denial was followed by an approval within 90 days, or was otherwise paid by Aetna, and whose file does not establish whether the member paid out of pocket for the artificial insemination services before their claim was approved.

The settlement website notes that category D class members whose files contain information indicating they may be eligible to participate in the settlement are more specifically classified as category D-A, while those for whom there is insufficient data to determine whether they were in an eligible LGBTQ+ relationship are characterized as category D-B.

Related Reading: Class Action Alleges Aetna Discriminates Against LGBTQ Individuals by Denying Coverage for Fertility Treatments

According to the site, class members are entitled to receive an approximately $10,000 payment per person from the $2,000,000 common fund, though the final payout amount may decrease on a pro rata basis if there are more than 200 class members.

According to the settlement website, class members will also receive a $2,300 “dollars for benefits” payment if Aetna has not already reimbursed expenses related to artificial insemination services that the member’s medical plan would have covered but for the insurance company’s definition of “infertility” as of May 31, 2024.

Per the website, category A class members will automatically receive the $10,000 Aetna settlement payment and the $2,300 payment (if eligible) without having to file a claim form or any supporting documentation.

Category B class members will be entitled to receive the $10,000 payment and the $2,300 payment (if eligible) only if they submit a timely, valid attestation form stating that they were in an eligible LGBTQ+ relationship at the time they received infertility services, the site relays.

Category C and category D-B class members will be entitled to receive the settlement payouts only if they file both a timely attestation form and claim submission form with supporting evidence, the website shares.

Category D-A class members must file only a claim submission form with supporting evidence to be eligible for the settlement rebates, the site adds.

Additionally, class members may file an out-of-pocket expense submission form for reimbursement of additional documented costs incurred as a direct result of Aetna’s denial of infertility treatment coverage, and/or a miscellaneous harm submission form for other damages experienced that are not covered elsewhere by the deal, the site says.

Moreover, the website relays that class members who underwent covered fertility treatment that would have resulted in reimbursement exceeding the $2,300 “dollars for benefits” payment—or those who received reimbursement from Aetna of less than $2,300—can file a “proof of greater covered care” submission form in order to receive additional compensation equal to the amount that would have been paid under their plan.

The deadline to file the forms and/or supporting documents is August 26, 2025.

Attestation forms, claim submission forms and all supporting documentation can be filed online on this page. Class members may also download PDF forms or contact the settlement administrator to request paper copies to return by mail, email or fax.

Consumers will need their unique claimant ID, which can be found on the settlement notice they received, and Aetna member number to submit forms online.

As part of the settlement, Aetna has also changed its definition of “infertility” to align with guidelines established by the American Society for Reproductive Medicine, which will ensure that all eligible plan members have equal access to fertility services, irrespective of sexual orientation, the website shares.

Furthermore, Aetna has introduced a new policy making intrauterine insemination a standard medical benefit covered for all members, and it has revised its IVF requirements to ensure the treatment is more accessible for LGBTQ+ individuals, the site describes.

The deal with Aetna was preliminarily approved by the court on October 8, 2024. It is now up to the court to decide whether to grant final approval to the terms of the settlement at a hearing set for October 10, 2025.

Cash payments will not be issued to eligible class members until after the deal is ultimately approved and goes into effect, the settlement website says.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.