In Catholic Charities of the Diocese of Albany v. Serio, 7 N.Y.3d 510 (2006), a group of religiously affiliated organizations challenged a New York statute that required health insurance plans covering prescription drugs to include contraceptive coverage under the Women’s Health and Wellness Act (NY Insurance Law § 3221(16) and § 4303(cc)).
Title 24 Insurance, § 432D-26.3 of the Health Maintenance Organization Act prohibits HMOs from discriminating against individuals on the basis of actual or perceived gender identity. This section bars refusals of coverage, extra premiums, or treating gender identity as a pre-existing condition.
In Saks v. Franklin Covey Co., 316 F.3d 337 (2003), the plaintiff’s employee health benefit plan denied coverage for certain infertility procedures that can only be performed on women, including in vitro fertilization (“IVF”). She sued her employer for unlawful discrimination under the Americans with Disabilities Act (“ADA”), Title VII, the Pregnancy Discrimination Act, and state law. The United States District Court for the Southern District of New York granted summary judgment in favor of the defendant-employer.
