New California Law: Insurers Cannot Deny Organ Transplants Solely Because of HIV

Summary: California has become the first state to decide that a health insurer cannot refuse to pay for a liver or other organ transplant solely because the patient has HIV.

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In late September 2005, California became the first state to prohibit health insurance companies from denying coverage for organ transplantation solely because the patient has HIV. Governor Arnold Schwarzenegger signed the bill, AB 228, which had been passed with bipartisan support in August.

Major health insurers in California and elsewhere have already paid for transplantation in persons with HIV for the past several years, though some smaller insurers have not made a decision yet. Denials have occurred in some other states, but many have been overturned through appeals.

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