News
2005-11-01
Judge: Woman with
HIV can't be denied lifesaving transplant
An administrative
law judge has ruled that an HIV-positive Phoenix woman
can't be denied a lifesaving liver transplant paid f
An administrative
law judge has ruled that an HIV-positive Phoenix woman
can't be denied a lifesaving liver transplant paid for by
taxpayers because of her health status. The victory
means that Brenda Gwin, 49, can begin the process of
qualifying for a liver transplant through a national
organ-donor network. Her liver disease was caused by
hepatitis C.
Gwin was diagnosed with end-stage liver disease
last November. She was denied coverage that same month
for a liver transplant by the state Medicaid
program—Arizona Health Care Cost Containment
System—because of her HIV status.
Lawyers with two free legal services filed a
lawsuit on her behalf to overturn the decision. "It's
potentially lifesaving for Brenda Gwin, and we believe
it's a victory for other patients in the Arizona Medicaid
system," said Jen Sinton, a New York City lawyer with Lambda
Legal, a national organization that fights for
the civil rights of lesbians, gay men, bisexuals,
transgender people, and those with HIV.
Although AHCCCS agreed to pay for the transplant
after the ruling was issued, the agency hasn't changed
its policy prohibiting health plan members with HIV
from receiving organ transplants paid for by state Medicaid.
AHCCCS officials declined to comment but issued
a statement to The Arizona Republic saying it is
considering revising its transplant policy for members
with HIV.
Previously, the agency argued that transplant
recipients with HIV didn't fare as well as those
without the virus. But Lambda lawyers cited a 2002
New England Journal of Medicine article that
found there is no evidence of poorer survival rates. "The
medical evidence overwhelming shows right now that
people with HIV have just as good a survival rate
after a transplant as people without HIV," Sinton
said. "This represents another example of the shift toward
recognizing that organ transplantation should not be denied
based on HIV status alone."
California recently passed a law that prevents
insurers from denying organ transplants to members
based on their HIV status. And in another recent court
decision, Veterans Affairs also must evaluate HIV patients
for transplants on a case-by-case basis. (AP)
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