A federal appeals court agreed to dismiss lawsuits filed by two Mainers accusing their health insurance providers of discrimination for not covering prescribed weight loss medication for those diagnosed with obesity.
On Friday, the 1st U.S. Circuit Court of Appeals sided with a federal judge who dismissed a lawsuit filed by Rebecca Holland against Elevance Health, the parent company of Anthem Blue Cross and Blue Shield. In February, the appeals court upheld the dismissal of another lawsuit, filed by Jamie Whittemore against Cigna Health and Life Insurance Co.
Holland was prescribed weight loss medication after being diagnosed with obesity, which her lawyers argued was a “disabling health condition,” according to her 2024 lawsuit. Holland was enrolled in an Anthem plan through her employer, and that plan did not cover appetite suppressing drugs like Ozempic, Wegovy or Zepbound taken for weight loss reasons.
Her attorneys argued this was discriminatory and violated the Affordable Care Act, which protects people with disabilities. Anthem’s lawyers argued the plan was not discriminatory because it denies coverage of weight loss medication to all enrollees, regardless of whether or not they have been diagnosed with obesity.
Chief U.S. District Judge Lance Walker dismissed her case last April after determining she hadn’t proved discrimination. Holland appealed the ruling.
Both Walker and the appeals court ruled that Anthem was not discriminating against Holland and others because the insurance carrier’s exclusion applies to all members, not just those diagnosed with obesity.
An Anthem spokesperson declined to comment on the lawsuit Wednesday.
Anthem has argued in court records that it offers other plans that cover these drugs.
Walker also dismissed another Mainer’s lawsuit against Cigna on similar grounds in February 2025. The 1st Circuit upheld that dismissal in an order on Feb. 19, finding that the plaintiff, Jamie Whittemore, had not proven that everyone who is diagnosed with obesity and prescribed medication can be considered disabled.
A spokesperson for Cigna and attorneys for both women did not immediately respond to messages seeking comment Wednesday.
Staff Writer Joe Lawlor contributed to this report.
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