269329 Financing biomedical HIV prevention: Assessing obstacles to health insurance coverage for new biomedical prevention technologies

Tuesday, October 30, 2012

Kristen Underhill, D.Phil., J.D. , Yale Law School/ Center for Interdisciplinary Research on AIDS, Yale University, New Haven, CT
Background: Reducing the incidence of HIV continues to be an important US public health priority, especially among populations at elevated risk. Although HIV prevention efforts have historically focused on changing risky behaviors, recent trials have yielded efficacious new biomedical technologies designed to prevent infection, such as oral pre-exposure prophylaxis and antiretroviral microbicides. Research has also newly identified preventive effects of existing treatments, such as antiretroviral therapy, male circumcision, and substance abuse treatment. Because access to prevention technologies will help drive the next phase of the response to HIV, insurance coverage for these interventions is a crucial question. These technologies, however, arrive amidst escalating healthcare costs, prompting questions about health priorities and the extent to which private and public insurers should bear responsibility for public health.

Approach: The goals of this study are (1) to analyze the public policy implications of health insurance coverage decisions regarding biomedical HIV prevention, and (2) to evaluate potential legal challenges to providing coverage for this care. This inquiry identifies several legal bases on which insurers may deny coverage for biomedical HIV prevention services, assessing the extent to which these denials may survive external and judicial review. Because a few of these legal grounds may be persuasive, such as medical necessity and experimental treatment exclusions, this study also identifies alternative strategies for financing biomedical HIV prevention.

Conclusions: Insurance coverage for emerging HIV prevention technologies will likely be variable and subject to several grounds for denial, requiring consideration of alternative access strategies (e.g., statutory mandates, governmental financing).

Learning Areas:
Protection of the public in relation to communicable diseases including prevention or control
Provision of health care to the public
Public health or related laws, regulations, standards, or guidelines

Learning Objectives:
1. To discuss the public policy implications of insurance coverage decisions related to biomedical technologies for preventing HIV. 2. To evaluate potential legal grounds on which public and private health insurers might deny coverage for biomedical HIV prevention. 3. To assess alternative mechanisms for expanding access to biomedical HIV prevention technologies.

Keywords: Health Law, HIV/AIDS

Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: I will mention the use of antiretroviral drugs for HIV prevention, a strategy known as pre-exposure prophylaxis. These drugs are approved for HIV treatment, but not yet for prevention purposes.

Qualified on the content I am responsible for because: I received my JD from Yale Law School in 2011, and I focused my coursework and research on public health law and healthcare financing. I am now research faculty at the law school, where I have continued to work in these areas. I also have a doctorate in behavioral HIV prevention, and I am principal investigator of an NIH-funded grant investigating the acceptability of pre-exposure prophylaxis drugs for preventing HIV.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.