A Burien resident with hearing loss has filed a nationwide class action lawsuit against Kaiser Foundation Health Plan, alleging the insurer’s refusal to cover prescription hearing aids constitutes illegal discrimination under the Affordable Care Act (ACA).
The lawsuit, filed in federal court on Wednesday, Dec. 18, 2024, is led by plaintiff Jason Delessert, who relies on hearing aids for daily life. He argues Kaiser’s exclusion of hearing aid coverage under its plans is discriminatory against individuals with hearing disabilities.
“I need prescription hearing aids all day long to communicate, work, and socialize — in essence, to safely and fully live my life. They are as necessary for me as a wheelchair is for someone with a mobility disability,” Delessert said. “Yet Kaiser refuses to cover them as ‘durable medical equipment’ under my health plan. This is discrimination, pure and simple.”
The case is the first nationwide class action addressing hearing aid exclusions as a form of disability discrimination under the ACA. It follows a similar Washington state lawsuit in 2020, which resulted in a settlement covering specific enrollees but excluded many like Delessert.
“Prescription hearing aids only treat hearing disabilities. An exclusion of prescription hearing aids is, in reality, aimed solely at people with hearing disabilities. This is illegal discrimination, and Kaiser knows it,” said Eleanor Hamburger, of Sirianni Youtz Spoonemore Hamburger PLLC, one of the attorneys for Mr. Delessert.
The lawsuit seeks to end Kaiser’s hearing aid exclusions nationwide and to reimburse enrollees denied coverage.
“Hearing aid exclusions are based on the historic discrimination against disabled people by the health insurance industry,” said Anna Prakash of Nichols Kaster, one of Mr. Delessert’s attorneys. “The ACA was designed to end such discrimination, including against enrollees with hearing disabilities. This lawsuit seeks to make sure Kaiser ends its discriminatory practices now.”
Kaiser Responds
We reached out to Kaiser Permanente, and received the following response on Dec. 20, 2024:
“Supporting our members and patients who face physical and social barriers to quality care is core to our mission, and we provide a range of care and services for our members with hearing loss. Coverage for hearing aids and related services can be different depending on the plan, and we strive to provide clear information about what is included. All our plans are guided by the standards established by the Washington Office of the Insurance Commissioner. Beginning in 2026, the state is updating its model plan to include hearing aids as an essential health benefit for Individual and Family Plans. We are following suit, and as a result, Kaiser Permanente Individual & Family Plan members in Washington will have hearing aid coverage, effective January 1, 2026.”
I have been trying for six years to get hearing aids through my Kaiser coverage and they have denied me. How do I join this lawsuit?
Hope this lawsuit includes all insurance companies.
What did you say? Can’t hear ya.