Kaiser Permanente sued in class action regarding HIV testing

Posted on: January 7th, 2014 by Steve Larson

bouton croixKaiser Permanente, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Health Plan of the Northwest, and Northwest Permanente P.C. (“Kaiser”) have been named as defendants in a class action lawsuit in the United States District Court for the District of Oregon, Portland Division.  The suit alleges, among other things, that Kaiser instituted a new protocol and placed lab orders for members between the ages of 50 and 65 to receive Human Immunodeficiency Virus “HIV” screening as part of their routine care without providing them the option of “opting-out” of HIV testing.

The proposed Kaiser Permanente HIV Screening class action lawsuit is brought on behalf of the following putative class members:

“All persons in the State of Oregon subjected to unauthorized and unconsented to HIV testing by Kaiser Permanente, and its affiliated companies, from on or about April 11, 2013 to on or about May 5, 2013. (‘the Class’)”

The Kaiser Permanente HIV Testing & HIV Screening class action lawsuit complaint asserts claims for alleged violations of Unfair Trade Practices under ORS 746. 240, violation of ORS 33.045 and OAR 333-022-0205 and invasion of privacy.

The Plaintiffs and the putative class in the Kaiser Permanente HIV Testing & HIV Screening class action suit seek damages in amounts to be determined at trial and costs of suit.