Health insurance exclusions justified re. ASD

Hello. 

My partner's work enables the family to all use an Aviva health insurance policy. We had to fill in extensive paperwork and I honestly noted that my 10 y/o daughter is diagnosed with ASD. 

Her policy was returned with the exclusion noted: "Any recognised related conditions or complications including any recognised complication of treatment(s) arising from: Autism spectrum disorders and any recognised associated conditions including anxiety, stress, depression or mental disorder including any non-organic functional or somatoform disorder and fatigue syndrome."

I called them on the phone and grilled an underwriter about this as I read this as broadly discriminatory and wanted clear explanation of how they understood ASD and on what basis they made decisions about if ASD was related to any other possible medical problem. They were not able to ask my questions so I requested the pass my concerns to their manager and eventually was sent an email which detailed: 

"Aviva take professional medical advice and as per NHS guidance understand that Autism is not an illness or disease, but something you are born with. It is therefore not classed as an acute medical condition."

But then went on to say, "As Autism is not classed as a medical illness or disease this means that Autism would not be covered under the terms and conditions of your Aviva policy." But that was not my question, I wanted them to justify why ASD, which they explicitly state is not an illness or disease, is grounds for exclusions on my daughter's policy. 

They also noted "Aviva understands and takes its obligations under the Equality Act 2010 seriously, and do not exclude cover generally for people on the basis of their protected characteristic. We are aware that Autism may be classed as a protected characteristic under the Equality Act depending on the impact the condition has on the individual persons day to day activities. The Equality Act allows insurance companies to exclude or limit cover if a pre-existing condition or disability increases the insurance risk". 

The closest they got to answering my question is "If at any time Olive were to suffer from a symptom or condition that could be related to, or caused by, her Autism our Claims Team would seek medical advice from her General Practitioner to understand what symptoms she was suffering from and whether in their medical opinion it was related to her
Autism. Their medical testimony would then be assessed alongside the policy terms and conditions to establish what cover is available under the policy you hold." Which feels pretty unsatisfactory. 

I'd really appreciate a sense check here:

- I think this is inconsistent, in that it says ASD is not a medical condition, but then uses it to justify exclusions
- I don't think they have actually explained the basis on which ASD (already noted as not a medical condition) would be assessed as ir/relevant to any other possible medical problem
- It just feels wildly discriminatory

If so, does anyone have any suggestions about how I should respond, or if there are independent organisations I could go to for further advice/ guidance here?

Thanks all,

Parents
  • Dear DebsJ,

    Thank you for sharing this with our community.

    You may be interested in looking at Disability Law Service which might potentially help offer free legal advice to disabled and carers: https://dls.org.uk/?

    Please also be aware of our Community Rule 6: No medical or legal advice. Do not offer medical or legal advice. Always seek professional help for these matters. Treat any medical or legal information shared as the opinion of the user who posted it and meant for general discussion purposes only. 

    Thank you. I hope this helps.

    With all good wishes,

    Eunice Mod

Reply
  • Dear DebsJ,

    Thank you for sharing this with our community.

    You may be interested in looking at Disability Law Service which might potentially help offer free legal advice to disabled and carers: https://dls.org.uk/?

    Please also be aware of our Community Rule 6: No medical or legal advice. Do not offer medical or legal advice. Always seek professional help for these matters. Treat any medical or legal information shared as the opinion of the user who posted it and meant for general discussion purposes only. 

    Thank you. I hope this helps.

    With all good wishes,

    Eunice Mod

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