ADA may widen HIV coverage; new weapon?
Article Abstract:
Litigation regarding the Americans with Disabilities Act of 1990 (ADA) will give some idea of the act's potential for outlawing caps on health insurance coverage for HIV-related problems. ADA section 102(b)(2) states that employers may not engage in discrimination against the handicapped based on a contractual relationship. This is qualified, however, by Section 501(c), which states that Section 102(b)(2) must not be construed to limit employers' participation in bona fide employee benefit plans. Moreover, denial of HIV coverage cannot be made for moral reasons.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Compliance costs are significant; public places
Article Abstract:
Title III of the Americans with Disabilities Act of 1990 imposes certain duties on the commercial real estate industry to accommodate the disabled. These duties may prove quite costly. 'Primary function areas' as well as ways of getting to and from these areas must be accessible to and usable by the disabled, and both landlords and tenants of commercial real estate are legally obligated to comply. Complying with the law in older buildings may be so expensive that they are no longer commercially viable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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AIDS treatment; litigation over coverage will end, but questions remain on privacy, treatment and discrimination
Article Abstract:
The summary form of the Clinton administration's health care reform plan purports to reach the goal favored by AIDS organizations of ensuring universal access to health care, but it leaves some of AIDS patients' other concerns unanswered. These include caps or exclusions for AIDS care, remedies for AIDS patients denied appropriate therapy, coverage of off-label prescription drugs, discrimination against AIDS patients in the provision of health care benefits and confidentiality concerns.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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- Abstracts: IRS and courts rule on exclusion of damages received in employment discrimination and benefit plan cases. IRA proceeds included in decedent's estate; 1986 TRA transition rules not applicable
- Abstracts: Recent developments in the arbitration of employment discrimination claims
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- Abstracts: Letters of credit: curbing bad-faith dishonor. Secured transactions in Poland: coping with the traditional thinking and the new challenges for Central and Eastern Europe