44 results on '"*AMERICANS with Disabilities Act of 1990"'
Search Results
2. Imposing a Health Insurance Surcharge on the Unvaccinated.
- Author
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Yang, Y. Tony and Chen, Brian
- Subjects
- *
LABOR laws , *IMMUNIZATION , *HEALTH Insurance Portability & Accountability Act , *HEALTH insurance , *USER charges , *HOSPITAL care , *DECISION making , *MANAGEMENT , *CORPORATE culture , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
COVID-19 hospitalizations among unvaccinated individuals cost billions of dollars. More employers are considering imposing a premium surcharge on employees participating in the company's health plan who are not vaccinated against COVID-19. These employers see this approach as similar to health premium surcharges for tobacco use, justifying the higher premiums on the basis that unvaccinated individuals could cause the plan to experience higher hospitalization and related costs. However, imposing a surcharge on unvaccinated employees will require employers to think through legal and policy implications and the interests of their employees and their businesses. Employers should weigh their vaccination goals against these interests and consider whether a legally compliant surcharge would further their goals. Employers should carefully consider the prevailing culture among their employees and assess whether the policy would be effective and noncoercive. Premium surcharges may be effective for some but not all employers. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
3. Making Gains for Blind Americans: Leadership in the United States Congress.
- Author
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Durbin, Dick
- Subjects
SERVICES for blind people ,AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Published
- 2020
4. Disability-Related Disparities in Access to Health Care Before (2008–2010) and After (2015–2017) the Affordable Care Act.
- Author
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Kaye, H. Stephen
- Subjects
- *
HEALTH services accessibility , *HEALTH equity , *DISABILITIES , *AMERICANS with Disabilities Act of 1990 , *MEDICAID eligibility , *PUBLIC health , *AGE distribution , *ETHNIC groups , *HEALTH status indicators , *INCOME , *MEDICAL care costs , *MENTAL illness , *PEOPLE with disabilities , *RACE , *SURVEYS , *LOGISTIC regression analysis ,MEDICAL care for people with disabilities ,PATIENT Protection & Affordable Care Act - Abstract
Objectives. To explore the effect of the Affordable Care Act (ACA) on disparities in access to health care based on disability status, as well as age, income, race, and ethnicity. Methods. In this study, I used logistic regression to analyze nationally representative data from 128 000 respondents to the US National Health Interview Survey from 2008 to 2010 and 2015 to 2017. Outcome variables were uninsurance over the previous 12 months, delayed or forgone health care for reasons of cost, and having a regular provider at a doctor's office or health clinic. Results. Over the period when the ACA was implemented, large existing disparities in access to health care were reduced for people with certain types of disabilities, young adults aged 19 to 25 years, and low-income families. Conclusions. The ACA improved overall access to health care and reduced some disparities, but substantial disparities persist. Disability status remains associated with much greater risk of delayed or forgone care, and mental health disability is associated with greater likelihood of uninsurance. Public Health Implications. The ACA partially achieved its goals and must not be weakened or rolled back. Further policy efforts are needed to address the remaining disparities. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
5. Bundling Justice: Medicaid's Support for Housing.
- Author
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Crossley, Mary
- Subjects
- *
HEALTH policy , *SOCIAL justice , *HOMELESSNESS , *HOUSING , *HEALTH insurance , *LONG-term health care , *MEDICAID , *MENTAL health , *NURSING care facilities , *SOCIOECONOMIC factors , *PSYCHIATRIC treatment , *AMERICANS with Disabilities Act of 1990 , *HEALTH & social status ,PATIENT Protection & Affordable Care Act - Abstract
Should Medicaid pay for supportive housing for homeless persons? After describing current limits on how states can use Medicaid funds to support housing, this article considers whether justice requires treating Medicaid recipients residing in nursing homes and Medicaid recipients needing supportive housing similarly. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
6. The Role of Courts in Shaping Health Equity.
- Author
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Hall, Mark A.
- Subjects
- *
MEDICAL care laws , *CIVIL rights , *INSURANCE law , *PEOPLE with disabilities , *INSURANCE , *DISCRIMINATION (Sociology) , *HEALTH status indicators , *HEALTH insurance , *MEDICAID , *PHYSICIANS , *DECISION making in clinical medicine , *AMERICANS with Disabilities Act of 1990 , *HEALTH services accessibility , *LAW ,PATIENT Protection & Affordable Care Act - Abstract
United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
7. Focus group perspectives on high-priority employment barriers facing Americans with multiple sclerosis.
- Author
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Roessler, Richard T., Rumrill, Phillip D., and Timblin, Rachel I.
- Subjects
- *
EMPLOYMENT reentry , *FOCUS groups , *EMPLOYMENT of people with disabilities , *NATIVE Americans , *MULTIPLE sclerosis , *PEOPLE with disabilities , *PROFESSIONAL ethics , *SURVEYS , *VOCATIONAL rehabilitation , *DISCLOSURE , *SOCIAL boundaries , *THEMATIC analysis , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
BACKGROUND: People with multiple sclerosis (MS) are known to face a multitude of challenges as they attempt to re-initiate or maintain their careers following onset of the disease. OBJECTIVE: Less is known, however, about the subjective experiences of people with MS regarding employment barriers. METHODS: Using the results of a larger national survey of the employment concerns of people with MS that was conducted in 2014-2015 as a basis for data collection, this qualitative study involved six focus groups comprising 20 people with MS and 27 MS service providers. RESULTS: Focus group participants offered subjective perspectives on and suggestions for addressing employment barriers that represented four major themes: understanding the provisions of the Affordable Care Act, on-the-job accommodations and the Americans with Disabilities Act, reassignment as a job retention strategy, and disclosure of disability. CONCLUSION: Findings are discussed within the context of existing literature. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
8. REAFFIRMING DIVERSITY AND INCLUSION.
- Author
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PERKINS, ELIZABETH A.
- Subjects
PEOPLE with intellectual disabilities ,GOVERNMENT agencies ,ATTITUDE (Psychology) ,CIVIL rights ,DEVELOPMENTAL disabilities ,EXECUTIVES ,EXPERIENCE ,FEDERAL government ,MEDICAL personnel ,MEETINGS ,PSYCHOLOGY of People with disabilities ,CULTURAL pluralism ,SOCIAL integration ,SOCIAL stigma ,AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act ,SOCIETIES - Abstract
The article presents a speech by Dr. Elizabeth Perkins delivered at the 142nd Annual Meeting of the American Association on Intellectual and Developmental Disabilities (AAIDD) in 2019. Topics of the speech included the conference theme of "Reaffirming Diversity and Inclusion," the threats on hard-fought rights and key legislation that affect the disability community due to President Trump administration's priority shifts, and the inaccurate knowledge on the abilities of people with IDD.
- Published
- 2019
9. health care communication access. Why is it So Hard to Get the Health Care Accommodations that I Need?
- Author
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MORRIS, MEGAN A., LOCKHART, STEPHEN, and EBERLE, KORI
- Subjects
HEALTH services accessibility ,COMMUNICATION ,ACCESSIBLE design of public spaces ,MEDICAL care for people with disabilities ,HEALTH equity ,PATIENT Protection & Affordable Care Act ,PROFESSIONAL associations ,AMERICANS with Disabilities Act of 1990 - Published
- 2022
10. Pregnancy Discrimination and the Law.
- Author
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Palley, Elizabeth
- Subjects
- *
HUMAN breastfeeding laws , *ANTI-discrimination laws , *SOCIAL workers , *HOSPITAL laws , *PATIENT advocacy , *PUBLIC welfare , *GOVERNMENT regulation , *AMERICANS with Disabilities Act of 1990 , *PREGNANCY ,PATIENT Protection & Affordable Care Act - Abstract
This article makes the case that social workers and social welfare advocates need to be aware of pregnancy discrimination law to better advocate for individual clients and for changes in the existing law. It is one piece of gender discrimination and inequity. This article reviews the current law around the Pregnancy Discrimination Act of 1978, including the recent holding in Young v. UPS and other relevant case law. It also reviews recent changes made by the Affordable Care Act and the Americans with Disabilities Act as well as related state laws designed to address pregnancy discrimination. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
11. How Assuming Autonomy May Undermine Wellness Programs.
- Author
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Roberts, Jessica L. and Fowler, Leah R.
- Subjects
- *
INDUSTRIAL hygiene laws , *HEALTH promotion , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
In recent years, corporate wellness programs have become a routine aspect of the employer-provided health-insurance system. While they vary tremendously in their requirements and incentives, what these programs share is the common goal of modifying employee behavior to improve health and, as a result, to lower costs. However, the effectiveness of wellness programs has been called into question. This Article offers one possible reason for these shortfalls by revealing an assumption underlying wellness programs: encouraging people to make healthier decisions requires that they have access to meaningful choices. Put simply, wellness programs assume personal autonomy. Yet the growing literature on the social determinants of health has revealed that, due to socioeconomic factors and other structural barriers, the ability to make healthy decisions is not equally available to all Americans. We are not equally autonomous. Recognizing this reality can empower employers and health insurers to offer wellness programs that do not assume autonomy but instead facilitate it. The Article concludes with examples of autonomy-enhancing policies for promoting health. [ABSTRACT FROM AUTHOR]
- Published
- 2017
12. EXPANSION OF EMPLOYEE WELLNESS PROGRAMS UNDER PPACA CREATES ADDITIONAL BARRIERS TO HEALTHCARE INSURANCE FOR INDIVIDUALS WITH DISABILITIES.
- Author
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CHENG, AMY B.
- Subjects
- *
EMPLOYEE health promotion , *HEALTH insurance , *AMERICANS with Disabilities Act of 1990 , *HEALTH insurance laws ,PATIENT Protection & Affordable Care Act ,MEDICAL care for people with disabilities - Abstract
The article focuses on requirement for employee wellness programs under the Patient Protection Affordable Care Act (PPACA) which provides additional barriers to healthcare insurance for individuals with disabilities. Topics discussed include how the healthcare industry discriminates against individuals with disabilities, reasonable requirement under the American with Disabilities Act of 1990 (ADA) wellness program provision and cost ofmedical coverage to the employee.
- Published
- 2016
13. The Recovery Movement: Implications For Mental Health Care And Enabling People To Participate Fully In Life.
- Author
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Davidson, Larry
- Subjects
- *
MENTAL illness treatment , *MENTAL illness , *CONVALESCENCE , *DISCRIMINATION (Sociology) , *EXPERIENCE , *QUALITY of life , *SOCIAL participation , *SOCIAL stigma , *AMERICANS with Disabilities Act of 1990 , *PATIENT-centered care ,PATIENT Protection & Affordable Care Act - Abstract
The recovery movement, which broadly recognizes the ability of people with mental illnesses to participate in the mainstream of society, stems from a confluence of factors, including longitudinal data showing that many people eventually recover from serious mental illness. Perhaps as important to the emergence and growth of the recovery movement has been the increasing role that people "in recovery" have played in advocating for person-centered care, greater self-determination for those with mental illnesses, and an enhanced focus on restoring functioning for individuals above and beyond symptom reduction. The Americans with Disabilities Act of 1990 redefined serious forms of mental illness as disabilities, which led to the development of a range of accommodations to enable people with psychiatric disabilities to live in their own homes, work, go to school, and perform other normative adult roles such as parent and parishioner even while suffering symptoms. The Affordable Care Act provides additional levers for expanding the use of peer health navigators and shifting care to a collaborative model in which people can play active roles in their own care. While stigma and discrimination continue to pose formidable obstacles, the foundations have been laid for mental health practice to come closer to resembling health care for other medical conditions. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
14. "Gating" Through Wellness Programs Under Proposed EEOC Regulation.
- Author
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Walters, Lowell J. and Szafran, Dennis J.
- Subjects
- *
HEALTH promotion , *AMERICANS with Disabilities Act of 1990 , *LABOR laws ,PATIENT Protection & Affordable Care Act - Abstract
The article examines the proposed regulation of the U.S. Equal Employment Opportunity Commission (EEOC) that limits certain rewards provided through wellness programs. Topics discussed include provision under the Americans with Disabilities Act (ADA) regarding eliminating the general practice of creating gated levels of a health plan; wellness program restrictions imposed by the Affordable Care Act; and use of financial incentives to coerce employees to participate in a program.
- Published
- 2016
15. Wellness at Work: Reconciling the Affordable Care Act with the Americans with Disabilities Act.
- Author
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Seares, Michelle R.
- Subjects
PATIENT Protection & Affordable Care Act ,AMERICANS with Disabilities Act of 1990 ,MONETARY incentives ,HEALTH programs - Abstract
In an effort to encourage employers to institute employee wellness programs, the Patient Protection and Affordable Care Act ("AC A ") increases the permissible financial incentives employers may offer their employees in exchange for participation in such programs. The Americans with Disabilities Act ('A D A "), however, prohibits employers from subjecting employees to disability-related medical inquiries and exams unless such inquiries and exams are voluntary. I f the financial incentive tied to the participation in a wellness program is so coercive as to render participation involuntary, such an incentive structure violates the ADA. This Note examines the statutory conflict between the ACA and the ADA with regard to incentive-based employee wellness programs. Drawing on statutory and regulatory language, legislative history, and wellness programs in practice, this Note explains the likely discriminatory effects of wellness programs with large financial inducements. This Note concludes that the Equal Employment Opportunity Commission must promulgate new regulations that limit the permissible incentives for participatory wellness programs and explicitly address the A D A 's applicability to incentive-based wellness-program provisions so that both employers and employees may determine their rights under the law. [ABSTRACT FROM AUTHOR]
- Published
- 2016
16. Whither the Disability Rights Movement? The Future of Disability Rights Law.
- Author
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Hill, Eve
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *ABUSE of people with disabilities , *LEGISLATIVE amendments , *PREVENTION ,PATIENT Protection & Affordable Care Act - Abstract
The article offers information on the U.S. Affordable Care Act (ACA) and reason of amending the Americans with Disabilities Act (ADA), law which was enforced by the U.S. Department of Justice. Various topics discussed include changes seen in federal political leadership in the country and how the law will prevent discrimination faced by disabled people.
- Published
- 2017
17. The Legal Dimensions of Genomic Sequencing in Newborn Screening.
- Author
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Zacharias, Rachel L., Smith, Monica E., and King, Jaime S.
- Subjects
- *
CATASTROPHIC illness , *DECISION making , *GENOMES , *INFORMATION retrieval , *MEDICAL screening , *POLICY sciences , *CHILDREN with disabilities , *WELL-being , *ACCESS to information , *AMERICANS with Disabilities Act of 1990 , *PARENT attitudes , *SEQUENCE analysis , *GENETIC privacy , *CHILDREN , *THERAPEUTICS ,PATIENT Protection & Affordable Care Act - Abstract
Abstract: The possible integration of genomic sequencing (including whole‐genome and whole‐exome sequencing) into the three contexts addressed in this special report—state‐mandated screening programs, clinical care, and direct‐to‐consumer services—raises related but distinct legal issues. This essay will outline the legal issues surrounding the integration of genomic sequencing into state newborn screening programs, parental rights to refuse and access sequencing for their newborns in clinical and direct‐to‐consumer care, and privacy‐related legal issues attending the use of sequencing in newborns. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
18. GINA at Ten and the Future of Genetic Nondiscrimination Law.
- Author
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Rothstein, Mark A.
- Subjects
- *
ANTI-discrimination laws , *GENEALOGY laws , *MEDICAL laws , *GENETICS laws , *GENETIC techniques , *EMPLOYMENT , *GENE therapy , *GENETIC research , *INDUSTRIAL safety , *HEALTH insurance , *PUBLIC health , *REPRODUCTIVE health , *GENETIC testing , *ACCESSIBLE design , *EXTENDED families , *AMERICANS with Disabilities Act of 1990 , *GENETIC privacy , *LAW ,PATIENT Protection & Affordable Care Act - Abstract
Abstract: May 21, 2018, marks the tenth anniversary of the signing into law of the Genetic Information Nondiscrimination Act. The Congressional deliberations for GINA were long and difficult. The original bill was introduced in 1995, and for many years, it did not look as if the bill would ever emerge from committee. Several of its provisions raised concerns for insurers, employers, and other stakeholders. After thirteen years, the controversial provisions were either deleted, revised, or clarified. At this ten‐year mark, it is appropriate to take stock of GINA. In light of GINA's glacial legislative history, it is reasonable to start thinking about the necessity, wisdom, and feasibility of amending GINA or enacting new legislation to address unresolved or emerging issues of genetic discrimination and trends in genetics, genomics, precision medicine, and related technologies. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
19. EMPLOYER WELLNESS INCENTIVES, THE ACA, AND THE ADA: RECONCILING POLICY OBJECTIVES.
- Author
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MADISON, KRISTIN
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *EMPLOYEE health promotion , *VOLUNTEER service ,PATIENT Protection & Affordable Care Act - Abstract
An essay is presented which examines the policy objectives of the U.S. Patient Protection and Affordable Care Act of 2010 (ACA) and the U.S. Americans With Disabilities Act of 1990 (ADA) with the employer wellness incentives. It mentions that primary purpose of an incentive limit in the ADA with the voluntariness of employees' provision of information and relationship between disability and wellness. It also mentions that proposed rule of U.S. Equal Employment Opportunity Commission (EEOC).
- Published
- 2015
20. Participatory Workplace Wellness Programs: Reward, Penalty, and Regulatory Conflict.
- Author
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POMERANZ, JENNIFER L.
- Subjects
- *
RISK assessment , *OCCUPATIONAL health services , *DISCRIMINATION (Sociology) , *HEALTH , *HEALTH promotion , *RESEARCH funding , *WORK environment , *GOVERNMENT regulation , *AMERICANS with Disabilities Act of 1990 , *ETHICS ,PATIENT Protection & Affordable Care Act - Abstract
Context In keeping with the Patient Protection and Affordable Care Act, Congress revised the law related to workplace wellness programs. In June 2013, the Departments of Treasury, Labor, and Health and Human Services passed the final regulations, updating their 2006 regulatory framework. Participatory programs that reward the completion of a health risk assessment are now the most common type of wellness program in the United States. However, legal and ethical concerns emerge when employers utilize incentives that raise questions about the voluntariness of such programs. At issue is that under the Americans with Disabilities Act (ADA) of 1990, employers cannot require health-related inquiries and exams. Methods To analyze the current interpretation of the ADA, I conducted research on both LexisNexis and federal agency websites. The resulting article evaluates the differences in the language of Congress's enabling legislation and the federal departments' regulations and how they may conflict with the ADA. It also reviews the federal government's authority to address both the legal conflict and ethical concerns related to nonvoluntary participatory programs. Findings Employers' practices and the federal departments' regulations conflict with the current interpretation of the ADA by permitting employers to penalize employees who do not complete a health risk assessment. The departments' regulations may be interpreted as conflicting with Congress's legislation, which mentions penalties only for health-contingent wellness programs. Furthermore, the regulatory protections for employees applicable to health-contingent wellness programs do not apply to participatory programs. Conclusions Either Congress or the federal agencies should address the conflict among employers' practices, the wellness regulations, and the ADA and also consider additional protections for employees. Employers can avoid ethical and legal complications by offering voluntary programs with positive incentives. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
21. CLASSIFYING OBESITY AS A DISABILITY UNDER THE AMERICANS WITH DISABILITIES ACT: HOW SEFF V. BROWARD COUNTY IS INCONGRUENT WITH RECENT ADA LITIGATION.
- Author
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Flaherty McCoy, Maura
- Subjects
OBESITY ,AMERICANS with Disabilities Act of 1990 ,CAPACITY (Law) ,HEALTH promotion ,PATIENT Protection & Affordable Care Act ,EMPLOYMENT of people with disabilities -- Law & legislation ,ACTIONS & defenses (Law) ,LAW - Abstract
The article discusses the classification of obesity as a disability under the U.S. Americans with Disabilities Act of 1990 (ADA), and it mentions how several ADA-related litigation decisions are incongruent with the U.S. Court of Appeals for the Eleventh Circuit's ruling in the case Seff v. Broward County which deals with the voluntariness of the defendant's wellness initiative. The U.S. Patient Protection and Affordable Care Act and the legal rights of disabled employees are examined.
- Published
- 2015
22. Don't Let Them Eat Cake: Implementing a Government-Sponsored Wellness Program That Utilizes Tax Credits to Promote Healthy Behaviors.
- Author
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Swords, Shane
- Subjects
- *
ECONOMICS , *OBESITY , *TAXATION , *GOVERNMENT agencies , *HEALTH , *HEALTH behavior , *HEALTH promotion , *MEDICAL care costs , *MOTIVATION (Psychology) , *WORK environment , *EMPLOYER-sponsored health insurance , *GOVERNMENT programs , *GOVERNMENT regulation , *HEALTH Insurance Portability & Accountability Act , *AMERICANS with Disabilities Act of 1990 ,HEALTH insurance & economics ,PATIENT Protection & Affordable Care Act - Abstract
The article discusses the disadvantages and benefits of employer sponsored employee wellness programs. A discussion of the U.S. government's role in employee wellness programs, initiated as a result of the U.S. Patient Protection and Affordable Care Act and an exception to the U.S. Health Insurance Portability and Accountability Act, is presented. The creation of a government sponsored wellness program which uses tax credits, and the legal aspects of wellness programs are discussed.
- Published
- 2014
- Full Text
- View/download PDF
23. Navigating Cancer-Related Legal Issues.
- Subjects
EMPLOYMENT of people with disabilities -- Law & legislation ,TUMOR diagnosis ,HEALTH insurance laws ,HEALTH insurance ,PATIENT-centered care ,HEALTH literacy ,RESPONSIBILITY ,PATIENTS' rights ,EMPLOYEE rights ,LEAVE of absence ,TUMORS ,PATIENT Protection & Affordable Care Act ,INSURANCE ,MEDICARE ,AMERICANS with Disabilities Act of 1990 ,LEGISLATION ,LAW - Published
- 2021
24. The Right to Language.
- Author
-
Humphries, Tom, Kushalnagar, Raja, Mathur, Gaurav, Napoli, Donna Jo, Padden, Carol, Rathmann, Christian, and Smith, Scott
- Subjects
- *
DEAF children , *CHILDREN with disabilities , *CIVIL rights , *SIGN language education , *CONSTITUTIONAL law , *EDUCATION of the deaf , *DEAFNESS , *HEALTH services accessibility , *LANGUAGE & languages , *LANGUAGE acquisition , *MAINSTREAMING in special education , *SIGN language , *AMERICANS with Disabilities Act of 1990 , *EDUCATIONAL law & legislation ,UNITED States. Individuals with Disabilities Education Act ,PATIENT Protection & Affordable Care Act - Abstract
We argue for the existence of a state constitutional legal right to language. Our purpose here is to develop a legal framework for protecting the civil rights of the deaf child, with the ultimate goal of calling for legislation that requires all levels of government to fund programs for deaf children and their families to learn a fully accessible language: a sign language. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
25. Two federal actions enforce rights for SUD patients.
- Subjects
- *
INSURANCE companies , *SUBSTANCE abuse , *DISCRIMINATION (Sociology) , *NURSING care facilities , *PUNISHMENT , *DAMAGES (Law) , *FEDERAL government , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
This month, the federal government has issued two orders punishing an insurance company for discriminating against substance use disorder (SUD) patients and beneficiaries, and a nursing home company for discriminating against patients. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
26. Disability, employment and stress regarding ability to pay for housing and healthy food.
- Author
-
Smith, Diane L.
- Subjects
FOOD ,ASIANS ,BLACK people ,CONFIDENCE intervals ,DISCRIMINATION (Sociology) ,EDUCATION ,EMPLOYMENT ,EPIDEMIOLOGY ,HISPANIC Americans ,HOUSING ,INCOME ,INDIGENOUS peoples of the Americas ,MEDICALLY uninsured persons ,PEOPLE with disabilities ,POVERTY ,SEX distribution ,PSYCHOLOGICAL stress ,WHITE people ,LOGISTIC regression analysis ,GOVERNMENT policy ,DATA analysis ,AMERICANS with Disabilities Act of 1990 ,DATA analysis software ,PATIENT Protection & Affordable Care Act ,ECONOMICS - Abstract
OBJECTIVE: To determine if disability is a significant factor in increasing the likelihood of experiencing stress regarding the ability to pay for housing and healthy food. PARTICIPANTS: 24.6% (n=16206) of 65,960 adults who responded to the social context optional module of 2009-2010 Behavioral Risk Factor Surveillance System identified themselves as having a disability. Adults with disabilities reported that they experienced significantly more stress about having money to pay for housing and healthy food than adults without disabilities. METHODS: This research was a quantitative study using a publicly available dataset. A series of logistic regressions were performed to determine the extent that disability affected the likelihood of stress about having enough money for housing and healthy food.RESULTS: Employed persons with a disability are 1.6 times and 1.9 times as likely as persons without a disability to experience stress about not having enough money to pay for housing and healthy food, respectively. Persons not employed with a disability are 1.56 times and 1.83 times as likely to experience stress about not having enough money to pay for housing and healthy food, respectively. For persons with a disability, being female, in poor health, without a health plan and having a lower income were also significant. Education and employment were not significant predictors of experiencing stress regarding money for food or housing. CONCLUSIONS: Having a disability is more predictive of experiencing stress about having enough money for housing and healthy food than employment, though variables such as low income and having a health plan, dependent on employment are significant. Therefore, strategies and policy recommendations to reduce stress by increasing employment and income for persons with disabilities were presented. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
27. VGB, ADA AND HEALTHCARE SUMMARY.
- Author
-
GETZOFF, STEVEN B. and TEJURA, SEETAL
- Subjects
AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act ,SWIMMING pool industry ,PHYSICAL fitness centers ,HEALTH resort laws ,DROWNPROOFING ,TAX returns ,LAW - Abstract
The article focuses on several U.S. laws and regulations affecting the pool and spa industry. It discusses the Virginia Graeme Baker Pool and Spa Safety Act (VGB) which set public awareness on the reduction of drowning. It says that the Americans With Disabilities Act (ADA) required that public accommodations to provide accessible entry to all its spas and pools. It explains how the Affordable Care Act (ACA) affects the business in terms of health insurance, exemption, and income tax return.
- Published
- 2013
28. Field's 2016 wish list: Comprehensive MH reform, parity enforcement.
- Author
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Canady, Valerie A.
- Subjects
- *
ELECTIONS , *HEALTH care reform , *HEALTH services accessibility , *INSURANCE , *MENTAL health , *MENTAL health services , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
The article discusses the expectations in the field of mental health in the U.S. in 2016. Also cited are the move by the U.S. Congress to advance a bill to introduce a comprehensive mental health reform in the country, the proposed "Helping Families in Mental Health Crisis Act" filed by Congressman Tim Murphy, and the proposed "Mental Health Reform Act of 2015" filed by Senators Chris Murphy and Bill Cassidy.
- Published
- 2016
- Full Text
- View/download PDF
29. Legal Issues in Genetic Testing.
- Author
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Hauer, Melissa A.
- Subjects
GENETIC testing lawsuits ,GENETIC testing laws ,INFORMED consent (Medical law) ,AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act ,HEALTH Insurance Portability & Accountability Act - Abstract
We have yet to come to a consensus on many issues raised by genetic testing, such as when it may be collected and shared, the training necessary to interpret results, and how it may be used in different contexts such as employment or insurance. In many states, we don't even know who owns an individual's DNA information. Advances in genetic science will continue to force us to rethink traditional legal concepts of what constitutes property, informed consent, privacy, and discrimination. [ABSTRACT FROM AUTHOR]
- Published
- 2015
30. Health Care for Americans with Disabilities -- 25 Years after the ADA.
- Author
-
Peacock, Georgina, lezzoni, Lisa I., and Harkin, Thomas R.
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *HEALTH care reform , *HEALTH insurance exchanges , *MEDICAL laws ,PATIENT Protection & Affordable Care Act - Abstract
The article reflects on the gains and challenges of the American with Disabilities Act (ADA) 25 years after its signing on July 26, 1990 by President H. W. Bush with a focus on the Affordable Care Act (ACA). Topics include the disability data by the U.S. Centers for Disease Control and Prevention (CDC), the 2013 National Healthcare Disparities Report by the Agency for Healthcare Research and Quality and the U.S. Access Board collaboration with the U.S. Food and Drug Administration (FDA).
- Published
- 2015
- Full Text
- View/download PDF
31. Helping Clients Navigate the Absence Management Process.
- Author
-
LARSEN, SCOTT
- Subjects
LEAVE of absence ,WORKING hours ,LABOR productivity ,PATIENT Protection & Affordable Care Act ,FAMILY & Medical Leave Act of 1993 (U.S.) ,AMERICANS with Disabilities Act of 1990 ,MANAGEMENT - Published
- 2017
32. Contemporary Research on Employment and Vocational Rehabilitation Outcomes for Americans with Disabilities.
- Author
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Rumrill, Phillip and Fong Chan
- Subjects
- *
EMPLOYMENT of people with disabilities , *ASSISTIVE technology , *UNEMPLOYMENT , *VOCATIONAL rehabilitation , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
An introduction is presented in which the editor discusses articles in the issue on topics including employment of people with disabilities; vocational rehabilitation; and integrated community employment.
- Published
- 2015
- Full Text
- View/download PDF
33. Is the EEOC Debating the Right Question Concerning 'Voluntary' Wellness Programs?
- Author
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Terry, Paul E.
- Subjects
- *
CONTROL (Psychology) , *CIVIL rights , *DEBATE , *DISCRIMINATION (Sociology) , *HEALTH , *REWARD (Psychology) , *EMPLOYER-sponsored health insurance , *GOVERNMENT regulation , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
The author reflects on the guidance of the Equal Employment Opportunity Commission (EEOC) about the nondiscriminatory wellness programs. Topics discussed were the incongruence between the U.S. Affordable Care Act (ACA) and the Americans with Disabilities Act (ADA), incentives for the wellness programs and the meeting of the U.S. Equal Employment Opportunity Commission "Wellness Programs under Federal Equal Employment Opportunity Laws" on of May 8, 2013.
- Published
- 2014
- Full Text
- View/download PDF
34. A closer look at the EEOC's final wellness rules.
- Author
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Kuperstein, Daniel N.
- Subjects
AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
Do your programs comply with the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act? Here's everything you need to know. [ABSTRACT FROM AUTHOR]
- Published
- 2016
35. ADA and GINA: EEOC issues regulations on wellness programs.
- Author
-
Lessack, Susan K.
- Subjects
HEALTH Insurance Portability & Accountability Act ,PATIENT Protection & Affordable Care Act ,AMERICANS with Disabilities Act of 1990 ,EMPLOYERS ,STATUS (Law) - Abstract
The article discusses whether compliance with the Health Insurance Portability and Accountability Act (HIPAA)/Affordable Care Act (ACA) requirements constituted compliance with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Topics mentioned include the Equal Employment Opportunity Commission's (EEOC) regulations under the ADA and GINA, the relation of wellness programs to ADA and GINA, and what EEOC's regulations mean for employers.
- Published
- 2016
36. Employer sued over wellness program.
- Author
-
KOSTER, KATHLEEN
- Subjects
EMPLOYEE health promotion ,PATIENT Protection & Affordable Care Act ,AMERICANS with Disabilities Act of 1990 ,HEALTH insurance premiums ,ACTIONS & defenses (Law) - Abstract
The article discusses the U.S. District Court, Eastern District of Wisconsin case EEOC v. Orion Energy Systems which deals with the wellness program. Topics include EEOC's definition of wellness requirements under the Affordable Care Act's and Americans with Disabilities Act, Orion's wellness program which impose penalty for paying 100 percent of the health insurance premiums on employees who did not participate in the program, and two forms of wellness programs such as activity-only programs.
- Published
- 2014
37. Legal Briefings.
- Author
-
Hall, James E., Kobata, Mark T., and Denis, Marty
- Subjects
- *
LABOR laws , *AMERICANS with Disabilities Act of 1990 , *ACTIONS & defenses (Law) ,PATIENT Protection & Affordable Care Act - Abstract
The article offers news briefs on legal aspects of employees in the U.S. as of August 2014. Topics discussed include Jane Harris, an employee at Ford Motor Co., suffering from bowel syndrome filing a lawsuit against the company under the Americans with Disabilities Act for not allowing her to work from home, and the regulations under the U.S. Affordable Care Act which demands the employers to determine their number of employees.
- Published
- 2014
38. When does a voluntary wellness program become involuntary?
- Subjects
HEALTH promotion ,EMPLOYERS ,AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
The article focuses on the conflict of employer wellness programs under Affordable Care Act (ACA) to other federal laws such as Americans with Disabilities (ADA). It depicts the participatory and health-contingent wellness programs. It discusses how ADA applies on wellness program regulations and some restrictions. It states that employers may implement rewards and penalties until guidance from Equal Employment Opportunity Commission (EEOC) is issued.
- Published
- 2013
39. When does a voluntary wellness program become involuntary?
- Author
-
Lessack, Susan K.
- Subjects
AMERICANS with Disabilities Act of 1990 ,EMPLOYEE health promotion ,PATIENT Protection & Affordable Care Act ,INDUSTRIAL hygiene ,LABOR incentives - Abstract
The article focuses on employee wellness program and issues involving federal laws or the American Disabilities Act (ADA). It discusses the two kinds of wellness plans such as the participatory wellness programs and health-contingent wellness programs. It says that ADA prohibits employers to inquire disability-related questions unless job-related. It suggests that employers may provide rewards or penalties which are below to the levels endorsed by the Affordable Care Act (ACA).
- Published
- 2013
40. Proclamation 9550—International Day of Persons With Disabilities, 2016.
- Author
-
OBAMA, BARACK
- Subjects
- *
PROCLAMATIONS , *DISABILITY laws , *HOLIDAYS , *AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Abstract
The article presents the Proclamation 9550 or the International Day of Persons With Disabilities of U.S. President Barack Obama. Topics mentioned include the enactment of the Americans with Disabilities Act (ADA) that upholds the entitlement of every Americans to fundamental protection and freedom, the significance of the Affordable Care Act and the commitment of the country in attaining Sustainable Development Goals that recognize disability employment and inclusive education.
- Published
- 2016
41. How the Senate Is Supposed to Work.
- Author
-
McConnell, Mitch
- Subjects
- *
AMERICANS with Disabilities Act of 1990 ,PATIENT Protection & Affordable Care Act - Published
- 2016
42. That Was The Year That Was.
- Author
-
BUZALKA, MICHAEL
- Subjects
SCHOOL food laws ,HUNGER prevention ,CHILD nutrition ,AMERICANS with Disabilities Act of 1990 ,FOOD allergy ,PATIENT Protection & Affordable Care Act ,ACCOUNTABLE care organizations ,LAW - Abstract
The article focuses on several regulations regarding management of school meal programs as of December 2013. It states that Healthy Hunger-Free Kids Act of 2010 caused great impact on the school nutrition programs of the U.S. It mentions about the Americans with Disabilities Act which focuses on the concerns of food allergy in schools. It discusses the Affordable Care Act which encourages the Accountable Care Organization concept of the U.S. for preventive care.
- Published
- 2013
43. Proclamation 9471–Anniversary of the Americans with Disabilities Act, 2016.
- Author
-
OBAMA, BARACK
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *ANNIVERSARIES , *PEOPLE with disabilities ,PATIENT Protection & Affordable Care Act - Abstract
The article presents Proclamation 9471 by U.S. President Barack Obama on the anniversary of the Americans with Disabilities Act (ADA) in 2016. Topics include ADA's history that was enacted in 1990, its impact on the disability community, and the government's efforts to ensure that people with disabilities are welcome in the society. Also discussed are the Affordable Care Act and the importance of recognizing the contributions of Americans with disabilities.
- Published
- 2016
44. Proclamation 9302-Anniversary of the Americans with Disabilities Act, 2015.
- Author
-
OBAMA, BARACK
- Subjects
- *
AMERICANS with Disabilities Act of 1990 , *PEOPLE with disabilities , *ANNIVERSARIES , *PROCLAMATIONS ,PATIENT Protection & Affordable Care Act - Abstract
The article presents Proclamation 9302 from U.S. President Barack Obama in celebration of the 25th anniversary of the Americans with Disabilities Act, which reaffirmed that people with disabilities can participate fully in the country's economy and democracy. Topics discussed include challenges facing every Americans amid the enact of the Act and efforts being done by the Obama administration to create equal opportunity like the Affordable Care Act (ACA).
- Published
- 2015
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