DISORDER IN THE COURTS: THE APPLICATION OF THE AMERICANS WITH DISABILITIES ACT TO HEALTH INSURANCE
JEFFREY A. MELLO
DOI: 10.2190/U48R-Q4CV-FXHG-DX50
Abstract
In the past several years the United States Supreme Court has issued a number of rulings that clarify ambiguous sections of the Americans With Disabilities Act (ADA). These rulings have addressed the division among the lower federal courts concerning interpretations of various ADA provisions. However, there is one nagging question under the ADA on which the lower courts have ruled inconsistently and the Supreme Court has repeatedly declined to review. This troubling issue concerns the application of the ADA to health insurance and its implications for how the rights of those with disabilities to health insurance can be fully upheld under the ADA. The courts have ruled and regulatory agencies have argued inconsistently as to whether insurance practices that "cap" or otherwise limit the benefits offered to employees who suffer from disabilities fall under the coverage of the ADA. This article explores the rulings and interpretations of the lower courts and calls for legislative action and/or Supreme Court review of the issue.
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