DISORDER IN THE COURTS: THE APPLICATION OF THE AMERICANS WITH DISABILITIES ACT TO HEALTH INSURANCE

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. While the Americans With Disabilities Act of 1990 (ADA) provides broad legal protection from discrimination for those with disabilities, it also contains a number of ambiguous areas which the courts have been forced to interpret [1]. One major unresolved controversy involves actions by which insurance companies place caps on benefits for medical care for individuals with select disabilities. Despite the fact that the federal circuits have been split in their rulings in this area, the Supreme Court has refused to hear cases related to this issue on three separate occasions. This article explores the controversy surrounding the issue and presents recommendations for how the rights of those with disabilities can be fully upheld under the ADA.