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Health Law and Policy

1995

Americans with Disabilities Act

Articles 1 - 2 of 2

Full-Text Articles in Law

Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow Jan 1995

Restricting Medical Licenses Based On Illness Is Wrong - Reporting Makes It Worse, Phyllis Coleman, Ronald A. Shellow

Journal of Law and Health

Part I of this article briefly explores the licensing and disciplinary processes. Because each state board has broad discretion in reaching its decisions, an illness might be ignored in one state, trigger only periodic monitoring in another, and be grounds for sanction in a third. As the duty of every state board is the same - to protect patients from incompetent doctors - this disparate treatment is absurd. The implicit notion that the impact of a physician's illness on his ability to practice changes depending on a state line is not credible. Although statutes and cases may use different language …


Medical Futility And Disability Discrimination, Mary Crossley Jan 1995

Medical Futility And Disability Discrimination, Mary Crossley

Articles

The concept of medical futility, which originally developed in the medical literature as a basis for allocating between physician and patient decisional authority regarding end-of-life treatment, is increasingly appearing in discussions regarding possible methods of containing medical costs by limiting treatment. This use of medical futility as a rationing mechanism, whether by a state Medicaid program or by a hospital, raises concerns regarding its impact on persons with severe disabilities near the end of life. This article considers how the applicability of the Americans with Disabilities Act to cost-conscious futility policies might be analyzed. After developing arguments that proponents and …