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- Americans with Disabilities Act (2)
- Disability rights (2)
- ADA (1)
- Civil Rights Act of 1964 (1)
- Contingent workers (1)
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- Cost-conscious futility policies (1)
- Disability (1)
- Disability discrimination law (1)
- End-of-life treatment (1)
- Fair Labor Standards Act (1)
- Family and Medical Leave Act of 1993 (1)
- Federal antidiscrimination law (1)
- Health care (1)
- Health care rationing (1)
- Hospitals (1)
- Medicaid (1)
- Medical (1)
- Medical futility (1)
- Pregnancy Discrimination Act (1)
- State and local antidiscrimination law (1)
- Title VII (1)
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Disability Law
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Health Care Rationing And Disability Rights, Philip G. Peters Jr.
Faculty Publications
This article explores the extent to which federal disability rights law limits the use of effectiveness criteria to allocate health care, either alone or as a part of cost-effectiveness analyses. To be more precise, it considers the circumstances in which disability-based classifications by health plans which would otherwise violate the anti-discrimination laws can be legally and ethically defended by proof that the excluded treatments are less effective than those which are provided. Part I introduces the expanding use of effectiveness analysis in health care, explains its discriminatory potential, and reviews the Oregon experience. Part II outlines the current federal law …
Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub
Doctors, Aids, And Confidentiality In The 1990s, 27 J. Marshall L. Rev. 331 (1994), Sheila Taub
UIC Law Review
No abstract provided.
Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton
Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton
Publications
No abstract provided.
Medical Futility And Disability Discrimination, Mary Crossley
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 …