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Health Law and Policy

Case Western Reserve University School of Law

Journal

Americans with Disabilities Act

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore Jan 2018

Screening Older Physicians For Cognitive Impairment: Justifiable Or Discriminatory?, Ilene N. Moore

Health Matrix: The Journal of Law-Medicine

In the U.S., one out of eight practicing physicians is older than sixty-five, and many practice well into their seventies. Many commentators and healthcare organizations, concerned that aging physicians are at risk for cognitive impairment, have urged, or actually instituted, cognitive "screening" for older physicians as a means to ensure patient safety. An age-based screening program, however, should not proceed unless supported by clear evidence and not prohibited by law. This article argues that neither of these conditions applies. Singling out all older physicians for cognitive testing is empirically unjustified and legally prohibited. Furthermore, there are other means to reliably …


The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos Jan 2017

The Eeoc, The Ada, And Workplace Wellness Programs, Samuel R. Bagenstos

Health Matrix: The Journal of Law-Medicine

The article focuses on the role of Equal Employment Opportunity Commission (EEOC) and Americans with Disabilities Act (ADA) in workplace wellness programs in the U.S.