# 51 December 31, 1992 II-3.

3000

DJ# 192-T2-00026

XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXX XXXXX RE: Complaint Number XXXXXXXXXXXX Dear Ms. XXXXXX: This letter responds to the complaint you filed against the California State Department of Corporations, alleging discrimination on the basis of disability. Your complaint was forwarded to us by the U.S. Department of Health and Human Services, Office for Civil Rights, because the Department of Justice is the agency responsible under title II of the Americans with Disabilities Act of 1990 (ADA) for investigating this complaint. Your complaint alleges that the California Health and Safety Code discriminates against individuals with mental impairments by failing to require health insurance plans to continue coverage of dependent children with mental impairments, other than mental retardation, beyond the limiting age for dependent children specified in the policy, while requiring such continued coverage for children with mental retardation or physical handicaps. The Civil Rights Division has completed its review of this issue and has determined that the California State Department of Corporations is not in violation of title II of the ADA for the reasons explained below. Title II prohibits public entities from enforcing regulatory requirements that would require private entities to discriminate against individuals with disabilities. However, title II generally permits State and local governments to provide

benefits to certain classes of individuals with disabilities that they do not provide to individuals with different disabilities. 28 C.F.R. { 35.130(c). Where a benefit is limited to a particular class of individuals with particular types of disabilities (here, those with mental retardation and physical disabilities), discrimination is determined by comparing the treatment of all individuals with disabilities to the treatment provided to similarly situated individuals without disabilities. In this case, adult children without disabilities are not eligible for continued coverage under their parents' health insurance policies. In addition, adult children with mental impairments other than mental retardation are also ineligible for continued coverage. Therefore, the situation you have raised does not constitute discrimination under the Americans with Disabilities Act. Please be advised that your right to file a complaint is protected by Federal law. A State or local government may not intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone who has either taken action or participated in an action to secure rights protected by the ADA. If at any time you feel you are being harassed or intimidated because of your dealings with the Department of Justice, we urge you to let us know immediately. This office would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy. This letter constitutes our letter of findings with respect to your allegations of discrimination in your administrative complaint. If you are dissatisfied with our determination, you may file a private complaint in the United States District Court. Sincerely,

Stewart B. Oneglia Chief

Coordination & Review Section Civil Rights Division cc: California State Department of Corporations