JUN 17 1993

XXXXXXXXXXXx Sherman, Texas 25090

(b) (6)


This letter is in response to your inquiry about whether developmentally disabled children are protected by the Americans with Disabilities Act of 1990 (the "ADA"), and if so, whether it prevents discrimination by companies that provide health insurance. I apologize for the delay in our response. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA's requirements. However, it does not constitute a legal interpretation or legal advice, and it is not binding on the Department of Justice. Your letter inquires first about whether children with developmental disabilities are considered individuals with disabilities and are covered by the ADA. Under the ADA, the definition of "disability" includes any physical or mental condition that substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, learning, or working. Thus, it appears that the mental or physical condition of your XX would be considered a disability within the meaning of the ADA, and that they would be entitled to its protections against discrimination. You correctly point out in your letter that in providing goods and services, public accommodations may not discriminate on the basis of disability. With respect to the purchase of insurance, the ADA allows insurance companies to charge more for insurance, or to refuse to insure someone with a disability, only if the higher charges or refusal to provide coverage is based on sound actuarial data and principles, and not on speculation. Thus, while the ADA does provide some protection for individuals

with disabilities in their dealings with insurance companies, it does not prohibit the use of legitimate actuarial considerations. cc: Records, Chrono, Wodatch, Bowen, Breen, Contois, Friedlander, FOIA Udd:Contois:PL: 01-02406

-2The laws of your State may provide different or additional protections for your children, and you may want to inquire with the appropriate State officials in Texas. Enclosed for your information is a copy of the Department of Justice's Technical Assistance Manual for title II of the ADA. It discusses the definition of disability on pages 8-10, and the requirements applicable to insurance companies on pages 18- 19. I hope this information is useful to you in understanding the requirements of the ADA. Sincerely,

John L. Wodatch Chief Public Access Section Enclosure Title III Technical Assistance Manual 01-02407

CIVIL RIGHTS DIVISION PUBLIC ACCESS SECTION Office of the American Disability Act Civil Rights Division U.S. Department of Justice I received a Title III highlights outline and it's somewhat vague and I could use some interpretation assistance. My situation is this. I am xx employed and have been for xx. (b)(6) Prior to that I was an employee for a company that was sold. Upon my termination I selected xx coverage for myself and my family. My family consists of XXX boys xx who are developmentally delayed. At we must still feed, dress, etc the boys. One is only starting to walk and neither can talk. However we have not been able to get a diagnosis on the boys. No name for what they have. All the doctors say we will just have to wait for them to progress. Because of this I would assume they are considered individuals with Disabilities. Now the problem my xx coverage is about to expire and every insurance company I have contacted refuses to write health insurance coverage on the boys. Why? Because they do not know what they have. Are they not being discriminated against? Under eligibility for Goods and Services as you outline it is stated: In providing goods and services, a public accommodation may not use eligibility requirements that exclude or segregate individuals with disabilities under the requirements are "necessary" for the operation of the public accommodation. 01-02408​ If the boys are not covered under this act for the xx issuance of health Insurance, is there any other

area that would help. If not - why not? I know we are not the only ones that have this problem. Your assistance would be greatly appreciated. Respectively xxxxxxx (b) (6) Sherman Texas 25090 01-02409