JAN 27 1995

The Honorable Corrine Brown Member, U.S. House of Representatives 75 Ivanhoe Boulevard Chamber of Commerce Orlando, Florida 32802 Dear Congresswoman Brown: This is in response to your inquiry on behalf of your constituent, XX , regarding the application of the Americans with Disabilities Act (ADA) to insurance. The ADA prohibits discrimination on the basis of disability by places of public accommodation, including service establishments such as insurance companies. Therefore, an insurance company may be prohibited by the ADA from discriminating on the basis of disability in making decisions to grant or deny coverage, and in setting rates for types of coverage. An insurance company will not, however, be prohibited by the ADA from administering its benefit plan in accordance with State insurance laws. 28 C.F.R. 36.212. Therefore, State law may also play a significant role in the determination of an insurance company's duties regarding individuals with disabilities, but such State law may not be used as a subterfuge to evade the purposes of the ADA. I hope this information will be helpful to you in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General

Civil Rights Division 01-03593

10-5-94 Honorable Bill McCollum 605 E Robinson - Suite 650 Orlando FL 32801 Dear Congressman McCollum, I am writing you for the purpose of seeking your assistance in the area of disability discrimination. I was diagnosed with Agoraphobia by my Doctors in May. I was told that I would never work again because my condition was chronic & was a chemical imbalance of the brain. My Doctors told me that my condition was of a biological nature & not a mental state. I took my disability believing that I would be compensated by my Long Term Disability Program. I was later informed by my Ins company that my condition was coded mental not physical & that I would only received benefits for 24 months.

01-03594

-2-

As a mgr. with a Fortune 500 company, my income was considerable, but my problem got worse & I had to take my disability, but my life has been turned around because of this discrimination. My belief is that if you are disabled, you are disabled, regardless of the status In 24 months I will be cut off by my Ins company and will loose everything that I have worked so hard & long to achieve. I will not be able to function in society & the job market because of my disability.

The Ins company stated to me that my company opted to put this limitation in the policy because of "higher premiums" that would have to be paid to cover mental/nervous disorders - It is simply a money thing with Ins co but people like me lives are being ruined because of "so called mental problems" are treated in a second class situation & are not recognized as being just as disabling as physical problems -

01-03595

-3-

Mr. Congressman, this discrimination must change. People are being hurt & lives are being destroyed because of higher premiums on Ins policies in lieu of peoples well fair.

I was told by the E.E.O.C. in Washington that this problem is being addressed and the discrimination may be changed in the future I spoke with: Kathleen Courtney - Attorney of the Day - E.E.O.C. in Washington on 10/4/94 pH: 202-663-4652. I am a Vietnam veteran that needs the assistance of my congressman to help me & people like me, to overcome this blanton act of discrimination who suffer from a real problem, just the same as people with physical disabilities. Thanking you in advance for your consideration in this very important matter. We need your support to give us equality in our lives.

Sincerely, XX Apopka, Fl 32712 XX

01-03596