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Rethinking the Americans with Disabilities Act’s Insurance Safe Harbor

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  • Valarie Blake

    (College of Law, West Virginia University, 101 Law School Drive, Morgantown, WV 26506-6130, USA)

Abstract

Despite the importance of access to healthcare for the disabled, the Americans with Disabilities Act (ADA) has made little inroads in reducing disability-based discrimination by health insurers in the United States. One reason is undoubtedly the ADA’s insurance safe harbor, which explicitly permits insurers to discriminate on the basis of disability in health insurance so long as the differential treatment is supported by actuarial data and is not just intended to disadvantage the disabled. While the safe harbor’s harms are somewhat limited by the advent of the Affordable Care Act (ACA), they are not entirely neutralized. This article argues that there are both practical and principled reasons for amending the ADA to remove the insurance safe harbor. Practically speaking, the ADA could prove a useful tool to challenge aspects of the ACA that place the disabled at a disadvantage, but the insurance safe harbor limits this reach in meaningful ways. From a more principled or philosophical lens, the insurance safe harbor is a law that perpetuates stigma against the disabled and that no longer reflects the views of American society. For these reasons, and many others, a rethinking of the ADA’s insurance safe harbor is necessary and timely.

Suggested Citation

  • Valarie Blake, 2017. "Rethinking the Americans with Disabilities Act’s Insurance Safe Harbor," Laws, MDPI, vol. 6(4), pages 1-14, November.
    • Handle: RePEc:gam:jlawss:v:6:y:2017:i:4:p:25-:d:117986
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    References listed on IDEAS

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    1. Hatzenbuehler, M.L. & Phelan, J.C. & Link, B.G., 2013. "Stigma as a fundamental cause of population health inequalities," American Journal of Public Health, American Public Health Association, vol. 103(5), pages 813-821.
    2. Liber, A.C. & Drope, J.M. & Graetz, I. & Waters, T.M. & Kaplan, C.M., 2015. "Tobacco surcharges on 2015 health insurance plans sold in federally facilitated marketplaces: Variations by age and geography and implications for health equity," American Journal of Public Health, American Public Health Association, vol. 105, pages 696-698.
    3. Phelan, Jo C. & Link, Bruce G. & Dovidio, John F., 2008. "Stigma and prejudice: One animal or two?," Social Science & Medicine, Elsevier, vol. 67(3), pages 358-367, August.
    4. Leslie Francis & Anita Silvers, 2017. "Reading Alexander V. Choate Rightly: Now is the Time," Laws, MDPI, vol. 6(4), pages 1-13, October.
    5. Miller, N.A. & Kirk, A. & Kaiser, M.J. & Glos, L., 2014. "The relation between health insurance and health care disparities among adults with disabilities," American Journal of Public Health, American Public Health Association, vol. 104(3), pages 85-93.
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