Perspective               

Americans with Disabilities Act

The Supreme Court recently ruled in two cases that the Americans with Disabilities Act generally does not protect people with poor eyesight or other conditions that can be corrected with medication or devices such as eyeglasses. The Americans with Disabilities Act is a 1990 law that makes it illegal to discriminate against people with disabilities. Because of this law, public buildings must be accessible by wheelchair, and employers cannot discriminate against a qualified person with a disability.

Since the law was passed, there have been over 700 court cases to determine the definition of "disability." In most cases, employers have won and the definition has remained fairly narrow. This means that not all Americans with disabilities are, in fact, protected by the law.

If you are on Medicare because you have a disability, make sure you know your rights. You have the same rights to quality, affordable health care as everyone else in Medicare. And if you want to join an HMO, no Medicare HMO can deny you membership because you are disabled, except if you have End Stage Renal Disease. And if you are under 65 and disabled, there is a new bill in Congress that would allow you to go back to work without losing your Medicare or Medicaid.

For more information on your Medicare rights, call your State Health Insurance Assistance Program, or SHIP. The number is listed in the back of the Medicare & You which was sent to people on Medicare. You can also get a copy by calling 1-800-MEDICARE. Or call your Senator or Congressperson. They should have staff who can help you.

 

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