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  • Title: 6th Circuit: insurance policies are not covered by the ADA.
    Journal: AIDS Policy Law; 1997 Aug 22; 12(15):1, 8-9. PubMed ID: 11364590.
    Abstract:
    The 6th U.S. Circuit Court of Appeals ruled that Title III of the Americans with Disabilities Act (ADA) does not cover the products that an insurer offers. The ADA only covers the physical premises of an insurance company. The court also ruled that the ADA does not mandate equality in employer-provider insurance coverage between people with varying types of disabilities. According to the court, the ADA only requires that all eligible employees be able to enroll in the plan. The case was brought by [name removed], a former employee of Schering-Plough Corporation, who complained that the long-term disability plan sponsored by the company and operated by Metropolitan Life Insurance Company, violated the ADA. The plan limited mental illness disability benefits to two years but did not place a similar cap on physical conditions. The ruling, binding in Tennessee, Kentucky, Ohio, and Michigan, contradicts earlier opinions which held that insurance products are subject to Title III of the ADA. The ruling states that Title III does not control the content of a long-term disability policy offered by an employer. Previous precedents set by the 1st Circuit Court in 1994 that had been viewed as protecting persons living with AIDS (PWAs) from discrimination in insurance programs and products were rejected by this ruling.
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