Laws & Regulations

Information from the U.S. Department of Labor concerning sections of the ADA that prohibit discrimination in employer-provided health insurance.

The Centers for Medicare & Medicaid Services (CMS) has withdrawn a proposed rule entitled Medicaid Program; Coverage for Rehabilitative Services (72 FR 45201) that was published in the Federal Register on August 13, 2007. This rule proposed to amend the definition of Medicaid rehabilitative services to include a requirement for a person-centered written rehabilitation plan and maintenance of case records. The notice of withdrawal of this proposed rule will be published in the Federal Register on November 23, 2009. Questions about the withdrawal notice should be directed to the CMS Office of Legislation.

Provides information about CHIPRA (Public Law 111-3), which reauthorized the Children's Health Insurance Program (CHIP) through FY 2013. CHIPRA maintains health coverage for the millions of children who rely on CHIP and provides resources for states to reach millions of additional uninsured children. A fact sheet on CHIPRA is available from the Kaiser Family Foundation.

Report from the National Council on Disability regarding the Civil Rights of Institutionalized Persons Act, which was passed in 1980 to enable the Department of Justice (DOJ) to protect the rights of people residing in state institutions.

Information on accessibility guidelines, disability resources and how to file a complaint.

Discussions of evaluating and choosing a facility, generating family consensus, resident rights, and dispute resolution in nursing home selection.

This document provides the U.S. Equal Employment Opportunity Commission's (EEOC) position under the Americans with Disabilities Act (ADA) on pre-employment disability-related questions and medical examinations.

The U.S. Equal Employment Opportunity Commission (EEOC) has revised its Equal Employment Opportunity is the Law poster. This new version shows current federal employment discrimination law, including the Americans with Disabilities Act Amendments Act of 2008. The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008 which is effective November 21, 2009. The new poster can be downloaded in PDF format.

Proposed regulations implementing section 411 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act), which substantially amends the Fair Credit Reporting Act with a new section restricting the circumstances under which consumer reporting agencies may furnish consumer reports that contain medical information about consumers.

Provides a brief overview of 11 federal laws that protect the rights of people with disabilities and provides information about the federal agencies to contact for more information.

Information on how to file a complaint if you have been discriminated against by a state or local social services, by a health services agency or by a hospital receiving federal funds.

Information on how HIPAA regulations affect practices for community treatment providers, consumers, single state agencies, public and private payers of alcohol, substance abuse and mental health services and professional and trade associations.

Fact sheet providing information regarding the rights of employees who are injured or disabled under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

Fact sheet on Title IV of the American Recovery and Reinvestment Act of 2009, which provides opportunities for the Department of Health and Human Services, its partner agencies and states to improve the nation's health care through HIT by promoting the use of electronic health records (EHR).

Information on the MHPA, which provides regulations regarding mental health benefits under group health plans.

The Departments of Health and Human Services, Labor and the Treasury today jointly issued new rules providing parity for consumers enrolled in group health plans who need treatment for mental health or substance use disorders. The new rules prohibit group health insurance plans, typically offered by employers, from restricting access to care by limiting benefits and requiring higher patient costs than those that apply to general medical or surgical benefits. The rules implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).

U.S. Equal Employment Opportunity Commission (EEOC) guidance on enforcing ADA provisions as they relate to psychiatric disabilities.

On November 21, 2009 Title II of the Genetic Information Nondiscrimination Act (GINA) took effect. GINA prohibits discrimination by health insurers and employers based on individuals' genetic information. Genetic information includes the results of genetic tests to determine whether someone is at increased risk of acquiring a condition (such as some forms of breast cancer) in the future, as well as a person's family medical history. For more information about Title I provisions of the law relating to health coverage visit The Genetic Information Nondiscrimination Act of 2008: Information for Researchers and Health Care Professionals.

A brief outline of aspects of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 related to employees and drug and alcohol abuse.

You have privacy rights under a federal law that protects your health information. These rights are important for you to know. You can exercise these rights, ask questions about them, and file a complaint if you think your rights are being denied or your health information isn¿t being protected. This link opens a PDF document.

Fact sheet from the Department of Health and Human Services on the rights of people with disabilities under Section 504 of the Rehabilitation Act and the ADA. This link opens a PDF document.