Can an employer refuse to hire someone who tests positive for nicotine or alcohol? Can an airline or movie theatre require overweight customers to purchase two seats? Can a health insurance company refuse to sell policies to those most in need of medical care? Can the government condition public assistance on wellness program participation or work activity? In this illuminating book, Jessica L. Roberts and Elizabeth Weeks consider these and similar questions, offering readers a nuanced analysis of when and why discrimination based on health status - or 'healthism' - should be allowed, and when it should not. They provide a methodology to distinguish desirable health-based classifications from the undesirable, and propose law and policy solutions to encourage the former and limit the latter. This work should be read by anyone concerned with how government does - and does not - regulate based on health.
Part I. Introduction -- How Historic Civil Rights Acts and the Affordable Care Act Section 1557 Apply to Health Care Entities -- Race, Color, and National Origin Discrimination -- Sex Discrimination -- Disability Discrimination -- Age Discrimination -- Communication Disabilities and Non-English Speakers -- The Affordable Care Act Section 1557 and the Federal Financial Assistance Civil Rights Acts: Entities Covered, Administrative Obligations, and Enforcement -- Part II. The Mental Health Parity and Addiction Equity Act: Overview of the Federal and State Mental Health Parity Laws -- The Mental Health Parity and Addiction Equity Act (MHPAEA) -- Part III. Federal Discrimination Law and Commercial Health Insurance, Coverage, and Benefits -- Discrimination Laws for Federal Health Programs and Benefits