ADA - A Little Used Tool to Remedy Nursing Home Discrimination

Date

1997

Authors

Schneider, Elizabeth K.

Journal Title

Journal ISSN

Volume Title

Publisher

University of Toledo Law Review

Abstract

This article demonstrates not only that the Americans with Disabilities Act of 1990 covers nursing homes, but also that its potential for combating discrimination based on disability needs to be explored more fully. Beginning with a discussion of the ADA provisions applicable to nursing homes and individuals covered by the Act, this article then reviews the relationship between the ADA and section 794 of the Rehabilitation Act of 1973. Because nursing homes must also comply with the federal Nursing Home Reform Act that was passed as part of OBRA-878 and state licensure requirements, this article also includes a review of the relevant sections of that legislation. Finally, this article provides specific examples in which the ADA can be used to prevent discrimination in nursing homes, particularly discrimination against residents with infectious diseases or suffering from dementia.

Description

Keywords

Americans with Disabilities Act of 1990, Nursing homes, Rehabilitation Act of 1973, Discrimination, Nursing Home Reform Act

Citation

28 U. Tol. L. Rev. 489