Know Your Rights
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Global Protection for Healthcare
Brief Notes from the Americans with Disabilities Act
The Affordable Care Act of 2009
The Patient Protection and Affordable Care Act (ACA) of 2009 was a landmark piece of legislation that significantly reshaped the American healthcare landscape. One of its primary objectives was to provide greater access to affordable health insurance, particularly for those with pre-existing conditions. For individuals living with diabetes, a chronic and often costly illness, the ACA offered a crucial layer of protection against exorbitant medical expenses.
One of the most significant benefits of the ACA for individuals with diabetes was the elimination of pre-existing condition exclusions. Prior to the ACA, insurance companies could often refuse coverage or charge exorbitant premiums to individuals with diabetes or other chronic conditions. This discriminatory practice left many people with diabetes facing the daunting prospect of being uninsured or underinsured, leaving them vulnerable to financial ruin in the event of a health crisis. By prohibiting insurance companies from denying coverage based on pre-existing conditions, the ACA ensured that individuals with diabetes could obtain health insurance without fear of discrimination.
In addition to eliminating pre-existing condition exclusions, the ACA also included provisions that helped to control the cost of healthcare for individuals with diabetes. These provisions included essential health benefits, which required health insurance plans to cover a comprehensive set of services, including prescription drugs, mental health services, and preventive care. For individuals with diabetes, who often require a combination of medications, supplies, and specialized care, these essential health benefits were essential for managing their condition without breaking the bank. Furthermore, the ACA’s out-of-pocket cost limits helped to protect individuals with diabetes from catastrophic medical expenses, ensuring that they would not be financially devastated by unexpected healthcare costs.
EEOC: Protection At Your Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. This document, which is one of a series of question-and-answer documents addressing particular disabilities in the workplace,3 explains how the ADA applies to job applicants and employees who have or had diabetes. In particular, this document explains:
- when an employer may ask an applicant or employee questions about her diabetes and how it should treat voluntary disclosures;
- what types of reasonable accommodations employees with diabetes may need;
- how an employer should handle safety concerns about applicants and employees with diabetes; and
- how an employer can ensure that no employee is harassed because of diabetes or any other disability.