Access to Medical Care for HIV-Infected Individuals Under the Americans With Disabilities Act: A Duty to Treat
American Journal of Law and Medicine. 1992; 18(3): 233-250.
In 1990, Congress enacted the Americans with Disabilities Act (ADA). This Note examines the legislative history of the ADA and uncovers Congress's intent to impose a duty on health care providers to treat people with disabilities unless an individual poses a "direct threat" to the health or safety of others. This Note posits that, with the passage of the ADA, Congress imposed a statutory duty on health care providers to give care to people infected with HIV who qualify under the statute. This Note concludes that while the "direct threat" exception may lessen the impact of the ADA, those infected with HIV should enjoy greater access to health care than ever before.
Aids; Access to Health Care; Consultation; Discrimination; Health; Health Care; Health Care Delivery; Health Facilities; HIV Seropositivity; Hospitals; Legal Aspects; Legal Liability; Legal Obligations; Liability; Occupational Exposure; Patient Care; Physicians; Referral and Consultation; Refusal to Treat; Rehabilitation; Risk; Social Discrimination;
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