Monday, 10 January 2011
Transsexuals and the ADA
Zoe Brain
http://aebrain.blogspot.com/2011/01/transsexuals-and-ada.html (http://aebrain.blogspot.com/2011/01/transsexuals-and-ada.html)
From transhealth.com: Part 1 of an article exploring the explicit and specific targeting of trans people in the US legal system.
Parts 1-4 are in a separate PDF file Categorical Exclusions: Exploring Legal Responses To Health Care Discrimination Against Transsexuals K.Hong Columbia Journal of Gender & Law (2002) vol. 11: 88-126.
To date, the federal government has initiated two sweeping measures to protect patients who are denied health care for improper reasons. In 1965 Congress enacted the Medicaid Act to provide minimal medical care to lower-income individuals. One of its most important components prevents state legislatures from refusing treatment or reducing payment for a targeted or singled-out medically necessary condition. When a Medicaid recipient believes she is being unfairly denied medical treatment, she can turn to the federal courts to ensure that a state legislature's coverage of health conditions is based on proper medical and fiscal criteria.
--------
original article
Categorical Exclusions: Exploring Legal Responses To Health Care Discrimination Against Transsexuals
http://transhealth.transadvocacy.org/Insurance/trans-health_com%20Categorical%20Excls.htm (http://transhealth.transadvocacy.org/Insurance/trans-health_com%20Categorical%20Excls.htm)
This was originally published in the Columbia Journal of Gender and Law.
By Kari E. Hong
Copyright © 2002 by Columbia Journal of Gender and Law; Kari E. Hong
Introduction
I. Forms of Private Health Care Discrimination
II. Competing Legal Classifications of Transsexual Identity
III. Challenge to the Americans with Disabilities Act
IV. Conclusion