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Kaiser Daily Health Policy Report

Administration News | President Bush Signs Legislation To Expand Protections Under Americans With Disabilities Act
[Sep 26, 2008
http://www.kaisernetwork.org/daily_r...fm?DR_ID=54684

President Bush on Thursday signed legislation that expands protections under the Americans with Disability Act, the AP/Kansas City Star reports (AP/Kansas City Star, 9/25). Lawmakers introduced the legislation in response to a series of Supreme Court decisions that limited the scope of ADA, which took effect in 1990. In cases heard in 1999 and 2002, the Supreme Court ruled that individuals who could compensate for their disabilities with medications, medical devices or prosthetics did not qualify for protection under ADA.

The legislation states that the Supreme Court erred by "eliminating protection for many individuals whom Congress intended to protect" under ADA. In addition, the legislation states that courts should not consider the effects of "mitigating measures" -- such as medications, hearing aids, and artificial limbs -- in the determination of a disability, and that "an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active" (Kaiser Daily Health Policy Report, 9/18).

Editorial
The enactment of the legislation marks a "big day for millions of Americans" who will benefit from the expansion of protections under ADA...

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