legal issues facing people with diabetes
DESCRIPTION
LEGAL ISSUES FACING PEOPLE WITH DIABETES. Ed Kraus Clinical Professor Chicago-Kent College of Law Sarah Blenner Director, IIT Center for Diabetes Research and Policy. July 18, 2013. Monogenic Diabetes Family Forum, Chicago Marriott Downtown. Center for Diabetes Research and Policy. - PowerPoint PPT PresentationTRANSCRIPT
Ed KrausClinical ProfessorChicago-Kent College of Law
Sarah BlennerDirector, IIT Center for Diabetes Research and Policy
LEGAL ISSUES FACING PEOPLE WITH DIABETES
July 18, 2013Monogenic Diabetes Family Forum, Chicago Marriott Downtown
www.iitdiabetes.org
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CENTER FOR DIABETES RESEARCH
AND POLICY
DIABETES GOES TO SCHOOL
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Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“Section 504”)
Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008, 42 U.S.C. § 12101 et seq. (“ADA”)
Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. § 1400 et seq. (“IDEA”)
FEDERAL LAWS
President Bush signing the ADA Amendments Act of 2008 into law.
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Question
WHAT ACCOMMODATIONS
MIGHT A CHILD WITH DIABETES NEED
DURING THE SCHOOL DAY?
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Blood Glucose Monitoring Administration of Insulin Administration of Glucagon Testing Accommodations Make-Up Work and Note Taking
Access to Water Access to Bathrooms Lunch, Snacks, and Counting Carbohydrates Field Trips Location of Supplies Training Responsible Personnel
ANSWER
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1. Some students are not allowed to carry diabetes supplies2. Some students are not allowed to test blood glucose levels in
the classroom3. Some schools impose academic consequences for diabetes
related absences4. Some children are barred from attending field trips5. Some parents are required to come to school to care for the
child’s diabetes6. Some schools are not providing a safe environment because of
a lack of training and the unavailability of school personnel who could administer medication
7. Some children are missing a lot of time in class because they are required to report to the nurse to log blood glucose readings
8. Some teachers are scared to administer glucagon
SOME PROBLEMS
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Some nurse practice acts require that school nurses administer medication to students
School nurses may be the most appropriate to care for a student with diabetes, but a nurse is not always available
Most states have school nurse-to-student ratios that fall short of federal goals
Many schools do not have adequate school nurses on staff
NURSE PRACTICE ACTS AND SCHOOL NURSES
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STATE SPECIFIC LAWS
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http://tinyurl.com/ADAStateLaws
“A school employee who has agreed to receive training in diabetes care and to assist students in implementing their diabetes care plan and has entered into an agreement with a parent or guardian and the school district or private school.”
-Illinois Care of Students with Diabetes Act105 Ill. Comp. Stat. 145/1 et seq.
DELEGATED CARE AIDES
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TRAINING
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SELF-MANAGEMENT
Fewer restrictions on self-care behaviors associated with better diabetes management
Lack of flexibility in self-care correlates with poor diabetes maintenance and anxiety
State specific laws can encourage student self-management and permit students to carry diabetes supplies
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“A school district shall not restrict the assignment of a student with diabetes to a particular school on the basis that the school does not have a full-time school nurse, nor shall a school deny a student access to any school or school-related activities on the basis that a student has diabetes.”
Illinois Care of Students with Diabetes Act, 105 Ill. Comp. Stat. 145/35
PARTICIPATION IN SCHOOL AND SCHOOL-RELATED ACTIVITIES
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EMPLOYMENT
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Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act (ADA)
Family Medical Leave Act (FMLA)
State Human Rights Acts
APPLICABLE LAWS
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Can my boss do that?www.canmybossdothat.com
National Employment Lawyers Association (NELA)exchange.nela.org/findalaywer
Department of Labor Disability Resourceshttp://www.dol.gov/dol/topic/disability/ada.htm
RESOURCES
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INSURANCE
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Public Insurance-Medicaid-MedicarePrivate Insurance-Employer Plan-Individually Purchased -Marketplace InsuranceKey Laws-Affordable Care Act (ACA)-Employee Retirement Income Security Act (ERISA)
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TYPES OF INSURANCE
Kaiser Family Foundation, "Health Coverage Under the Affordable Care Act," 308 JAMA 2556 (2012). http://jama.jamanetwork.com/article.aspx?articleid=1487506
Patient Advocate Foundationhttp://www.patientadvocate.org
Families U.S.A.http://www.familiesusa.org/
Healthcare.govhttps://www.healthcare.gov/families
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RESOURCES
Health Care Assistance, Office of the Attorney General
Office of Consumer Health Insurance and the Ombudsman for the Uninsured, Illinois Department of Insurance
Office of Health Care Access CAREline,Chicago Department of Public Health
Senior Health Insurance Program (SHIP), Illinois Department of Insurance
ILLINOISRESOURCES
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