The ADA, or Americans with Disability Act, and the MHPA, or Mental Health Parity Act, works to help protect the rights of all disabled individuals during all parts of their lives and with insurance that they receive at their place of employment. They were created because of discrimination against individuals who have disabilities, which made their lives unfairly difficult and prevented their having the same basic services that all individuals enjoy. In particular, the MHPA was created to prevent any employer from distinguishing a difference between physical and mental benefits in an insurance plan and to prevent the individual from receiving benefits on one or both of the offered items. While it does not ensure health coverage, it does make sure that the scope of the insurance is not reduced because the employer wishes it to be reduced.
Any individual who works at a place of employment is entitled to the same insurance and other benefits, which are offered to all employees, regardless of their situation or conditions. Some mentally disabled individuals are finding their insurance coverage reduced because the employer does not wish to have to pay more for the disabled individual than he does or she does for the rest of his or her employees. Employers do not have a right to do this as is specified in the ADA requirements concerning the rights of all disabled individuals no matter what the situation is. If the individual is hired, he or she is entitled to all of the exact same benefits as everyone else.
Many disabled individuals work very hard in order to overcome their disabilities and turn the disabilities into strengths. They also work very hard at their education in most instances where it is possible to do so and try to obtain the best possible place of employment that they can. These individuals do have rights concerning insurance to help cover any current medical problems that the individual is having. Although some employers try to waive this, they are nonetheless are required by employment laws to provide insurance if all other employees are receiving insurance as well.
If a disabled employee believes that he or she is not being given the same coverage as everyone else based on his or her circumstances, he or she does have the right to report this situation to the employer. If the employer is unwilling to make any changes and to give him or her the same rights as all of the other employees, he or she will be held accountable by law as the ADA and MHPA state legally that the employer is required to do so by law. If necessary, the disabled individual can consult a lawyer over his or her concerns regarding whether or not he or she is receiving the same medical coverage as other employees are.
| If you're being treated unfairly due to a disability, consult with an attorney near you to discuss your options. |