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LEGAL ISSUES FACING PEOPLE WITH DIABETES

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.

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LEGAL ISSUES FACING PEOPLE WITH DIABETES

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  1. 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

  2. Center for Diabetes Research and Policy www.iitdiabetes.org

  3. Diabetes Goes To School

  4. Federal Laws • 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”) President Bush signing the ADA Amendments Act of 2008 into law.

  5. What accommodations might a child with diabetes need during the school day? Question

  6. 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

  7. Some Problems • Some students are not allowed to carry diabetes supplies • Some students are not allowed to test blood glucose levels in the classroom • Some schools impose academic consequences for diabetes related absences • Some children are barred from attending field trips • Some parents are required to come to school to care for the child’s diabetes • Some schools are not providing a safe environment because of a lack of training and the unavailability of school personnel who could administer medication • Some children are missing a lot of time in class because they are required to report to the nurse to log blood glucose readings • Some teachers are scared to administer glucagon

  8. Nurse Practice Acts and School Nurses • 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

  9. State Specific Laws http://tinyurl.com/ADAStateLaws

  10. Delegated Care Aides “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 Act 105 Ill. Comp. Stat. 145/1 et seq.

  11. Training

  12. 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

  13. Participation in School and School-Related Activities “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

  14. Employment

  15. Applicable Laws • Americans with Disabilities Act and the Americans with Disabilities Act Amendments Act (ADA) • Family Medical Leave Act (FMLA) • State Human Rights Acts

  16. Resources • Can my boss do that? www.canmybossdothat.com • National Employment Lawyers Association (NELA) exchange.nela.org/findalaywer • Department of Labor Disability Resources http://www.dol.gov/dol/topic/disability/ada.htm

  17. Insurance

  18. Types of Insurance Public Insurance Medicaid Medicare Private Insurance Employer Plan Individually Purchased Marketplace Insurance Key Laws Affordable Care Act (ACA) Employee Retirement Income Security Act (ERISA) Kaiser Family Foundation, "Health Coverage Under the Affordable Care Act," 308JAMA2556 (2012).http://jama.jamanetwork.com/article.aspx?articleid=1487506

  19. Resources • Patient Advocate Foundation http://www.patientadvocate.org • Families U.S.A. http://www.familiesusa.org/ • Healthcare.gov https://www.healthcare.gov/families

  20. IllinoisResources 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

  21. Questions? Sarah Blenner (312)906-5393 sblenner@kentlaw.iit.edu Ed Kraus (312)906-5072 ekraus@kentlaw.iit.edu

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