Islets of Hope  diabetes discrimination, insurance coverage and the law

islets of hope home buttondiabetes resourcesbutton diabetes education rightsbutton diabetes statisticsbutton diabetes insurance information

Unprecendent Class Action Civil Rights Complaint

Children with Diabetes Sues CA School Districts for Denial of Glucose Monitoring and Insulin Administration At Schools


How can you tell if  a school is discrimi- nating against your child with diabetes?
According to Cynthia Halvorsen, RN (June 1999 ,
Diabetes Health Magazine ) you should make a fuss if your child's school:

1. Limits trips to the bathroom or water fountain.

2. Forces your child to go to the office to treat hypoglycemic reactions.

3. Sends your child home alone because of low blood sugar.

4. Schedules lunch at 10:20 a.m., when school starts at 8 a.m..

5. Forces your child to go to the office to test blood sugars

6. Insists that gym class has to be immediately before lunch.

7. Insists that hypoglycemia will not negatively impact cognitive function.

8. Denies the child's right to keep a glucose meter in the classroom.

9. Denies permission to carry glucose tablets, labeling them as contraband, either as medicine or as candy.

10. Insists that the only inter- vention for a diabetic medical emergency allowed is calling 911.


Diabetes Friendly Schools
Schools that Discriminate

diabetes legal information education and daycare facility laws                   Disclaimer

Ask the Lawyer
Submit a Question



Diabetes can often raise legal issues in addition to health issues, particularly concerning a health insurer’s responsibilities.  If you are the parent of a diabetic child, you are likely to face another set of challenges concerning the care your child needs and receives while they are in school.  IOH can help. Use our “ask a lawyer” page to post questions that a lawyer might be in the best position to answer.  We’ll submit the questions to a lawyer, and post the answers.

Jeffrey I. Ehrlich with his daughter, Elizabeth (type 1)

The lawyer, Jeffrey Isaac Ehrlich, is a cum laude graduate of the Harvard Law School, and is certified by the State Bar of California as an appellate specialist.  He has argued appeals in the United States Supreme Court, the majority of the United States Circuit Courts, and in the appellate courts throughout  California.  His practice emphasizes the rights of insurance policyholders to receive insurance benefits, and particularly the rights of people with health insurance to receive the medical care they are entitled to.


 

The Ehrlich Law Firm   Diabetes insurance coverage specialists

Have trouble with an HMO or insurance company?

 

If you live in California and need legal assistance in getting your diabetes supplies or care covered, or face discrimination at school or the workplace The Ehrlich Law Firm may be able to help.  Mr. Ehrlich is the parent of a child with type 1 diabetes and understands first-hand the unique legal and personal challenges of diabetes that you may be facing.

Legal Resource Information Links
Diabetes Discrimination & Legal Resources
Insurance Laws
Laws & Policies for Traveling with Diabetes
Medical Research & Ethics Laws
Main IOH Legal Section

   

 

Questions Archive

Are private religious schools required by law to accept diabetic students?  No, not unless they receive government funding.

Question from A woman from Pennsylvania:

...I have health insurance through my employer. A state mandate is in place for coverage of Diabetic Supplies. The insurance company will only cover 50% of my daughter's pump supplies - classifying them as DURABLE MEDICAL.  The fine line comes in because - they are "covering" them. I have tried many avenues, to no avail. I have even writen to 2 legislators. I have contacted many government agencies, and filed a complaint with the PA insurance department....

Legislative Highlights

States that have enacted diabetes health insurance coverage laws:

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Federal & State Laws Protecting Children & Adults with Diabetes in:

Public Schools
Private Schools
Day Care Centers
Colleges & Universities
Workplace

Contact Us  |  About IOH  |  Our Mission  |  Elizabeth's Story  |  About the Founder  |  Join IOH  |  How To Help  |  Advertise  |  Privacy Statement |  Site Index  |

Disclaimer

“Ask the Lawyer” is a free service of Islets of Hope, which is intended to provide general information relating to insurance and civil rights issues that diabetics are likely to face.  Because the questions and the answers are posted on the site, please do not include anything in your post that you consider confidential.  The information appearing on this website is of a general nature and does not constitute legal advice or opinions concerning a specific situation. Submitting a question on line, sending an e-mail, or viewing the information on this site does not create an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from a licensed attorney.

Page Updated 10/25/2006