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Civil Rights Division

T. 12/30/92
SBO:MAF:EK:SK:jfh
DJ# XX
Coordination and Review Section
P.O. Box 66118
Washington, D.C. 20035-6118

(b)(6) (STAMP) DEC 31 1992


XX
XXX
XXXX
RE: Complaint Number XX

Dear Ms. XX

This letter responds to the complaint you filed against the


California State Department of Corporations, alleging
discrimination on the basis of disability. Your complaint was
forwarded to us by the U.S. Department of Health and Human
Services, Office for Civil Rights, because the Department of
Justice is the agency responsible under title II of the Americans
with Disabilities Act of 1990 (ADA) for investigating this
complaint.

Your complaint alleges that the California Health and Safety


Code discriminates against individuals with mental impairments by
failing to require health insurance plans to continue coverage of
dependent children with mental impairments, other than mental
retardation, beyond the limiting age for dependent children
specified in the policy, while requiring such continued coverage
for children with mental retardation or physical handicaps.
The Civil Rights Division has completed its review of this issue
and has determined that the California State Department of
Corporations is not in violation of title II of the ADA for the
reasons explained below.

Title II prohibits public entities from enforcing


regulatory requirements that would require private entities to
discriminate against individuals with disabilities. However,
title II generally permits State and local governments to provide
benefits to certain classes of individuals with disabilities that
they do not provide to individuals with different disabilities.
28 C.F.R. 35.130(c). Where a benefit is limited to a
particular class of individuals with particular types of
disabilities (here, those with mental retardation and physical
disabilities), discrimination is determined by comparing the
treatment of all individuals with disabilities to the treatment
provided to similarly situated individuals without disabilities.

cc: Records CRS Friedlander Keenan Kaltenborn djh


udd:Keenan. XX .LOF

01-01823

-2-

In this case, adult children without disabilities are not


eligible for continued coverage under their parents' health
insurance policies. In addition, adult children with mental
impairments other than mental retardation are also ineligible for
continued coverage. Therefore, the situation you have raised
does not constitute discrimination under the Americans with
Disabilities Act.

Please be advised that your right to file a complaint is


protected by Federal law. A State or local government may not
intimidate, threaten, coerce, or engage in other discriminatory
conduct against anyone who has either taken action or
participated in an action to secure rights protected by the ADA.
If at any time you feel you are being harassed or intimidated
because of your dealings with the Department of Justice, we urge
you to let us know immediately. This office would investigate
such a complaint if the situation warrants.

Under the Freedom of Information Act, it may be necessary to


release this document and related correspondence and records upon
request. In the event that we receive such a request, we will
seek to protect, to the extent provided by law, personal
information which, if released, could constitute an unwarranted
invasion of privacy.

This letter constitutes our letter of findings with respect


to your allegations of discrimination in your administrative
complaint. If you are dissatisfied with our determination, you
may file a private complaint in the United States District Court.

Sincerely,
Stewart B. Oneglia
Chief
Coordination & Review Section
Civil Rights Division

cc: California State Department


of Corporations

01-01824

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