Unequal Rights: Discrimination against People with Mental Disorders

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Editorial Reviews

An examination of discrimination against people with psychiatric disabilities and the impact of antidiscrimination laws on their lives, particularly as applicable to matters regarding insurance, child custody, institutionalization, and professional education and discipline. Stefan (law, University of Miami) considers free adults (text does not study children or prisoners) of varying levels of mental impairment, from "functional" authors and politicians who find their struggles minimized or not believed, to institutionalized individuals who are considered useless. For attorneys, therapists and people with mental disabilities. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781557986818
  • Publisher: American Psychological Association
  • Publication date: 1/28/2001
  • Series: Law and Public Policy Series
  • Edition description: 1 ED
  • Edition number: 1
  • Pages: 405
  • Product dimensions: 7.38 (w) x 10.37 (h) x 1.27 (d)

Table of Contents

Acknowledgements ix
Introduction xi
Chapter 1. The Landscape of Discrimination Today 3
Prevalence of Discrimination Against People With Psychiatric Disabilities
Discrimination in Everyday Life
Discrimination by the State: A Sample of Statutes and Practices
Chapter 2. Images of Mental Illness 37
Legal Images of Psychiatric Disability
Medical Images of Mental Illness: Diagnoses
Two Worlds: The Social Paradigm of "Cripples" and "Overcomers" Among People With Psychiatric Diagnoses
Chapter 3. Disability Benefits or Disability Rights? 73
Disability Benefits as Undermining the Right to Equal Protection
The History of Federal Laws Relating to People With Disabilities
Chapter 4. The Americans With Disabilities Act and Its Impact on Mental Health Systems 99
Challenges to the Constitutionality of Title II of the ADA
Testimony Before Congress on the ADA and Mental Health Systems
The ADA's Prohibition of Unnecessary and Improper Institutionalization
Other Claims Against Institutions Under the ADA
Civil Commitment, Segregation, and the ADA
Mental Health Courts and the ADA
Discrimination in the Community
Right to Refuse Treatment and the ADA
Determinations of Competence, Treatment Decisions, and Disability Discrimination Law
Chapter 5. Discrimination in the Delivery of Services to People With Psychiatric Disabilities 193
Discrimination in the Provision of Health Care Services
Medicaid and the ADA
People With Different Disabilities
Welfare and General Assistance Programs
Workers' Compensation
Vocational Rehabilitation
Chapter 6. Private Insurance and the Americans With Disabilities Act 249
Summary of Insurance Practices
Applicability of the ADA to Insurance Practices
Litigation Involving Insurance Discrimination Against People With Psychiatric Disabilities
Chapter 7. Professional Education, Licensing, and Discipline 307
Legal Issues of Relevance to Professionals
The Practice of Medicine and Law
Conclusion: From Segregation to Transformation 347
Appendix A Survey 355
Appendix B Statutes Providing Disability Rights and Benefits 359
Table of Authorities 369
Index 395
About the Author 405
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