XX


                                            DEC 9 1993


XX
XX          (b)(6)
ICELAND


Dear XX

     This is in response to your letter inquiring whether your
daughter would be able to receive health and life insurance at a
premium no higher than children who do not have disabilities. We
apologize for the delay in responding.

     Title III of the Americans with Disabilities Act of 1990
("ADA"), 42 U.S.C. SS 12181-12189, authorizes the Department of
Justice to provide technical assistance to individuals and
entities having rights or obligations under the Act. This letter
provides informal guidance to assist you in understanding the
ADA's requirements. This technical assistance, however, does not
constitute a determination by the Department of Justice of rights
or responsibilities under the ADA, and it does not constitute a
binding determination by the Justice Department.

     Your letter inquires as to whether your daughter, who has a
disability, is entitled to health and life insurance, and whether
her premiums would be affected by her disability. With respect
to the purchase of insurance, the ADA allows insurance companies
to charge more for insurance, to deny health insurance to an
individual with a pre-existing condition for that condition, or
to offer policies that limit coverage for certain procedures or
treatments, but only if the higher charges or limitations in
coverage are based on sound actuarial data and principles. Thus,
while the ADA does provide some protection for individuals with
disabilities in their dealings with insurance companies, it does
not prohibit the use of legitimate actuarial considerations. The
laws of the State in which you reside may provide different or
additional protections for your child, and you may want to
inquire with the appropriate State officials.

     Enclosed for your information is a copy of the Department of
Justice's Technical Assistance Manual for title III of the ADA.
It discusses the definition of disability on pages 9-13, and the
requirements applicable to insurance companies on pages 19-20.

cc: Records, Chrono, Wodatch, Magagna
    udd\magagna\pl\617






01-02808


                               - 2 -


     I hope this letter adequately responds to your inquiry. If
you have any other questions concerning the ADA, you may call our
information line at (202) 514-0301 between 1 p.m. and 5 p.m. EST,
Monday through Friday.

                                        Sincerely,




                                       John L. Wodatch
                                            Chief
                                    Public Access section

Enclosure
     Title III Technical Assistance Manual



01-2809