# 153


III-3.1100
III-4.1300

                                             October 20, 1994






XXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
Nashville, Tennessee  37205

Dear Mr. XXXXXX:

     Your letter to Mr. George Stephanopoulus has been referred
to me for response.  Your letter questions whether the use of
medical records in the investigation and defense of claims by
insurance companies constitutes discrimination on the basis of
disability in violation of the Americans with Disabilities Act
(ADA).

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities that have rights
or responsibilities under the Act.  Pursuant to that authority,
this letter provides informal guidance to assist you in
understanding the ADA.  However, this technical assistance does
not constitute a legal interpretation of the statute, and it is
not binding on the Department.

     The ADA prohibits discrimination on the basis of disability
by places of public accommodation, including service
establishments such as insurance companies.  Included within this
prohibition is a ban on unnecessary inquiries into the nature or
existence of a disability.  Examination of medical records when
determining a claimant's right to compensation for an injury
allegedly sustained in an automobile accident would appear to be
necessary to determine the extent of injury and whether the
injury was actually caused by the automobile accident or whether
it was pre-existing.  The policy of reviewing medical files,
therefore, would not appear to violate the ADA unless medical
records were requested only from claimants with disabilities and
not from claimants without disabilities.  

     I hope this information is helpful to you.

                                      Sincerely,

                                      

                                   John L. Wodatch
                                        Chief
                                Public Access Section