# 89


III-2.2000
III-3.11000                             June 17, 1993

DJ  202-PL-342


XXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXX
Sherman, Texas  25090

Dear Mr. XXXXXXX:

     This letter is in response to your inquiry about whether
developmentally disabled children are protected by the Americans
with Disabilities Act of 1990 (the "ADA"), and if so, whether it
prevents discrimination by companies that provide health
insurance.  I apologize for the delay in our response.

     The ADA 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. 
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department of Justice.

     Your letter inquires first about whether children with
developmental disabilities are considered individuals with
disabilities and are covered by the ADA.  Under the ADA, the
definition of "disability" includes any physical or mental
condition that substantially limits one or more major life
activities, such as caring for one's self, performing manual
tasks, walking, learning, or working.  Thus, it appears that the
mental or physical condition of your XXXXX would be considered a
disability within the meaning of the ADA, and that they would be
entitled to its protections against discrimination.

     You correctly point out in your letter that in providing
goods and services, public accommodations may not discriminate on
the basis of disability.  With respect to the purchase of
insurance, the ADA allows insurance companies to charge more for
insurance, or to refuse to insure someone with a disability, only
if the higher charges or refusal to provide coverage is based on
sound actuarial data and principles, and not on speculation. 
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 your State may provide different or additional
protections for your children, and you may want to inquire with
the appropriate State officials in Texas.

     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 8-10, and the
requirements applicable to insurance companies on pages 18-19.  I
hope this information is useful to you in understanding the
requirements of the ADA.


                            Sincerely,




                         John L. Wodatch
                              Chief
                      Public Access Section

Enclosure
     Title III Technical Assistance Manual