# 158

III-3.1100                         January 27, 1995





The Honorable Barbara Boxer
United States Senator
1700 Montgomery Street
Suite 240
San Francisco, California  94111

Dear Senator Boxer:

     This letter is in response to your inquiry on behalf of your
constituents, XXX and XXXXXXX XXXXXXXXX.

     Mr. and Mrs. XXXXXXXXX have complained that their health
care insurance provider, CIGNA, has discontinued coverage for the
services of a home health care aide for Mr. XXXXXXXXX.  They
inquire whether this violates the Americans with Disabilities Act
(ADA).  It appears from the correspondence that CIGNA generally
does not provide coverage for home health care aides for any
policyholders, although they provided such coverage to
Mr. XXXXXXXXX for a time just after his coverage was transferred
to CIGNA from another company.  

     The ADA prohibits discrimination on the basis of disability. 
It does not guarantee that persons with disabilities will be able
to obtain insurance coverage for all the medical services that
they need.  Home health care services are presumably needed and
used by persons without disabilities as well as persons with
different types of disabilities than Mr. XXXXXXXXXXX.  An
insurance company's decision not to cover home health services in
these circumstances would not appear to violate the ADA.

     I hope this information will be helpful to you in responding
to your constituents.

                                   Sincerely,




                                Deval L. Patrick
                           Assistant Attorney General
                             Civil Rights Division

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