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LEGAL ISSUES FOR AN AGING HIV POPULATIONPresented by Legal Action Center

2015

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WHO IS YOUR TRAINER?

Sally Friedman, Esq.Legal Director

Legal Action Center

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WHO IS THE LEGAL ACTION CENTER?

Non-profit law & policy organization

Anti-discrimination & privacy work Substance Use Disorders HIV/AIDS Criminal Records

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HOW TO GET HELP?

Legal Action Center website has many resources! www.lac.org Free publications, free webinars and more

Call the Legal Action Center with questions about privacy or discrimination relating to HIV/AIDS, substance use disorders, and/or criminal records – ask for paralegal or attorney-on-call (212) 243-1313

Refer clients (see next slide)

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FREE LEGAL SERVICES

Including – HIV testing & confidentiality

Discrimination based on:HIV statusAlcohol/drug historyCriminal record –

Rap sheet review and error correction Certificates of Relief and Good Conduct Job & housing discrimination

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LIKE US & FOLLOW US!

Visit LAC on Facebook:

https://www.facebook.com/pages/Legal-Action-Center/117162234980967

And

Twitter: https://twitter.com/lac_news

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WHY ARE YOU HERE? Majority of persons with HIV will be at least

50 by 2015

Unique barriers to care -- other diseases, stigma & isolation, care providers that historically have not

provided care to HIV+ population -- maybe some of you!

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TODAY’S TRAINING

Legal issues for older NY’ers with HIV. By the end of the training, you will be able to:

Explain basic purposes of living wills, health care proxies & powers of attorney.  

State whether HIV-positive individuals can buy life insurance and any limitations.  

Recite basic non-discrimination rules for nursing homes & other long-term care.

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TODAY’S HANDOUTS

This PowerPoint presentation

Health Care Proxies Q&A Living Wills Q&A Sample Health Care Proxy form Sample Living Wills (two) Sample Appointment of Agent to Control

Disposition of Remains

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TODAY’S HAND-OUTS

Are You Somebody With…Letter from NYS DOH re: PReP (7/24/2014)HIV/AIDS Testing, Confidentiality &

Discrimination: What You Need to Know About New York Law.

•Also available at www.lac.org (free publications/HIV)

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1. ADVANCED DIRECTIVES –

WHO CAN MAKE DECISIONS WHEN YOU CAN’T?

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MEET THOMAS & LIZ

Thomas: 60 years old. Diagnosed with HIV 20 years ago. Generally has full cognitive abilities, but

occasionally gets forgetful. Hospitalized on occasion but generally healthy.

Liz: 75 years old. Diagnosed with HIV 20 years ago. Occasional dementia. Failing health.

Who will make health care decisions for Thomas & Liz as they age? Thomas and Liz themselves?? Someone else?

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WHO CAN MAKE HEALTH CARE DECISIONS GENERALLY?

From age 18, people make own health care decisions if have “capacity to consent.” Means able to:

Understand and appreciate nature and consequences of proposed treatment or diagnosis, including benefits and riskspossible alternatives (including not doing it)

ANDMake an informed decision about whether to

consent to proposed test, procedure, or treatment.

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WHO CAN MAKE HEALTH CARE DECISIONS GENERALLY?

But who makes health care decisions if someone does not have capacity to consent?

Temporary incapacitation (e.g., accident, illness, surgery) – regardless of age

Permanent condition (e.g, dementia, coma, persistent vegetative state)

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WHO CAN MAKE HEALTH CARE DECISIONS GENERALLY?

Options for Thomas & Liz

Health care proxy DNR Living Will Surrogate decision maker Court-appointed guardian

Power of attorney does not have health care decision making authority!

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HEALTH CARE PROXY

What is a Health Care Proxy (HCP)?

Form that allows you to choose someone else to make health care decisions in the event you cannot make your own (you lack capacity).

“Principal” – person choosing someone else to make decisions. (That would be Thomas or Liz) “Agent” – person who gets decision making authority.

See sample form.

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HEALTH CARE PROXY

Can agent decide everything?

Can give agent authority for all or some health care decisions. If not expressly limited, agent has all authority, including authority to consent to HIV test/treatment and to disclosures of HIV-related and other health information

But agent will not have authority to make decisions about artificial hydration and nutrition unless proxy says so.

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HEALTH CARE PROXY

What if principal regains capacity to consent?

Agent loses authority.

Attending physician decides if principal regains capacity, but in some circumstances, must consult with a specialist.

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HEALTH CARE PROXY

Who signs proxy?

Signed by principal and two witnesses (agent cannot be witness). Doesn’t need to be notarized.

How know if principal is competent to sign?

Adults are presumed “competent” to appoint a health care agent unless adjudged incompetent or the court appointed a guardian.

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HEALTH CARE PROXY

Who can/should be agent?

Thomas wants to appoint his 55 year old partner to be his agent. They live together.

Liz wants to appoint her 70 year old sister to be her agent. She lives in Maryland.

Can they? Should they?

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HEALTH CARE PROXY

Who can/should be an agent?

Anyone over age 18.Do not need to name spouse. If name

spouse, agency ends if divorce or separation.

Can choose a doctor if not your treating physician.

May also choose alternate.Doesn’t have to live in NY, but good idea

to name someone nearby.

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HEALTH CARE PROXY

Thomas’ and Liz’s Choices

Can Thomas appoint his partner?Yes.

Can Liz appoint her sister? Yes, but because she lives in Maryland, might not be the best idea.

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HEALTH CARE PROXY

Should Thomas & Liz appoint these agents?

Thomas & his partner had a chat. Thomas isn’t 100% sure his partner could make the difficult choices consistent with Thomas’ wishes.

Liz hasn’t yet spoken to her sister about the types of decisions she’d want her to make.

Principal should talk to potential agent about wishes -- before appointment & after

Choose an agent who will honor your wishes.

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HEALTH CARE PROXY

Is it forever? Can you take it all back?

Good forever unless revoked or change by operation of law (e.g., divorce/spouse is agent).

Can change or cancel directives any time. Destroying a document cancels it. Executing a new document cancels the first one.

Good to review every 5years or after major life event (divorce, death or incapacity of an agent).

Always tell people about changes. Best to get documents back.

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HEALTH CARE PROXY

How will your doctor know about your health care proxy if you don’t remember or can’t communicate?

Make copies and give to – All medical care providers (will put in

medical record). AgentAttorneyFriends/family

Keep the original in a safe place, anywhere but in a safe deposit box where no one will find it.

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HEALTH CARE PROXY

What about HCPs done in other states?

Doctors in NYS should honor it as long as it complies with NY law.

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DO NOT RESUSCITATE ORDERS (DNR)

What is a DNR?

Document, usually put in medical chart, that instructs medical professionals to not perform CPR, emergency treatment, in the event breathing stops.

Applies to mouth-to-mouth resuscitation, chest compression, electric shock, insertion of tube into your airway, injection of medication or the opening of your chest.

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DO NOT RESUSCITATE ORDERS (DNR) Capacity presumed. Like HCPs, patients are

presumed to have capacity to decide about DNR orders. Determinations to the contrary must be “to a reasonable degree of medical certainty.”

Signature/witnesses - Competent adult may consent (i) orally before 2 witnesses (one being physician from hospital), or (ii) in writing witnessed by two people 18 years or older.

Revocation – May revoke consent any time by oral or written declaration to physician or nursing staff, or by other act evidencing specific intent to revoke (e.g., purposefully removing DNR bracelet in front of doctor or nurse). Doctor must then immediately record revocation in medical record.

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LIVING WILLS

What is a living will?

Document with your instructions for health care interventions you do and do not want when/if you no longer have capacity.

Provides “clear and convincing evidence” of your intent, as required by case law. Not a creature of statute.

Good to have living will to guide agent designated in health care proxy.

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LIVING WILLS

Why need a living will if have HCP?

Good to have living will to guide agent designated in health care proxy.

Why need a HCP if have living will?

Gray areas likely will emerge. Good to have a person you trust to make those hard calls.

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LIVING WILLS

See samples (two) in hand-outs.

Compare Legal Action Center form – different options depending on person’s condition - with streamlined form from courts.

See Q&As in hand-outs.

Can refuse any type of treatment.

Should discuss with a doctor.

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LIVING WILLS

Revocable?

Yes, as with HCP. Can tear it up, write a new one. But remember to tell your agent.

Give a copy to agent if have an HCP.Give copy to doctor.

Need lawyer?No. Just two witnesses 18 or older who

can say you were of sound mind when signed.

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ORGAN/TISSUE DONATION

Can you include organ/tissue donation in a living will?

Yes. Form from courts includes it.

HCP also can authorize organ/tissue donation.

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CREMATION & BURIAL

Can be in a will (not living will) – but wills may not be discovered immediately after death.

May permit agent to control dispositions of remains. (Public Health Law § 4201)

See sample form (Appointment of Agent to Control Disposition of Remains) in hand-outs or at…

https://www.health.ny.gov/professionals/funeral_director/docs/control_disposition_of_remains.pdf

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SURROGATE DECISION MAKER

What if Thomas and Liz don’t do any advanced directives?

No health care proxy

No living will

No DNRs

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SURROGATE DECISION MAKER

Family Health Care Decisions Act (FHCDA)

If mentally incapacitated in hospital or residential care facility… (includes nursing home)

Health care decisions can be made by “surrogate.”

Attending physician decides if patient lacks capacity (in some circumstances, may need to consult with another medical professional)

Must document.

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SURROGATE DECISION MAKER

Who can be a surrogate?

Use the order on this list (depending on availability):

Guardian authorized by court to make such decisions Spouse (if not legally separated) or domestic partner Son or daughter (18 years or over) Parent Sibling (18 years or over) Close friend

Person whose relationship is highest can designate someone at any other level if no one higher objects (e.g., spouse can designate sibling).

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SURROGATE DECISION MAKER

What if no one on the list is available?

FHCDA allows (doesn’t mandate) physicians to make any type of health care decision without going to court.

Law sets out different procedures depending on whether the medical treatment is routine or major, or involves withholding/withdrawing life-sustaining treatment.

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SURROGATE DECISION MAKER

Surrogate must make decisions in accordance with patient’s wishes.

Surrogate can make any type of health care decision, including whether to withhold or withdraw life-sustaining treatment.

More information on FHCDA & HIV from DOH: http://www.health.ny.gov/diseases/aids/providers/regulations/fhcda/ai_fact_sheet.htm

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COURT-APPOINTED GUARDIAN

Article 81 of the NYS Mental Hygiene Law

Court may appoint a guardian if necessary to provide for personal needs and/or

manage property & financial affairs, and person agrees or is incapacitated.

Based on concept of the least restrictive alternative -appropriate to satisfy needs of incapacitated

person, but alsoTailored/limited to activities needing

assistance.

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POWERS OF ATTORNEY

“Principal” gives “agent” (at least one) authority to make decisions non-medical decisions.

Powers can include banking & real estate transactions, taxes, personal & family matters and more.

See sample. http://www.nyc.gov/html/dhs/downloads/pdf/poa_ny_short_form1_%20082010.pdf

“Durable” POA -- authority survives principal’s incapacity. (Otherwise, it won’t.) Durable POAs expire upon death of grantor, unless revoked earlier.

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POWERS OF ATTORNEY

BE CAREFUL!!!Appoint someone you trust.Authority commences as soon as POA is

signed by principal and agent (need notary). Agent can empty your bank account if you give that authority.

Agent does not need to ask principal first.Principal does not lose authority. Can execute but leave it with attorney or

some other person, with instructions to turn it over to agent at an appropriate time.

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POWERS OF ATTORNEY

Details…

To use the POA, agent should take original & copies to place where power will be used (e.g., bank).

To revoke -- deliver written revocation to agency. Also serve revocation on financial institutions with which agent has interacted.

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2. A BRIEF OVERVIEW OF SOME INSURANCE ISSUES

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INSURANCE ISSUES

HEALTH INSURANCE

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HEALTH INSURANCE: HIV/AIDS

HIV/AIDS

People in New York State cannot be denied health insurance simply because they have HIV or AIDS

People in New York State cannot be charged a higher health insurance premium simply because they have HIV or AIDS

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HEALTH INSURANCE: SUBSTANCE USE DISORDERS

Mental Health Parity & Addiction Equity Act (“Parity Law”):

Covers most private & public health insurers, including Medicaid Managed Care (but not Medicare)

Insurance plans that offer substance use & mental health benefits must offer them equally (at “parity”) with other medical/surgical benefits

What does this mean? Same co-pays, deductibles, annual & lifetime caps Cannot medically manage mental health/addiction

benefits more stringently than medical/surgical If medical/surgical has out-of-network benefits, mental

health/addiction must too …and more!

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HEALTH INSURANCE: SUBSTANCE USE DISORDERS

Parity Law, cont…

For more information on parity, check out: LAC webinar:

http://www.lac.org/index.php/lac/149%23Accessing%20Insurance%20Coverage%20for%20Substance%20Use%20&%20Mental%20Health%20Treatment:%20The%20Federal%20Parity%20Laws

SAMHSA’s parity website:http://www.samhsa.gov/health-financing/implementation-mental-health-parity-addiction-equity-act

Coalition for Whole Health: http://www.coalitionforwholehealth.org/

Parity Implementation Coalition: http://parityispersonal.org/

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HEALTH INSURANCE: SUBSTANCE USE DISORDERS

Insurance Coverage of Court-Ordered Treatment:

NYS law requires Medicaid Managed Care plans in the state to cover court-ordered treatment (if the plan would otherwise cover that type of treatment)

This law is found at New York Social Services Law section 364-j(4)(r)

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HEALTH INSURANCE: GENERALLY

Plans could refuse to accept, or charge higher premiums to, people/employers with higher health costs

Plans must accept everyone, regardless of health status

Policy can only be cancelled for failure to pay premiums

Before Jan. 1, 2014… Now…

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HEALTH INSURANCE: GENERALLY

Insurer could refuse to cover a person with a pre-existing condition (“P.E.C.”), or refuse to cover costs related to P.E.C.

BUT, if maintain insurance, insurer couldn’t deny based on P.E.C.

If do not maintain insurance, insurer could only look back 6 mos.

Insurers cannot deny coverage based on pre-exiting condition

Insurer cannot refuse to pay for treatment for a particular condition simply because person had the condition before joining the plan

Before Jan. 1, 2014… Now…

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HEALTH INSURANCE: GENERALLY

Insurers could charge higher premiums based on health status, health care utilization, and more (called “rating”)

Insurers cannot charge higher premiums based on health status, health care utilization, or gender

Can charge higher premiums based on age, geographic area, and tobacco use

Before Jan. 1, 2014… Now…

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HEALTH INSURANCE: GENERALLY

Employer-based health plans were not required to cover specific types of benefits (e.g., mental health and substance use disorder)

All small employer plans must provide “essential health benefits” (EHB) including mental health & substance use and chronic disease management

Parity Law applies EHB cannot be designed

in way that discriminates based on disability, life expectancy, or age

Before Jan. 1, 2014… Now…

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HEALTH INSURANCE: GENERALLY

Very few anti-discrimination or other protections in individual and small group insurance market

Health insurance “exchanges” set up

Plans sold on exchanges must have adequate networks

Networks must include “essential community providers” (includes Ryan White grantees, federally qualified health centers, etc.)

Before Jan. 1, 2014… Now…

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HEALTH INSURANCE: GENERALLY

For more information on recent and upcoming changes under health care reform:

Federal government’s website on health care reform:http://www.healthcare.gov/

Coalition for Whole Health (focus on mental health and substance use disorders):http://www.coalitionforwholehealth.org/

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HEALTH INSURANCE: GENERALLY

To buy health insurance on the New York exchange:

Official Health Plan Marketplace website: https://nystateofhealth.ny.gov/

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INSURANCE ISSUES

LIFE INSURANCE &

DISABILITY INSURANCE

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LIFE & DISABILITY INSURANCE

Life & Disability Insurance Companies May:

Require applicants to be tested for HIV, but must:

Tell applicants they will be tested

Provide applicants with general information

Have applicant sign a consent form

Cont….

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LIFE & DISABILITY INSURANCE

Life & Disability Insurance Companies May:(cont….)

Ask applicants about illnesses with which they have been diagnosed, including HIV.

Deny coverage or charge higher premiums for people with certain illnesses, such as HIV.

Require people with certain illnesses, such as HIV, to go through a waiting period before coverage begins.

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LIFE INSURANCE

Can someone with HIV obtain life insurance?

Sometimes.

A few life insurance companies will issue limited amounts of life insurance to HIV+ individuals.

Typical benefits range from $5,000 to $15,000.

“Guaranteed life insurance” companies” -- offer insurance that is not medically underwritten” -- no medical exam required.

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LIFE INSURANCE

Possible sources of life insurance without medical underwriting:

New York Life through AARP for individuals eligible for AARP, up to $15,000

Mutual of Omaha - up to $10,000 Physician's Life - up to $10,000 Gerber Life - limited amounts ($5,000 - $10,000) Farmers Guaranteed Trust Life Insurance Company

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LIFE INSURANCE

Viatical settlements.

Can sell your life insurance for an amount much less than the death benefit.

Accelerated benefits.

If very sick & likely to die within short time, get a smaller amount than death benefit.

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LIFE INSURANCE

Employer plans

Many employer plans include an automatic life insurance policy up to a certain percentage of an employee's wages on a group basis without underwriting or any qualifying process.

Social security survivor benefits

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LIFE & DISABILITY INSURANCE

For more information:

New York State Insurance Department at1-800-342-3736

www.thebody.com (insurance and much more)

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BURIAL INSURANCE Life insurance can be used to pay for burial/funeral

expenses, or

Can buy burial insurance: burial & funeral expenses only.

Can buy through broker or ask NYS Insurance Department for list.

Usually costs more for same benefit a life insurance.

Sometimes ask health-related questions, sometimes don’t. Can affect cost or length of coverage.

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3. DISCRIMINATION

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WHAT IS DISCRIMINATION?

Treating a person less favorably/differently because of his or her STATUS…

… when the law does not permit it.

Examples: race, age, disability, gender, religion, sexual orientation, marital status.

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DISCRIMINATION IS….

Examples of discrimination:

Adult day care program has a policy of not admitting people who are HIV+.

Doctor’s office refuses to treat a man for his broken leg because he has a history of drug addiction.

Landlord will not rent to woman because she is in recovery from alcoholism.

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DISCRIMINATION IS NOT…

Anti-discrimination laws require employers & others to:

Look at each person individually, on a case-by-case basis.

Not make generalizations and rely on stereotypes and about a person based on his/her status (e.g., based solely on the fact that the person has a disability).

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DISCRIMINATION IS NOT…

Treating a person less favorably/differently because of his or her CONDUCT.

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DISCRIMINATION IS NOT…

Examples of non-discriminatory action:

Employer fires employee who caused workplace accident because he was under the influence of alcohol or drugs.

Group residence discharges/evicts someone because of continuous rule violations -- even if the individual has disability.

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TODAY’S PRESENTATION/DISCUSSION

Focuses on discrimination in …

Places of public accommodation:Health care providers/facilitiesNursing homesLong term care facilities

Housing -- included assisted living & seniors’ residences

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TODAY’S PRESENTATION/DISCUSSION

Focuses on discrimination because of …HIV/AIDSSubstance Use DisorderViral Hepatitis

But… some of the same laws prohibit discrimination due to sexual orientation.

For more info on LGBTQ discrimination: LGBT Aging Center, http://

www.lgbtagingcenter.org Lambda Legal, http://www.lambdalegal.org/

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LAWS PROHIBITING DISCRIMINATION…

FEDERAL LAWS

Americans with Disabilities Act (“ADA”) Rehabilitation Act of 1973 (“Rehab Act”) Fair Housing Act Workforce Investment Act Family and Medical Leave Act

STATE & CITY LAWS

New York State Human Rights Law New York City Human Rights Law

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LAWS PROHIBITING DISCRIMINATION…

What do these federal, state, and city laws do?

Together, prohibit discrimination by at least: Private employers with 4 or more employees State and local government agencies Workforce development programs funded by

the federal government Places of public accommodation:

Doctors’ offices & other health care providers and facilities

Social service facilities (e.g., homeless shelter, adult day care)

Residential facilities (including group homes) and all other forms of housing

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LAWS PROHIBITING DISCRIMINATION…

WHO IS PROTECTED BY THESE LAWS?

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WHO IS PROTECTED BY THESE LAWS…

An individual who-- Has a “disability,” Has a history/record of a disability, or Is regarded as having a disability.

Generally includes people with: HIV/AIDS Hepatitis Past alcoholism/drug addiction Current alcohol addiction But not people who currently use drugs illegally

when the discrimination is because of that use.

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WHO IS PROTECTED BY THESE LAWS?

Case-by-case determination

Remember: perceived status of having hepatitis/HIV is also a covered by the law:

Example: Adult day care patient is gay so provider employer assumes he must also have HIV or hepatitis.

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WHO IS PROTECTED BY THESE LAWS?

CASE STUDY

Jay is 55 years old. Has been in recovery from an opiate addiction for 15 years during which time he has been in a methadone maintenance program. All urine tests have been negative except for a short relapse 10 years ago. He applies for admission to an adult day care program but is denied because he is in a methadone maintenance program.

Is Jay protected by anti-discrimination laws? Probably. (Record of/regarded as)

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WHAT RIGHTS DO THESE LAWS GIVE?

Shall not be discriminated against because of disability

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WHAT RIGHTS DO THESE LAWS GIVE?

What does that mean?

Can’t be treated differently because of disability.

Entitled to a reasonable accommodation.

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CASE STUDY - DIFFERENTIAL TREATMENT

Jane is 60 years old. Goes to Downtown Eye Clinic for an eye problem.

Discloses HIV status on the medical history. Clinic tells her that because she is HIV+, she

should go to hospital’s infectious disease clinic instead.

Clinic does not call hospital for her, but gives her the general phone number for infectious disease program.

Discrimination?

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CASE STUDY - DIFFERENTIAL TREATMENT

Depends….need to know more:

Clinic is a place of public accommodation, so must comply with anti-discrimination laws (ADA, NYS and NYC Human Rights Laws)

But why did Clinic deny Jane services?

If denied services because feared HIV infection, then discrimination!

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CASE STUDY - DIFFERENTIAL TREATMENT

Could might try to raise “direct threat” defense.

Public accommodations may deny services if person with disability poses “direct threat” to health and safety of others:

Significant risk based on best available objective evidence, current medical knowledge. Can’t be mitigated through reasonable modifications of policies, practices, procedures.

Can’t be speculative, remote or based on anecdotal experience or myth.

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CASE STUDY - DIFFERENTIAL TREATMENT

In determining whether someone poses a “direct threat,” should consider 4 factors:

1) duration of the risk

2) nature and severity of the potential harm

3) likelihood that potential harm will occur

4) imminence of the potential harm

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CASE STUDY - DIFFERENTIAL TREATMENT

“Direct threat”

HIV+ patient does not pose direct threat in health care settings. Must use universal precautions for everyone.

Abbott v Bragdon -- U.S. Supreme Court case.

Similar for hepatitis. U.S. Dept. of Justice settled case against dentist for refusing to treat woman with hepatitis C.

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CASE STUDY - DIFFERENTIAL TREATMENT

Was referral medically justified?

If referral was medically justified -- doctor did not have skill level/expertise to treat Jane’s eye problem, no discrimination.

In some circumstances, HIV/AIDS may present medical complications that could warrant a referral. But absent medically justifiable reason, it’s discrimination.

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CASE STUDY - DIFFERENTIAL TREATMENT

Other examples of discrimination

Requiring HIV-positive patient to come to last appointment of day (DOJ settlement against Woodlawn Family Dentistry)

Isolation & unwarranted “precautions”: Dubin v. Marcus Garvey Nursing Home. Violated NYS Human Rights Law by placing resident in strict isolation because of HIV status & not allowing him to use public phone.

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CASE STUDY - REASONABLE ACCOMMODATION

Tom is in recovery from addiction to prescription pain medication. Getting treatment with suboxone (controlled substance approved for treatment of opiate addiction). Denied admission to Eastside Seniors Residence because of policy: no controlled substances on site.

Discrimination?

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CASE STUDY - REASONABLE ACCOMMODATION

It may.

Unlawful discrimination also includes refusing or failing to make reasonable accommodations for people with disabilities, when needed.

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CASE STUDY - REASONABLE ACCOMMODATION

Possible reasonable accommodations (in lieu of policy patients treated with suboxone from seniors residence):

Arranging for patient to store MAT medication in lock box in house, etc.

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QUESTIONS ABOUT DISABILITIES

Back to Jane -- patient at Downtown Eye Clinic.

Was it legal for Clinic to ask Jane about HIV status on medical history form?

Yes. Anti-discrimination laws limit what employers may ask about disabilities, but do not limit what places of public accommodation may ask.

BUT Clinic may not discriminate with that information.

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QUESTIONS ABOUT DISABILITIES

What about housing?

May assisted living facility ask applicant if HIV positive? Has viral hepatitis? Has ever been in alcohol/drug treatment?

Depends. FHA generally prohibits inquiring about disability but not if ask all applicants and:

Inquiring to determine eligibility for dwelling available only to individuals with disabilities or particular type or to dwelling that gives priority to individuals with disabilities (or particular type)…

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QUESTIONS ABOUT DISABILITIES

(continued)

Asking if “current illegal abuser or addict of a controlled substance”

Asking if convicted of illegal manufacture or distribution of controlled substance.

Note: FHA applies to assisted living facilities, senior residences, but maybe not nursing homes (could be public accommodations instead).

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REMEDIES

What to do if you face discrimination?

Contact a lawyer. Options include Legal Action Center; also see lawhelp.org: http://www.lawhelp.org/.

File a complaint with agency(ies) that enforce the law (can do without a lawyer).

File a lawsuit in state or federal court. Having a lawyer is usually critical to success.

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REMEDIES

What can people get from successful complaint or lawsuit?

Money (sometimes) for mental anguish, other losses

Changed policies

Order requiring discriminating entity to admit/treat you/stop discriminating.

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REMEDIES

Where to get more information on agency complaints?

NYS Division of Human Rights http://www.dhr.ny.gov/

NYC Commission on Human Rights http://www.nyc.gov/html/cchr

U.S. Department of Justice (ADA) http://www.ada.gov/filing_complaint.htm

U.S. Department of Housing & Urban Development (FHA) http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities

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REMEDIES REMEMBER:

It is VERY important to stay mindful of deadlines for filing complaints and lawsuits!

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HAVE QUESTIONS?

Legal Action Centerask for “attorney on call”212-243-1313 or 800-223-4044

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THAT’S IT.THANK YOU!Please complete the evaluation!

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Visit LAC on Facebook:

https://www.facebook.com/pages/Legal-Action-Center/117162234980967

And

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