# 51

December 31, 1992 II-3.3000

DJ# 192-T2-00026

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RE: Complaint Number XXXXXXXXXXXX

Dear Ms. XXXXXX:

This letter responds to the complaint you filed against the

California State Department of Corporations, alleging
discrimination on the basis of disability. Your complaint was
forwarded to us by the U.S. Department of Health and Human
Services, Office for Civil Rights, because the Department of
Justice is the agency responsible under title II of the Americans
with Disabilities Act of 1990 (ADA) for investigating this
complaint.

Your complaint alleges that the California Health and Safety

Code discriminates against individuals with mental impairments by
failing to require health insurance plans to continue coverage of
dependent children with mental impairments, other than mental
retardation, beyond the limiting age for dependent children
specified in the policy, while requiring such continued coverage
for children with mental retardation or physical handicaps.
The Civil Rights Division has completed its review of this issue
and has determined that the California State Department of
Corporations is not in violation of title II of the ADA for the
reasons explained below.

Title II prohibits public entities from enforcing

regulatory requirements that would require private entities to
discriminate against individuals with disabilities. However,
title II generally permits State and local governments to provide
benefits to certain classes of individuals with disabilities that
they do not provide to individuals with different disabilities.
28 C.F.R. { 35.130(c). Where a benefit is limited to a
particular class of individuals with particular types of
disabilities (here, those with mental retardation and physical
disabilities), discrimination is determined by comparing the treatment of all
individuals
with disabilities to the treatment provided to similarly situated individuals without
disabilities. In this case, adult children without disabilities are not eligible for
continued coverage under their parents' health insurance policies. In addition, adult
children with mental impairments other than mental retardation are also ineligible
for
continued coverage. Therefore, the situation you have raised does not constitute
discrimination under the Americans with Disabilities Act.

Please be advised that your right to file a complaint is protected by Federal law.
A
State or local government may not intimidate, threaten, coerce, or engage in other
discriminatory conduct against anyone who has either taken action or participated in
an
action to secure rights protected by the ADA. If at any time you feel you are being
harassed or intimidated because of your dealings with the Department of Justice, we
urge
you to let us know immediately. This office would investigate such a complaint if
the
situation warrants.

Under the Freedom of Information Act, it may be necessary to release this

document
and related correspondence and records upon request. In the event that we receive
such a
request, we will seek to protect, to the extent provided by law, personal information
which, if released, could constitute an unwarranted invasion of privacy.

This letter constitutes our letter of findings with respect to your allegations of
discrimination in your administrative complaint. If you are dissatisfied with our
determination, you may file a private complaint in the United States District Court.

Sincerely,

Stewart B. Oneglia
Chief
 Coordination & Review Section
Civil Rights Division

cc: California State Department

of Corporations