Safe, but not sound: limiting safe harbor immunity for health and disability insurers and self-insured employers under the Americans with Disabilities Act.

Michigan Law Review, December, 2002 by Ziegler, Rachel Schneller

TABLE OF CONTENTS 
 
INTRODUCTION 
    I. INTERPRETING THE SAFE HARBOR PROVISION 
       A. Statutory Language and Legislative History 
       B. Agency Interpretations 
       C. Other Health Care Statutes and Safe Harbors 
   II. THE COURTS' OVEREXPANSION OF THE SAFE HARBOR 
       A. An Examination of Safe Harbor Cases 
       B. Courts' Reasons for a Broad Interpretation 
  III. APPLICATION OF A NEW STANDARD 
       A. The Undue Hardship Defense 
       B. Application of the Undue Hardship Standard to Safe 
          Harbor Cases 
       C. Justifications for the Adoption of the Undue Hardship 
          Standard 
       D. Objections to the Adoption of the Undue Hardship 
          Standard 
CONCLUSION 

INTRODUCTION

When Congress passed the Americans with...

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