There were a number of comments about the concept of “direct threat,” which is defined as a significant risk to the health or safety of others that cannot be eliminated by a modification...
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Medical Certificates/Communicable Diseases
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2.5.2.2 International Organization for Standardization (ISO) Standards
These ratings are combined to generate a risk level. If the risk level is high enough, the design must incorporate mitigations to control the risk....
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Need for and Benefits of the Proposed Standards
The proposed standards will reduce the risk of injury during transfers to both health care personnel and patients.18 The proposed standards will result in more positive health care experiences...
- Creating Welcoming Mental Health Work Environments
- Harris Family Center for Disability and Health Policy (CDHP)
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Section 36.212 Insurance (Preamble, Section-by-Section Analysis)
The committee reports indicate that underwriting and classification of risks must be ‘‘based on sound actuarial principles or be related to actual or reasonably anticipated experience’’...
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Section 36.212 Insurance (Section-By-Section Analysis and Response to Comments)
The committee reports indicate that underwriting and classification of risks must be "based on sound actuarial principles or be related to actual or reasonably anticipated experience'' (...
- National Center on Health, Physical Activity and Disability (NCHPAD)
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Issue 14: How can improved lighting and zero net energy goals by achieved while improving health care?
In health care that’s a challenge because it’s a 24/7 operation. It’s entirely different than an office building....
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1630.16(f)(2)
(2) A covered entity may establish, sponsor, observe or administer the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks...
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§1630.16(f)(2)
(2) A covered entity may establish, sponsor, observe or administer the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks...
- Rehabilitation Research and Training Center on Developmental Disabilities and Health
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Sec.36.212(a)(2)
(2) A person or organization covered by this part from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying...
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12201(c)(2)
(2) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying...
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12201(c)(2)
(2) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks,...
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§ 36.212(a)(2)
(2) A person or organization covered by this part from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying...
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iv. Lifts
Using lifts may provide more security for a patient than being lifted by medical staff and may reduce the risk of injury to medical staff....
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Section 36.208(a) (Section-By-Section Analysis and Response to Comments)
to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of the public accommodation, if that individual poses a direct threat to the health...
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Q12: Should school districts conduct FAPE evaluations as described in the Section 504 regulation for students who, prior to the Amendments Act, had health problems but might not have been considered persons with a disability?
A: The answer depends upon whether, because of the health problem, that student has a disability and, because of that disability, needs, or is believed to need, special education or related...
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1.1.4 Appendices
Provisions contained in the appendices of this code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in compliance with Health and Safety...
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9. Q: One of the children in my center hits and bites other children. His parents are now saying that I can't expel him because his bad behavior is due to a disability. What can I do?
The ADA does not require providers to take any action that would pose a direct threat -- a substantial risk of serious harm -- to the health or safety of others....
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Notes
As noted in the text, although Committee members searched for definitions of extreme obesity among prominent public health organizations (e.g., Centers for Disease Control and Prevention...
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101.2 Effect on Removal of Barriers in Existing Facilities
In no instance shall the removal of an architectural barrier create a significant risk to the health or safety of an individual with a disability or others....
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Pre-Employment, Post-Offer
A post-offer medical examination may disqualify an individual who would pose a "direct threat" to health or safety....