45 CFR 84.3 - Definitions
| Cite as | 45 CFR 84.3 |
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470 practice notes
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Nondiscrimination in Health Programs and Activities
...in accordance with the definition of ``Federal financial assistance'' in the regulations implementing Section 504 and the Age Act at 45 CFR 84.3(h) and 91.4, respectively, and also specifically includes subsidies and contracts of insurance, in accordance with the statutory language of Secti......
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Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority
...and statutory prohibitions on discrimination. --------------------------------------------------------------------------- \43\ 45 CFR 84.3(h). \44\ 42 U.S.C. c. Sec. 92.3(b): Scope of the Term ``Health Program or Activity'' The Department proposed in Sec. 92.3(b) to clarify that ``health pr......
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Nondiscrimination in Health Programs and Activities
...financial assistance does not include Medicare Part B. --------------------------------------------------------------------------- \36\ 45 CFR 84.3(h). \37\ 45 CFR An additional clause was added to the proposed regulatory provision, modeled on the definition of ``Federal financial assistanc......
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Napreljac v. John Q. Hammons Hotels, Inc., No. 4:05-cv-00160-JEG.
...disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. 45 C.F.R. § 84.3(j)(2)(i). Aside from grammatical differences, the EEOC's definitions are identical. See 29 C.F.R. § 1630.2(h). A wide variety of ills, including ep......
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467 cases
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Scarborough v. Natsios, No. Civ.A. 99-2454(ESH).
...self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1614.203(a)(3); 45 C.F.R. § 84.3(j)(2)(ii). Although the Rehabilitation Act regulations do not elaborate on the term "substantially limiting," the regulations implementing the A......
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Maglietti v. Nicholson, Civil Action No. 3-05-cv-1819 (JCH).
...activities," which includes "walking, seeing, hearing, ... [and] performing manual Page 631 tasks." Id at 195, 122 S.Ct. 681 (quoting 45 C.F.R § 84.3(j)(2)(ii) (2001)). Similarly, E.E.O.C. regulations interpreting the term define it as including "functions such as caring for oneself, perfor......
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Nagel v. Sykes Enterprises, Inc., No. A1-04-039.
...that Nagel is "disabled."8 Her blindness is a physical impairment which limits a major life activity, namely her ability to see. See 45 C.F.R. § 84.3(j)(2)(ii) (explaining that "[m]ajor life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, ......
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Garrity v. Gallen, Civ. A. No. 78-116-D.
...recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. 45 C.F.R. § 84.3(f). Defining the scope of the "recipient" under attack in any given case is essential, especially in light of the fact that the ultimate rem......
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2 books & journal articles
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Paralyzing Discord: Workplace Safety, Paternalism, and the Accommodation of Biological Variance in the Americans with Disabilities Act
...the specific definitions of "physical or mental impairment," "major life activity," and "has a record of such impairment." See 45 C.F.R. § 84.3(j) (2002); see also Southeastern Cmty. Coll. v. Davis, 442 U.S. 397, 407 (1979) (defining an "otherwise qualified handicapped individual" as one wh......
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Identity or condition? The theory and practice of applying state disability laws to transgender individuals.
...Dobre, 850 F.Supp. at 288. (73) See 240 IOWA ANN. CODE [section] 6. I (1) (2011). (74) 24 C.F.R. Part 36 App. B [section] 36.104. (75) 45 C.F.R. 84.3 j(2)(ii). (76) S. REP. NO. 93-1297, at 37-8, 50 (1974), as reprinted in 1974 U.S.C.C.A.N. 6373, 6388-91, 6413-14. (77) Sch. Bd. Of Nassau Cnt......