You asked the options an individual might have when denied certain medical procedures, apparently because of his weight. You are interested in any anti-discrimination laws that may apply.

POSSIBLE ORGANIZATIONS TO CONTACT

It is unclear from the information provided who has denied your constituent the surgical procedures in question—a physician based on his medical judgment, a health insurer or health maintenance organization refusing to cover the procedures, or some other possibilities.

The individual could contact the Connecticut State Medical Society in New Haven (203-865-0587) as well as the applicable county medical association, which would appear to be the Tolland County Medical Association (860-243-3977). Again, depending on the basis of the denial, he might contact the state Office of Managed Care Ombudsman (1-866-HMO-4446; email address: managedcare. ombudsman@po. state. ct. us). It should be noted that under PA 05-102, the office’s name will change to the Office of Healthcare Advocate as of October 1, 2005.

An organization to contact might be the Council on Size and Weight Discrimination, Inc. (845-679-1209; website is www. cswd. org). This organization provides useful information on the issue including anti-weight discrimination laws, court cases, and suggestions and resources for assistance.

Another organization is the American Obesity Association (202-776-7711; www. obesity. org). Finally, the Weight Control Information Network an information service of the National Institute of Diabetes and Digestive and Kidney Diseases), might be another good source of information on medical care. Its website is http: //win. niddk. nih. gov/publications/ medical. htm.

ANTI-WEIGHT DISCRIMINATION LAWS

As best as we can determine, Michigan is the only state to have passed a law on weight discrimination, but it deals with employment and not medical treatment. Its “Elliot Larsen Civil Rights Act,” Act 453 of 1976, Sec. 209, bans discrimination in employment based on race, color, religion, national origin, age, sex, height, weight, or marital status (see Michigan Comp. Laws Ann. Sec. 37. 2102).

Some local jurisdictions have adopted ordinances addressing weight discrimination, but again their application to medical care is unclear. For example, Santa Cruz, California defines “unlawful discrimination” as differential treatment as a result of that person’s race, color, creed, religion, national origin, ancestry, disability, marital status, sex, sexual orientation, height, weight, or physical characteristic. San Francisco passed a law specifically outlawing discrimination against people based on their weight. The District of Columbia (Human Rights Subchapter ii, Sec. 1-2512) bans discrimination in employment based on race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, or political affiliation (DC Code Ann. Sec. 1-2501).

Federal laws that might have some relevance are Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. (The CSWD website provides information on this. )

JK: ro