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- Newsgroups: co.general
- Path: sparky!uunet!convex!darwin.sura.net!spool.mu.edu!agate!boulder!csn!ncar!virga.rap.ucar.edu!fhage
- From: fhage@virga.rap.ucar.edu (Frank Hage)
- Subject: Amendment #2 & Health Care
- Message-ID: <1992Nov17.010016.26155@ncar.ucar.edu>
- Sender: news@ncar.ucar.edu (USENET Maintenance)
- Reply-To: fhage@virga.rap.ucar.edu (Frank Hage)
- Organization: Research Applications Program/NCAR, Boulder, CO
- Distribution: co
- Date: Tue, 17 Nov 1992 01:00:16 GMT
- Lines: 54
-
- Article 2, of the Colorado Constitution is amended by the addition of
- Sec. 30, which shall state as follows:
-
- NO PROTECTED STATUS BASED ON HOMOSEXUAL, LESBIAN OR BISEXUAL ORIENTATION.
- Neither the State of Colordado, through any of its branches or departments,
- nor any of its agencies, political subdivisions, municipalities or school
- districts, shall enact, adopt, or enforce any statute, regulation,
- ordinance or policy whereby homosexual, lesbian, or bisexual orientation,
- conduct, practices, or relationships shall constitute or otherwise be the
- basis of, or entitle any person or class of persons to have or claim any
- minority status, quota preferences, protected status, or claim of
- discrimination. This section of the Constitution shall be in all respects
- self-executing.
-
- --------------------------------------------------
-
- Does this mean that Health care facilities (especially publicly supported ones
- like Denver General) can refuse service to individuals by claiming that
- they have a homosexual orientation? Does this give hospitials an "out" for
- providing indigent care?
-
- Imagine this not so far fetched scenario;
-
- Employer: "Our health insurer says you've been treated for an HIV
- related illness, and are going to raise our rates - Unless you can
- prove your not homosexual, you're fired!"
-
- Ex Employee: "Now I'll never get health insurance - 'preexisting conditions'"
-
- Later Ex-Employee gets a serious infection or injury and goes to a hospital.
-
- Emergency Room Staff: "I'm sorry. You've tested positive for HIV. You have no
- insurance. The hospital's policy is to cut costs wherever legally possible.
- Unless you can prove you're not homosexual or can post a $250,000 cash bond,
- you'll have to leave."
-
- --------------------------------------------------
-
- As I read the amendment, the ex-employee has no legal recourse. The
- state can't even withold Medicaid support to "offending hospitals" based on
- their policy of discriminating against homosexuals.
- Most, if not all, hospitals currently "dump" indigent patients whenever
- possible, as they are quite expensive to care for. It is only the power of law
- that currently forces hospitals to care for indigent patients. Won't #2
- allow them to legally discriminate against anyone who they think might
- have a homosexual, lesbian, or bisexual orientation, conduct, practices, or
- relationship? It seems as if any patient could be refused on this
- basis, as slander or libel cannot possibly arise from private, confidential
- medical records. All it would take is for a staff member to add "homosexual
- orientation" to their records. (After all they were facing a poster
- of Elton John when they came in :-).
-
-
- -Frank Hage. National Center for Atmospheric Research. Boulder, Colorado.
-