Sociological and Cultural Aspects of Tourette Syndrome - Legal and Insurance Issues

Legal and Insurance Issues

There is no reason to believe that persons with Tourette's have diminished capacity in regards to understanding legal issues. Examples of federal legislation which protects some rights of individuals with TS in the United States include the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Legal and other advocacy information regarding the challenges associated with TS can be found on the website of the Tourette Syndrome Association.

A review of all cases tried in state and federal courts in the US between 1985 and 2003 (civil rights, criminal, education, family, labor, and social security) found that TS was implicated in only about 150 cases, 21 of which were criminal, over 18 years. The authors concluded that TS "rarely leads to criminal behavior, but patients with TS who have behavioral comorbidities are at risk of being involved with the legal system".

People diagnosed with Tourette syndrome may have difficulty obtaining new health insurance, or reimbursement for health care under their existing insurance plans, in spite of otherwise excellent health. If a diagnosis is not needed for school or medication processes, some families may choose to forgo a formal, written diagnosis in order to avoid insurance pitfalls.

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