PDF1 - University of Maryland School of Law

Conclusion 606. The Rehabilitation Act of 1973 61Enactment of Section 504 of the Rehabilitation Act 61Resort to Section 504 in the Aftermath of the Bloomington Infant Doe Case 63The "Interim Final Rule" of March 1983 64President's Commission Report 65American Academy of Pediatrics v. Heckler 68Proposed 504 Rule, July 1983 69Final 504 Rule 70Effect of University Hospital 71Bowenv. American Hospital Association 73Importance of Section 504 Enforcement 77Conclusion 777. The Child Abuse Amendments of 1984 79The Standard of Care 82Exceptions to Providing Treatment 88Enforcement of the Child Abuse Amendments 90Conclusion 928. Constitutional Issues 93The Constitutional Rights of Newborn Children with Disabilities 94Factors Limiting the Rights of Newborn Children with Disabilities 98Conclusion 1019. The Incidence of Discriminatory Denial of Medical Treatment 103Difficulties of Estimation 103Disincentives to Whistle Blowing 104Surveys of Physician Attitudes 104Turnbull Analysis 106Investigative Reporting 107Testimony from People with Disabilities and Their Relatives 108Recent Medical Literature 109ConclusionHO10. Child Protective Services Agencies and Enforcement of the Child AbuseAmendments of 1984IllCPS Delegation of Investigative ResponsibilityIllSpecial Relationship Among CPS Agencies and Doctors 113CPS Agencies' Failure to Comply with Federal Regulations 115CPS Attitudes to Treatment Principles 115Conflict of Interest 117Conclusion 11711. The Role and Performance of Infant Care Review Committees 118History 118Infant Care Review Committees in Action 122Infant Care Review Committees and Reporting 127Limitations of Hospital Self-policing 128Conclusion 129viii