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Subject:
From:
Mary Ferland <[log in to unmask]>
Reply To:
Mary Ferland <[log in to unmask]>
Date:
Sat, 11 Apr 2009 21:23:59 -0400
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<<Disclaimer: Verify this information before applying it to your situation.>>

  I am still trying to find information regarding the ADA & whether  
or not gluten free meals have to be provided in assisted living  
facilities. My 102 year-old mother may soon be moving to one and we  
are having trouble finding a facility that will provide food she can  
eat. I have found some information pertaining to Section 504 of the  
ADA from the magazine Living Without but I'm not sure if I understand  
it completely.

"The ADA extends the obligations of Section 504 from educational  
institutions to other public accommodations, such as restaurants,  
hotels, theaters, stores, doctors offices, museums, child care  
programs and non-religious private schools, whether they receive  
federal funding or not.

Section 504 and the ADA protect people with allergies because,  
legally, they are considered disabled. People with chronic  
conditions, like asthma and celiac disease, fall into this category,  
as well. The language in both statutes describes a person with a  
disability as someone who has a physical or mental impairment which  
substantially limits, permanently or temporarily, one or more major  
life activities. Major life activities include caring for one?s self,  
walking, seeing, hearing, speaking, breathing, learning or working.  
Neither statute lists specific allergies; however, allergens  
recognized by the American Academy of Allergy, Asthma and Immunology  
(AAAAI) include pollens, molds, pet dander, dust mites, cockroaches,  
mice, rats, latex, stinging insects, and food.

Food intolerances and insensitivities may also be covered by Section  
504 and the ADA, provided a licensed physician writes a letter  
stating that the person in question has a disabling condition and  
explains how that disability restricts the person's diet."

My questions:

1. does this mean that facilities MUST provide gf meals?

2. does it matter if they do or do not accept federal funding?

We are really desperate & need information from someone who knows how  
the law can be applied in this situation. Thanks to anyone who can  
shed light on this situation.

Mary in NH

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