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89 Tul. L. Rev. 191 (2014-2015)

handle is hein.journals/tulr89 and id is 201 raw text is: Lost in the Shuffle: How Health and Disability Laws Hurt Disordered Gamblers Stacey A. Tovino* Gambling 'sorder is not a legally sympathetic health conditon. Health insurance policies and plans have long excluded twabnent for gambling disorder from health insurance coverage. Individuals with gambling disorder who seek disabili'y income insurance benefits from public and pnvate disability income insurers also tend not to be successful in their clains. In additjon federal and state antrdscmination laws currently exclude individuals with gambling disorder from disabiiy, discximinationprotections. TisArticle is the FIst lawreview article to challenge the legal aratment of individuals with gambling disorder by showing how health insurance and antdi'scnmination laws hurt problem gamblers. Using neuroscience, economics, and principles of biomedical etucs to argue that individuals with gambling disorder should have the same legal protectfons as in&vduals with substance-related and other addictive disorders, tusArtcle proposes important amendments to federal and state health insurance laws and antidiscrimination laws. I. INTRODUCTION ............................................................................. 192 II. GAMBLING DISORDER: HISTORY AND DIAGNOSTIC C LASSIFICATION ........................................................................... 196 III. GAMBLING DISORDER: SCIENTIFIC UNDERSTANDING ............... 205 IV HEALTH INSURANCE COVERAGE OF GAMBLING DISORDER TREATM ENTS ................................................................................ 213 V DISABILITY INCOME INSURANCE BENEFITS FOR INDIVIDUALS WITH GAMBLING DISORDER .................................. 224 * © 2014 Stacey A. Tovino, J.D., Ph.D. Lincy Professor of Law and Lehman Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas. I thank Nancy Rapoport, Interim Dean, and Daniel Hamilton, Dean, William S. Boyd School of Law, for their financial support of this research project. I also thank Keith Miller (Ellis and Nelle Levitt Distinguished Professor of Law, Drake Law School, Des Moines, Iowa) and Carol O'Hare (Executive Director of the Nevada Council on Problem Gambling) for their comments on this Article. I am grateful to Chad Schatzle (Student Services Librarian, Wiener-Rogers Law Library, Boyd School of Law) and Danny Gobaud (Boyd 2014) for their outstanding assistance in locating many of the sources referenced in this Article. Finally, I thank the participants of the following conferences for their helpful comments and suggestions on earlier presentations and versions of this Article: the 14th Annual National Center for Responsible Gaming Annual Conference on Gambling and Addiction, Las Vegas, Nevada (2013); the American Bar Association Gaming Law Minefield 2014 Conference, Las Vegas, Nevada; and the Eighth Annual Nevada State Conference on Problem Gambling, Reno, Nevada (2014).

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