Reading Alexander V. Choate Rightly: Now is the Time

Leslie Francis and Anita Silvers
Additional contact information
Leslie Francis: Department of Philosophy and S.J. Quinney College of Law, University of Utah, Salt Lake City, UT 84112, USA
Anita Silvers: Department of Philosophy, San Francisco State University, San Francisco, CA 94132, USA

Laws, 2017, vol. 6, issue 4, 1-13

Abstract: Whatever happens to the Affordable Care Act (ACA) over the next few years, it is fair to assume that state Medicaid programs will be subjected to cost control measures. Despite the recent deployment of substantial arguments to the contrary, the belief still persists that the Supreme Court’s decision in Alexander v. Choate over thirty years ago stands for the proposition that disability anti-discrimination law does not impose requirements on the structure of Medicaid benefits. This belief is misleading at best. In this article, we challenge the access/content distinction and the straitened interpretation of Alexander v. Choate that has resulted from it. We then use cases drawn from education to point the way to a more robust analysis of meaningful access to health care and the constraints it places on the design of state Medicaid programs.

Keywords: disability; discrimination; meaningful access; health care; Alexander v. Choate; justice (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2017
References: View complete reference list from CitEc
Citations: View citations in EconPapers (2)

Downloads: (external link)
https://www.mdpi.com/2075-471X/6/4/17/pdf (application/pdf)
https://www.mdpi.com/2075-471X/6/4/17/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:6:y:2017:i:4:p:17-:d:114322

Access Statistics for this article

Laws is currently edited by Ms. Heather Liang

More articles in Laws from MDPI
Bibliographic data for series maintained by MDPI Indexing Manager ().