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Reading Alexander V. Choate Rightly: Now is the Time

Author

Listed:
  • 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)

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.

Suggested Citation

  • Leslie Francis & Anita Silvers, 2017. "Reading Alexander V. Choate Rightly: Now is the Time," Laws, MDPI, vol. 6(4), pages 1-13, October.
    • Handle: RePEc:gam:jlawss:v:6:y:2017:i:4:p:17-:d:114322
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    Citations

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    Cited by:

    1. Valarie Blake, 2017. "Rethinking the Americans with Disabilities Act’s Insurance Safe Harbor," Laws, MDPI, vol. 6(4), pages 1-14, November.
    2. Harold Braswell, 2017. "From Disability Rights to the Rights of the Dying (and Back Again)," Laws, MDPI, vol. 6(4), pages 1-17, December.

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