Reading Alexander V. Choate Rightly: Now is the Time
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...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
MDPI AG
2017-10-01
|
| Series: | Laws |
| Subjects: | |
| Online Access: | https://www.mdpi.com/2075-471X/6/4/17 |
| _version_ | 1797999464123727872 |
|---|---|
| author | Leslie Francis Anita Silvers |
| author_facet | Leslie Francis Anita Silvers |
| author_sort | Leslie Francis |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-11T11:05:02Z |
| format | Article |
| id | doaj.art-56863fdb46184b539e1b91a6535e10c9 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-11T11:05:02Z |
| publishDate | 2017-10-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-56863fdb46184b539e1b91a6535e10c92022-12-22T04:28:24ZengMDPI AGLaws2075-471X2017-10-01641710.3390/laws6040017laws6040017Reading Alexander V. Choate Rightly: Now is the TimeLeslie Francis0Anita Silvers1Department of Philosophy and S.J. Quinney College of Law, University of Utah, Salt Lake City, UT 84112, USADepartment of Philosophy, San Francisco State University, San Francisco, CA 94132, USAWhatever 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.https://www.mdpi.com/2075-471X/6/4/17disabilitydiscriminationmeaningful accesshealth careAlexander v. Choatejustice |
| spellingShingle | Leslie Francis Anita Silvers Reading Alexander V. Choate Rightly: Now is the Time Laws disability discrimination meaningful access health care Alexander v. Choate justice |
| title | Reading Alexander V. Choate Rightly: Now is the Time |
| title_full | Reading Alexander V. Choate Rightly: Now is the Time |
| title_fullStr | Reading Alexander V. Choate Rightly: Now is the Time |
| title_full_unstemmed | Reading Alexander V. Choate Rightly: Now is the Time |
| title_short | Reading Alexander V. Choate Rightly: Now is the Time |
| title_sort | reading alexander v choate rightly now is the time |
| topic | disability discrimination meaningful access health care Alexander v. Choate justice |
| url | https://www.mdpi.com/2075-471X/6/4/17 |
| work_keys_str_mv | AT lesliefrancis readingalexandervchoaterightlynowisthetime AT anitasilvers readingalexandervchoaterightlynowisthetime |