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Laws 2017, 6(4), 17; doi:10.3390/laws6040017

Reading Alexander V. Choate Rightly: Now is the Time

1
Department of Philosophy and S.J. Quinney College of Law, University of Utah, Salt Lake City, UT 84112, USA
2
Department of Philosophy, San Francisco State University, San Francisco, CA 94132, USA
*
Author to whom correspondence should be addressed.
Received: 10 August 2017 / Revised: 15 September 2017 / Accepted: 21 September 2017 / Published: 8 October 2017
(This article belongs to the Special Issue Health Care Law and the Rights of Individuals with Disabilities)
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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. View Full-Text
Keywords: disability; discrimination; meaningful access; health care; Alexander v. Choate; justice disability; discrimination; meaningful access; health care; Alexander v. Choate; justice
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Francis, L.; Silvers, A. Reading Alexander V. Choate Rightly: Now is the Time. Laws 2017, 6, 17.

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