Next Article in Journal
Prioritising Supported Decision-Making: Running on Empty or a Basis for Glacial-To-Steady Progress?
Next Article in Special Issue
Sex, Sexuality, Sexual Offending and the Rights of Persons with Mental Disabilities
Previous Article in Journal
Tax Policy in Action: 2016 Tax Amnesty Experience of the Republic of Indonesia
Article Menu

Export Article

Open AccessArticle

Reading Alexander V. Choate Rightly: Now is the Time

Department of Philosophy and S.J. Quinney College of Law, University of Utah, Salt Lake City, UT 84112, USA
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)
Full-Text   |   PDF [187 KB, uploaded 11 October 2017]


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).

Share & Cite This Article

MDPI and ACS Style

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

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics



[Return to top]
Laws EISSN 2075-471X Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert
Back to Top