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13 pages, 187 KiB  
Article
Reading Alexander V. Choate Rightly: Now is the Time
by Leslie Francis and Anita Silvers
Laws 2017, 6(4), 17; https://doi.org/10.3390/laws6040017 - 8 Oct 2017
Cited by 3 | Viewed by 4408
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 [...] Read more.
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. Full article
(This article belongs to the Special Issue Health Care Law and the Rights of Individuals with Disabilities)
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