Debilitating Alexander v. Choate: ‘Meaningful Access’ to Health Care for People with Disabilities

32 Pages Posted: 5 Dec 2009  

Anita Silvers

San Francisco State University - Department of Philosophy

Leslie P. Francis

University of Utah - S.J. Quinney College of Law

Date Written: December 2, 2009

Abstract

Since the 1985 decision of Alexander v. Choate, it has generally been assumed that financially-motivated cutbacks in state-provided health care cannot be successfully confronted as discrimination against people with disabilities. This article first challenges the reading of Alexander as precluding the use of disability discrimination law to object to limitations in state financing of health care. Based on case law interpreting Title II of the ADA, it then elicits an account of "meaningful access" to public services in terms of equality of opportunity to make use of the services. State programs that fail to provide people with disabilities equal opportunity to make meaningful use of health care services can be challenged as disability discrimination. This strategy for debilitating Alexander v. Choate is especially important in light of current cutbacks in state support for public services.

Suggested Citation

Silvers, Anita and Francis, Leslie P., Debilitating Alexander v. Choate: ‘Meaningful Access’ to Health Care for People with Disabilities (December 2, 2009). Fordham Urban Law Journal, Vol. 35, p. 447, 2008. Available at SSRN: https://ssrn.com/abstract=1517426

Anita Silvers

San Francisco State University - Department of Philosophy ( email )

1600 Holloway Avenue
San Francisco, CA 94132
United States

Leslie P. Francis (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Paper statistics

Downloads
77
Rank
252,452
Abstract Views
760