Reading Alexander V. Choate Rightly: Now Is the Time

13 Pages Posted: 26 Oct 2017 Last revised: 3 Nov 2017

See all articles by Leslie P. Francis

Leslie P. Francis

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

Anita Silvers

San Francisco State University - Department of Philosophy

Date Written: October 8, 2017

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.

Keywords: disability; discrimination; meaningful access; health care; Alexander v. Choate; justice

Suggested Citation

Francis, Leslie P. and Silvers, Anita, Reading Alexander V. Choate Rightly: Now Is the Time (October 8, 2017). Laws 2017, 6(4); University of Utah College of Law Research Paper No. 232. Available at SSRN: https://ssrn.com/abstract=3059260 or http://dx.doi.org/10.2139/ssrn.3059260

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

Anita Silvers

San Francisco State University - Department of Philosophy ( email )

1600 Holloway Avenue
San Francisco, CA 94132
United States

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