Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-skm99 Total loading time: 0 Render date: 2024-04-26T22:14:42.740Z Has data issue: false hasContentIssue false

11 - Making “Meaningful Access” Meaningful: Equitable Healthcare for Divisive Times

from Part IV - Equality, Expertise, and Access

Published online by Cambridge University Press:  08 April 2020

I. Glenn Cohen
Affiliation:
Harvard Law School, Massachusetts
Carmel Shachar
Affiliation:
Harvard Law School, Massachusetts
Anita Silvers
Affiliation:
San Francisco State University
Michael Ashley Stein
Affiliation:
Harvard Law School, Massachusetts
Get access

Summary

Meaningful access to social participation sets a standard for repairing harms imposed by disability discrimination. To be meaningful, access must secure more for people for whom opportunity has been arbitrarily proscribed than merely ushering them through a newly unbolted door only to confront further barriers impelled by bias. Meaningful access to a social process is diminished or denied when individuals, due to disability, are prevented from achieving the benefits that generally motivate individuals to participate in that process. Yet interpreting the meaningful access standard has proved elusive for courts. An influential early decision made the illusory affirmation that the door was open to people with disabilities receiving Medicaid because they had the same fourteen days of eligibility for hospital care as others, even though they disproportionately required longer hospital stays to achieve similar care goals.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×