Human Rights,Civil Rights: Prescribing Disability Discrimination Prevention in Packaging Essential Health Benefits

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See Alder , supra note 1.

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Amundson R. , s.v. “Health Resource Rationing,” in Albrecht G. , ed., Encyclopedia of Disability (Thousand Oaks, CA: Sage Publications, 2006): 841–845. Important differences may be elided in how this argument is made. One view is metaphysical: That people with disabilities are different in kind from others whose lives are of greater value. Another view is normative: That because they are different in kind (or perhaps for some other reason), they have different moral status and so whatever value their lives have will count less than the lives of the non-disabled. Still another view is empirical: That because of their disability, their lives will feature experiences of lesser value, so even if they count equally the same benefit will be worth more for a person without the disability. An illustration of this last view is the claim that blind people, because they cannot experience visual perceptions, live less rich lives and therefore benefit less from life-saving cancer treatment than do sighted people. An illustration of the metaphysical view is that blind people are different in kind from sighted people, and an illustration of the normative view is that they are therefore of lesser moral status.

Silvers A. , “Predicting Genetic Disability While Commodifying Health,” in Bickenbach J. Wachbroit R. Wasserman D. , eds., Quality of Life and Human Difference (Cambridge: Cambridge University Press, 2005): 43–66.

“For Medicare to cover a power wheelchair or scooter, the physician must state that the patient needs it due to a medical condition from which the individual suffers. Medicare won't cover a power wheelchair or scooter that is only needed for the individual to go outside the home.” Centers for Medicare & Medicaid Services, “Medicare Coverage of Durable Medical Equipment & Other Devices,” at 5, available at <http://www.medicare.gov/Publications/Pubs/pdf/11045.pdf> (last visited October 8, 2013).

For example, Blue Cross and Blue Shield of Montana considers a power wheelchair not medically necessary if it is needed for ambulation outside of the home. Consequently, an individual who can walk from his bed to the bathroom, but not the additional distance to the corner grocery store or the doctor's office two blocks away would not qualify for a mobility scooter that enabled him to obtain food and medical care. Medical Codes, “Wheelchairs and Wheelchair Accessories,” available at <https://www.bcbsmt.com/MedReview/Policies/WheelchairsandAccessories/v101.aspx> (last visited October 8, 2013).

Lagu T. , “Access to Subspecialty Care for Patients with Mobility Impairment: A Survey,” Archives of Internal Medicine 158, no. 6 (2013): 441–446.

See also Peace W. William , “New York Times Misses the Point Yet Again: Inaccessible Doctor Offices,” 2013, available at <http://badcripple.blogspot.com/2013/05/normal-0-false-false-false-en-us-ja-x.html> (last visited October 8, 2013);

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Id. (Fagan); for further discussion,

see also Finnis J. , Natural Law and Natural Rights (Oxford: Clarendon Press, 1980)

and Shue H. , Basic Rights: Subsistence, Affluence, and U.S. Foreign Policy (Princeton: Princeton University Press, 1980).

Townley Cynthia , “Animals and Humans: Grounds for Separation?” Journal of Social Philosophy 41, no. 4 (2010): 512–526. For a discussion of human exceptionalism in regard to cognitive disability,

see McMahan J. Kittay E. , “Cognitive Disability, Cognitive Enhancement & Moral Status,” Q&A Session at “Conference on Cognitive Disability: Its Challenge to Moral Philosophy,” Stony Brook University, New York, available at <https://podcast.ic.sunysb.edu//blojsom_resources/meta/phicdc/36-KITTAY%3AMcMAHAN_Q%26A.mp4> (last visited October 22, 2013).

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See Silvers , supra 21.

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See Silvers , supra note 28.

See Degener , supra note 14.

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See Silvers , supra note 28.

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Id.

Sieghart P. , The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights (Oxford: Oxford University Press, 1985).

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Universal Declaration of Human Rights, at Arts. 3–19, available at <http://www.un.org/en/documents/udhr/> (last visited October 9, 2013).

Id, at Arts. 20, 21.

Id., at Arts. 22–27.

We have argued elsewhere that even people who are not articulate are able to formulate conceptions of their good that require respect from others (see Silvers and Francis, supra note 27;.

see Francis L. P. Silvers A. , “Liberalism and Independently Scripted Accounts of the Good: Meeting the Challenge of Dependent Agency,” Social Theory and Practice (2007): 311–334.

People with Disabilities and the Affordable Care Act, 42 U.S.C. § 12201(c) (2013), available at <http://www.healthcare.gov/law/information-for-you/people-with-disabilities.html> (last visited October 9, 2013).

For example, Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1115 (9th Cir. 2000). Courts have interpreted the statutory language – place of business – literally.

29 U.S.C. § 794 (2013).

42 U.S.C. § 12132 (2013).

Alexander v. Choate, 469 U.S. 287 (1985).

Francis L. P. Silvers A. , “Debilitating Alexander v. Choate: ‘Meaningful Access’ to Health Care for People with Disabilities,” Fordham Urban Law Journal 35, no. 3 (2008): 437–477.

Healthcare.gov website, available at <www.healthcare.gov> (last visited October 9, 2013).

Abelson R. , “Bearing Down on Health Costs,” New York Times, May 27, 2013, at B1, available at <http://www.nytimes.com/2013/05/28/business/cadillac-tax-health-insurance.html?pagewanted=all&_r=4&> (last visited October 9, 2013).

Gabel J. , “Taxing Cadillac Plans may Produce Chevy Results,” Health Affairs 29, no. 1 (2010): 174–181.

CMS, Center for Consumer Information & Insurance Oversight, “Additional Information on Proposed State Essential Health Benefits Benchmark Plans,” available at <http://www.cms.gov/CCIIO/Resources/Data-Resources/ehb.html> (last visited October 9, 2013).

Adelson J. , “Louisiana Cuts Health Care, Medicaid and Hospice Programs to Rebalance Budget,” available at <http://www.nola.com/politics/index.ssf/2012/12/louisiana_cuts_health_care_med.html> (last visited October 9, 2013). Medicaid Watch has a list of planned state cuts (and a few expansions, to be fair) as of April 30, 2013, available at <http://www.adapadvocacyassociation.org/pdf/Medicaid_Watch.pdf> (last visited October 9, 2013).

Rabin R. C. , “Could Health Overhaul Incentive Hurt Some?” New York Times, April 12, 2010, available at <http://www.nytimes.com/2010/04/13/health/13land.html> (last visited October 9, 2013). For a criticism of such “fat taxes,”

see Rausch R. L. , “Health Cover(age)ing: The Weight of Health Insurance Fat Taxes,” Nebraska Law Review 90, no. 4 (2012): 201–251.

PPACA § 2705(a)(1).