Restoring Civil Rights to the Disabled in Health Insurance

I. Introduction II. The Disabled, Health Insurance, and Benefits Discrimination ... A. The Relationship Between Medical Need and Disability ... B. Health Insurance and the Disabled ... 1. Public Insurance ... 2. Private Insurance ... C. The Role for Civil Rights in Health Insurance III. The Access/Content Distinction and Health Insurance ... A. Alexander v. Choate ... B. The Access/Content Distinction Post-Choate ... C. Critiques of the Access/Content Distinction IV. Reinstating Civil Rights for the Disabled in Health Insurance ... A. Section 1557, Agency, and the Access/Content Distinction ... 1. Section 1557 ... 2. Section 1557’s Impact on the Access/Content Distinction ... B. The Lost Precedential Value of Choate ... 1. Insurer Discretion ... 2. Administrative Burden ... 3. Adequate Health Benefits ... 4. Goals of the Rehab Act V. Restoring Civil Rights to the Disabled in Health Insurance