Caring Like a State: Publicizing Family Caregiving through Medicalization

Abstract A growing number of Medicaid programs have expanded to employ family members to provide long-term home care to individuals with disabilities, challenging the traditional wisdom that the law systematically denies the economic value of family caregiving. This article qualitatively studies a novel dataset of fair hearing records arising out of one of these programs—New York State’s Consumer-Directed Personal Assistance Program (CDPAP)—and makes two contributions to the literature on care, disability, and the welfare state. First, this article explores the new public/private boundary of care when the state limitedly expands its public care responsibility by compensating some family caregiving, providing a more nuanced picture of how the legal system both values and undervalues care. Second, it contributes to disability law scholars’ debate about medicalization by studying how medicalization works as a state legibility project in the context of state-supported disability care. Especially for traditionally undervalued social goods such as care, medicalization provides some metrics, albeit highly constrained, to make its value visible. Meanwhile, through capturing care recipients and their families’ more expansive understandings of care’s value, this study reveals the constraints of these metrics and supports making the relational dimension of care legible to the state.

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Publication Details

Journal
Law & Social Inquiry
Published
2025-11-05
DOI
https://doi.org/10.1017/lsi.2025.10117
Primary Topic
Ethics and Legal Issues in Pediatric Healthcare
Type
article
Field-Weighted Citation Impact
0.00
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article

Caring Like a State: Publicizing Family Caregiving through Medicalization

Yiran Zhang
Law & Social Inquiry
Ethics and Legal Issues in Pediatric Healthcare
article

Caring Like a State: Publicizing Family Caregiving through Medicalization

Yiran Zhang
article en

Abstract

Abstract A growing number of Medicaid programs have expanded to employ family members to provide long-term home care to individuals with disabilities, challenging the traditional wisdom that the law systematically denies the economic value of family caregiving. This article qualitatively studies a novel dataset of fair hearing records arising out of one of these programs—New York State’s Consumer-Directed Personal Assistance Program (CDPAP)—and makes two contributions to the literature on care, disability, and the welfare state. First, this article explores the new public/private boundary of care when the state limitedly expands its public care responsibility by compensating some family caregiving, providing a more nuanced picture of how the legal system both values and undervalues care. Second, it contributes to disability law scholars’ debate about medicalization by studying how medicalization works as a state legibility project in the context of state-supported disability care. Especially for traditionally undervalued social goods such as care, medicalization provides some metrics, albeit highly constrained, to make its value visible. Meanwhile, through capturing care recipients and their families’ more expansive understandings of care’s value, this study reveals the constraints of these metrics and supports making the relational dimension of care legible to the state.

Law & Social Inquiry
Cornell University (US), New York State School of Industrial and Labor Relations (US)
Openalex Percentile: Top 55%
Ethics and Legal Issues in Pediatric Healthcare
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