700. Legislative findings and intent. The Americans with Disabilities Act requires New York state to ensure that people of all ages with disabilities reside and function in the most integrated setting possible. This requirement was recognized and upheld by the Supreme Court in the case of Olmstead, Commissioner, Georgia Department of Human Resources, et al. v. L.C., by zimring, guardian ad litem and next friend, et al. (138 F. 3d 893). While New York state provides community supports for people of all ages with disabilities and while the state of New York does operate a home and community-based waiver medicaid program, the legislature hereby finds that New York state has no centralized mechanism in place to determine whether or not people of all ages with disabilities are residing in the most integrated setting possible. In order to ensure that the state of New York is in compliance with the requirements of the Olmstead decision, the legislature hereby finds that it is incumbent upon New York state to develop and implement a plan to reasonably accommodate the desire of people of all ages with disabilities to avoid institutionalization and be appropriately placed in the most integrated setting possible.
Last modified: February 3, 2019