Section 700. Legislative findings and intent  


Latest version.
  • 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.