§ 700. Legislative findings and intent.

198 words·~1 min read·/ny/executive/most-integrated-setting-coordinating-council/700

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 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.