700 - Legislative findings and intent.

§   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.