§ 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.