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June 2004
 Olmstead at
Five: Assessing the Impact
This paper
examines the impact of Olmstead v. L.C. five years after
the United States Supreme Court's 1999 landmark decision. Olmstead
established two legal principles fundamental to health policy
for persons with disabilities. The first is that the medically
unjustifiable institutionalization of persons with disabilities
who desire to live in the community violates Title II of the
Americans with Disabilities Act (ADA), which applies to publicly
funded services. The second is that states have a legal obligation
to affirmatively remedy such discriminatory practices through
reasonable modifications to public programs and services.
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