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June
2004
Olmstead
at Five: Assessing the Impact
This
paper examines the impact of Olmstead
v. L.C. 1 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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