Purposes

The purposes of this Act are— (1) to clarify and strengthen the integration mandate of the Americans with Disabilities Act of 1990, held by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999) in a manner that accelerates and improves State compliance; (2) to affirm that every individual who is eligible for long-term services and supports has a federally protected right to be integrated into that individual’s community and receive community-based long-term services and supports; (3) to ensure that States and LTSS insurance providers provide long-term services and supports to individuals with disabilities in a manner that allows individuals with disabilities to live in the most integrated setting, including the individual’s own home; (4) to ensure that individuals with disabilities have maximum control over the services and supports that allow them to live in the community; (5) to ensure that long-term services and supports are provided in a manner that allows individuals with disabilities to lead an independent life; (6) to establish a comprehensive planning requirement that includes enforceable, measurable objectives that are designed to transition individuals with all types of disabilities at all ages out of institutions and into the most integrated setting, if they choose that transition; and (7) to identify and address disparities in the provision of community-based long-term services and supports.