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Rosenbaum, S, Burke, T & Teitelbaum, J. (2003) The Americans with Disabilities Act and community integration: An update on "Fundamental Alteration" litigation. Center for Health Care Strategies, Inc.
Abstract
The purpose of this report is to look at the legal aspects of Olmstead and how it affects Medicaid planning, financing and administration. It urges the legal system to look at state planning as a benchmark to determine if institutional alternatives were being introduced at a reasonable rate.
This latest report updates a previous working paper. It argues that as case law has developed, courts look at Medicaid globally, as a form of long-term care financing which must be administered with an ‘even-hand’ and they focus on the basic question of whether a state is using its long-term care resources in a way that is consistent with the Olmstead vision of community integration rather than getting involved with arguments about coverage for different subgroups of people. It suggests that state planning (including timetables and legislative activity) represent the type of evidence courts examine to determine if changes are happening at a reasonable pace.
Obtain the Full Version
PDF is available on the Center for HealthCare Strategies website. Link is below. Download the PDF
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