National Association for Rights Protection and Advocacy

Disability Advocates Inc. v. Cuomo and Olmstead Update

Cliff Zucker & Jennifer Mathis

This workshop will provide an update about what is happening with the DAI case that was brought on behalf of thousands of New Yorkers with psychiatric disabilities who are needlessly institutionalized in large, segregated board and care homes called "adult homes." We will also discuss recent Olmstead litigation that has been brought on behalf of people with psychiatric disabilities, Justice Department enforcement of Olmstead, and trends in how the courts have interpreted Olmstead and the ADA's integration mandate.  Finally, we will discuss recent regulatory proposals by the Centers for Medicare & Medicaid Services that define what a "home and community-based setting" is.