Legislative declaration

(1) The general assembly finds and declares that: (a) The United States supreme court decision in Olmstead v. L.C., 527 U.S. 581 (1999), referred to in this part 11 as "Olmstead", enshrined in law the duty upon states to actively work toward helping individuals with disabilities transition out of institutions and into the community and to have community-based services available to decrease the risk of institutionalization; (b) Olmstead placed on states the obligation to administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities; (c) Segregating individuals with disabilities in institutions denies those individuals the freedom to make decisions, keeps them apart from family and friends, and denies them opportunities that exist in their communities. Segregation also denies communities the contributions that individuals with disabilities make to their communities. (d) Community-based services are cheaper in the long run than institutionalization services. (2) The general assembly further declares that codifying in state law the rights that were legally recognized as federal law through Olmstead is crucial because: (a) The fundamental rights for individuals with disabilities to live in the least restrictive setting and to have access to services in the community is consistent with Colorado's recognition of the humanity and dignity of all individuals; (b) The Olmstead decision required states to develop an Olmstead plan. Colorado's plan, called the "Colorado community living plan", was developed more than ten years ago as a collaboration between the state departments of health care policy and financing, human services, and local affairs. The plan's effectiveness has never been evaluated or updated, and the plan is insufficient; and (c) Federal law under Olmstead currently provides a private right of action to enforce the law. Therefore, the general assembly does not see a need to create a new right of action. However, if the Olmstead protections are weakened, we urge a future general assembly to strengthen these rights by creating a private right of action to further enforce this law for individuals with disabilities.