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      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
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      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
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  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
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  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
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  • New Understandings Matter
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Transitional/ Translational Justice Monday





















We're Encouraged by this Legislative Session ---BUT There are Some Scary Reminders About How Far We Have To Go

6/20/2022

 
FEDS:  WHERE ARE YOU?
In March 2022, the US Department of Justice issued a "FINDINGS LETTER" to COLORADO re:  people with physical disabilities and nursing homes.
  • There are more "FINDINGS LETTERS" that need to be issued to Colorado and most States.
  • We are on the 100-YEAR PLAN to COMPLIANCE with EXISTING FEDERAL DISABILITY CIVIL RIGHTS LAWS.
 
  • What we really need is COMPREHENSIVE TECHNICAL ASSISTANCE and EFFECTIVE UNIFORM ADMINISTRATIVE ENFORCEMENT.
 
  • I am for INDIVIDUAL STATE INNOVATION, CREATIVITY and Tailoring.
    • There is NOT just ONE RIGHT WAY to comply with:
      • The Americans with Disabilities Act (ADA)
      • Section 504 of the Rehabilitation Act
      • Mental Health Parity & Addiction Equity
      • Medicaid Network Adequacy
      • Etc.
    • The PROBLEM is there is NOT JUST ONE WAY to NON-COMPLIANCE either.
 
  • We NEED the FEDS to provide more in the way of CONTINUOUSLY IMPROVED  DEFAULT TEMPLATES.
 
  • CMS and others are providing "GUIDANCE" sort of BUT Compliance is:
    • TECHNICALLY COMPLICATED, and
    • POLITICALLY COMPLICATED, and
    • ENFORCEMENT is PATCHY.
 
  • We do need STATES to push to bring down COSTS, BUT Ironically 2 of the things that are going to bring down costs are:
    • BETTER TREATMENTS, and
    • BREAKING DOWN BARRIERS to realizing the INTEGRATION MANDATE in the ADA
 
  • Especially for Cognitive Disability, Developmental Difference with Average or Above Average IQ --- the CURRENT PATHS TO INCLUSION  are more difficult than the MAJORITY appreciates.
    • Further, those people with Developmental Differences involving Sensory Processing and Executive Functioning are more VULNERABLE TO PSYCHIATRIC DISORDERS.
    • THEIR Strengths and Weaknesses are DIFFERENT ENOUGH that the NEURO-TYPICAL MOLD won't fit.
    • If we really put some CONSCIOUS EFFORT into MAXIMIZING the STRENGTHS and WORKING AROUND the "WEAKNESSES" ---
      • We probably can realize some COST SAVINGS.
 
  • Many people are not going to get into a HOUSE without a 30-YEAR MORTGAGE ---
    • BUT EVERYONE understands that the more YEARS you add to that MORTGAGE --
      • The more you are ULTIMATELY going to pay.
 
  • Well, the INTEREST RATE for SOCIAL EXCLUSION, INADEQUATE TREATMENTS, HOUSING & PLACEMENTS for Cognitive Disability/Difference is MANY TIMES that of the average 3O-year mortgage---
    • BOTH in TREASURE and HUMAN SUFFERING.
Picture
  • Further, we don't seem poised to REACH COMPLIANCE with EXISTING DISABILITY CIVIL RIGHTS LAWS in 30 YEARS or 60 YEARS.
 
  • In fact, it's not clear when we will reach COMPLIANCE.


 We need a Plan -- like an Olmstead Plan with:
  • Measurable Goals
  • Reasonable Time Frames, and
  • Funding to Support the Plan
In the meantime, we would like to see ON-GOING ENGAGEMENT and Yearly Reports of State Protection & Advocacy Offices with States on:
  • Olmstead
  • Parity
  • Network Adequacy
Further, State Lawyers Committees and Pro Bono Efforts should PARTNER with State P&A Offices  conduct "INVESTIGATIONS" in COORDINATION with the US Department of Justice.

Some of that is being done in States like Colorado and others.

If we are NOT going to FUND UNIFORM and EFFECTIVE ADMINISTRATIVE ENFORCEMENT --- we need to FUND P&A, Pro Bono & DOJ INVESTIGATIONS and Enforcement Efforts.

As encouraged as we all are by a new Colorado Behavioral Health Administration ---
  • the most DIFFICULT CONVERSATIONS have yet to be had, and
  • HCPF's 809.15.A.2 on Target Criteria for Colorado's MI Waiver requiring needing assistance with activities of daily living ----
    • Speaks VOLUMES about where we've been, where we still are and how far we have to go.
Picture
Cloudy Valley Morning --- photo.net

Comments are closed.

    Transitional Justice is a term used by the United Nations and others to describe measures to REDRESS MASSIVE VIOLATIONS of HUMAN RIGHTS.

    ​​Translational Justice as we're using it refers to a PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE and is meant to echo TRANSLATIONAL MEDICINE.

    ​
    Translational Justice also means listening to those people impacted by our justice policies

    That means going 360
    ° -- that's hard work
    ​



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  • Home
    • About Orchid >
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Disclaimers, Limitations and An Invitation
      • Orchid Board
      • Orchid Book Club
      • Conjecture, Science & Translational Research & Medicine
      • Orchid Themes & Symbols
      • The Tipping Point
      • Orchid's Website Advertising Policy
      • Statement for Potential Website Contributors
      • Contact
  • Blogs
    • Val's Blog
    • Val's Blog 2
    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
    • NEURO-DIVERSITY Wednesday
    • Olmstead Law & Order Thursday
    • Translational Medicine Friday
    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
    • Housing & Homelessness Index
    • Criminal Justice
    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System