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      • What we mean by "mental health" -- Neurologically Diverse
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
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  • Hot Topics
    • 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
    • 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?
      • CO Olmstead Housing Data Dashboard
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities-- Orchid Has a Zero Tolerance Policy: What Does Colorado Have?
  • Risks for Suicidality & Homicidality in Psychiatric Medication
  • Orchid's Resources on Diet, Exercise & Mental Health
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW

Some observations & Arguments regarding
​

the need for administrative enforcement of Olmstead

Val's Take                 

                    The 2010  US Dept. of Justice [DOJ] Findings Letter to Delaware [see article below this one] is we believe a game-changer AND it's full importance to Olmstead Enforcement barely tapped.

                    "Olmstead" is, of course, the 1999 US Supreme Court decision in which the US Supreme Court held that unnecessary institutionalization of people with disabilities amounted to discrimination under the Americans with Disabilities Act (ADA).
                     

                     The Ridiculous, Ridiculous Reality
  • ​DOJ doesn't have the resources to enforce Olmstead consistently, effectively, & uniformly across the country;
  • What about Disability Organizations?  They are usually strapped for time & money too.
  • What about Other Legal Organizations or Unrelated Law Firms  -- well, sometimes and they may need a lot of support in what can be esoteric areas of the law.
  • Now the 2010 DOJ  Comprehensive Settlement Agreement with Georgia involving Mental Health & Developmental Disability Services was Supposed To Serve As A Template for the States.
  • Well, certainly Colorado didn't follow that -- probably didn't even know about it -- and most States didn't follow it either.
  • Our CO MI Class Action was a combined Declaratory Judgment & Injunction Relief Action which did require named plaintiffs.
  • Unfortunately fr​om our perspective that opens up this Pandora's Box of procedural nitpicking -- that really is at bottom a Systems Case & really SHOULDN'T HAVE TO GO THROUGH THE COURT SYSTEM AT ALL
  • It seems to us that the principles in the 2010 DOJ Findings Letter to Delaware should be enforced  against all the States administratively with the States having the ability to seek exceptions for good cause shown.
Picture

DOJ has already laid Important Groundwork .  .  .

Current status of olmstead enforcement/compliance 
activities in Colorado

  • We dismissed without prejudice our MI Olmstead Complaint in the Summer of 2016.
  • In January 2017, Governor Hickenlooper's Office proposed:
    • A Olmstead Compliance Work Group that would be inclusive of all disabilities not just mental illness; 
    • In the Governor's State of the State, he spoke of a "Comprehensive" Behavioral Health Care Plan.
    • We are waiting to hear back from the Governor on the specifics with regard to time, place, etc.

"Bringing to Scale to Meet the Need" AS A MATTER OF LAW

Within their service array, Delaware’s existing community system is already providing services such as Assertive Community Treatment programs (“ACT”) and scattered site supported housing that are essential to achieving the requirements of Olmstead.

Thus, in most respects, what is needed is not new to the system, but rather a phasing out of dated models to be consistent with appropriate practices and bringing to scale those community programs that are already providing effective integrating services.

Accordingly, providing community services individuals in or at risk of entering DPC would work only a reasonable modification of the State's program. Olmstead, at 603. 
                 See:
  • 2010 U.S. Dept. of Justice Findings Letter to Delaware (see especially beginning @ p. 8)
  • Technical Assistance from the World Health Organization (WHO) on "Scaling Up"  -- it's not all relevant and a surprising amount of it is relevant
What We Want:
  • a Comprehensive
  • Effectively Working Olmstead Plan
  • To bring Housing & Services to Scale to Meet the Needs
  • of People with Disabilities to avoid unnecessary institutionalization or great risk of institutionalization such as is inherent in homelessness
  • With Specific Measurable Goals  

Copyright 2018 Orchid Mental Health Legal Advocacy of Colorado, Inc.
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  • Home
    • Statement for Potential Website Contributors
    • Disclaimers, Limitations and An Invitation
  • Orchid's A-Z Index
  • Donate Now
  • About
    • About Orchid >
      • What we mean by "mental health" -- Neurologically Diverse
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Orchid Board
      • Orchid Book Club
      • Orchid Policy Priorities
      • Val's Blog
  • Hot Topics
    • 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
    • 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?
      • CO Olmstead Housing Data Dashboard
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities-- Orchid Has a Zero Tolerance Policy: What Does Colorado Have?
  • Risks for Suicidality & Homicidality in Psychiatric Medication
  • Orchid's Resources on Diet, Exercise & Mental Health
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
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