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Olmstead and Institutionalization of People with Disabilities---the Need for Better Understandings & Treatments

9/21/2024

Val's Take

The primary institutions where people with Neuro-Developmental Disorders, Psychiatric Disorders and Brain Injuries find themselves are Jails and Prisons.
When the Criminal Law was developed over hundreds, thousands of years --- the question of "INTENT" or "MENS REA" was a sophisticated question.
It is still an important question,
In 2024, it is not the question we should end with.
What are the biological mechanisms that are causing this INTENT?
- If the person's Microglia are eating the person's brain synapses --- that might be important.

I do think there is a HARM REDUCTION component to Olmstead.

All secure placements are not created equal.

Feds step up with resources to address behavioral health in homelessness or at risk of homelessness

9/13/2024

United States Interagency Council on Homelessness Announces ---

New Federal Resources for Addressing Behavioral Health Needs of People Experiencing or At Risk of Homelessness

The need for olmstead compliance measures

9/11/2024

Val's Take

I had been of the opinion that the US Department of Justice guidance on Olmstead was sufficient.
It seems that after Chevron was struck down by the US Supreme Court this year, it would be better to have Congress address State non-compliance with Olmstead.
That could get a lot of issues out on the table and set some priorities.

HOUSING
The big challenge had been Housing and still is, but HUD has really stepped up with "Olmstead" housing vouchers.

I think if the Feds and the States can agree to consistently cover Housing for people with disabilities with Long Term Care Needs --- great.

Municipalities and Counties are generally in the mix, too and often on the front lines.

Recently, the Biden Administration issued new rules to address COMPLIANCE with the 2008 Mental Health Parity & Addiction Equity Act.

Were the private insurance companies doing nothing on mental health and addiction?--- No.

But there was not substantial compliance with the law.

The situation is similar with Olmstead and the States.

HEALTHCARE & EDUCATION--
NUMERIC STAFFING

Staffing problems exist throughout the society.
People are aware at least to some degree of staffing problems in Healthcare and Education.
I have my own take on this:
- I think some (not all) of these problems bleed over to Law Enforcement and the Court System.
- We're horrified and rightly so in some cases -- I think there's an argument to be made that Law Enforcement and the Court System are being "Scapegoated" for inadequate staffing in Healthcare and Education.

Staffing

EMPLOYMENT
Employment has to be included but there needs to be more support for Employers.

Olmstead and Institutionalization of People with Disabilities---the Need for Better Understandings & Treatments

Feds step up with resources to address behavioral health in homelessness or at risk of homelessness

The need for olmstead compliance measures

Olmstead Law & Order Thursday

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