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      • 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)
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      • 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]
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MissiSSIPPI Olmstead COMPLAINT -- PRAYER FOR Relief

5/16/2022

 
We're going to be working on what is it that we would be asking the COURT to DECLARE for purposes of a DECLARATORY JUDGMENT.

We're going to be starting with our "CONCLUSION" which we're taking from the Prayers for Relief from actual Federal Olmstead Complaints filed by the United States Department of Justice seeking Declaratory Judgment among other things. 

MISSISSIPPI
(see  Examples of Olmstead Complaints with a Request for Declaratory Judgment)


​"Issue a declaratory judgment that Defendant has violated Title II of the ADA by failing to make reasonable modifications to services, programs, or activities for adults with mental illness to enable them to obtain the services, programs, and activities they require to reside in the most integrated setting appropriate to their needs"
COLORADO

We're TAILORINGLY this to address COLORADANS with physical and/or cognitive disabilities who are:
  • INSTITUTIONALIZED or 
  • AT RISK of INSTITUTIONALIZATION

Due to the STATE'S failure to make reasonable modifications to services, programs or activities, specifically failing to:
  • bring SUPPORTIVE HOUSING to SCALE to meet the need; or
  • have a COMPREHENSIVE, EFFECTIVELY WORKING PLAN to do so with ---
    • ​MEAURABLE GOALS 
    • REASONABLE TIME FRAMES, and
    • Sufficient Funding to address the UNMET NEED or SHORTAGES as the result of INADEQUATE FEDERAL, STATE or LOCAL FUNDING.​
We're couching this in terms of "SUPPORTIVE HOUSING" which includes both the Housing & the Supports.
AN ASIDE:  We are strong believers in HOUSING FIRST and the moral urgency of it ---- BUT ---Especially when it comes to NEURO-DEVELOPMENTAL DISORDERS and PSYCHIATRIC DISORDERS --- a lot of the need is a result of needing to address EXECUTIVE FUNCTIONING issues in MULTIPLE SPHERES OF LIFE in an ENVIRONMENT which individuals themselves and the community may be largely ignorant of the different needs of  NEURO-DIVERSE PEOPLE.Further, that UNCONSCIOUS HOSTILE ENVIRONMENT is putting UNHEALTHY PRESSURE and UNWITTING DISCRIMINATION on people who are quite vulnerable to PSYCHIATRIC DISORDERS.And make REASONABLE ACCOMMODATIONS for those Executive Functioning issues ---
  • but as the NEURODIVERGENT REBEL pointed out --- it's people (and service providers, friends and family working together ) to better DEFINE what they NEED in terms of specifics to address ACCOMMODATIONS / WORK AROUNDS for Executive Functioning Differences / Deficits.
  • Right now the "BOUNDARIES" of NEURO-DIVERSE PEOPLE are running head long into the "BOUNDARIES"  of NEURO-TYPICAL PEOPLE (and for that matter other NEURO-DIVERSE PEOPLE) and we need to "CONSCIOUSLY" address that.
  • ​The answer is NOT to put people who are NEURO-DIVERSE in a BUBBLE ---
  • It's to develop those STRENGTHS which tend be SUBJECT MATTER or ARTISTIC STRENGTHS that serve as OUTLET for an enormous SENSORY PROCESSING LOAD. 

  • ​Further, that IGNORANCE is leading to a quite UNCONSCIOUS HOSTILE ENVIRONMENT for people with Neuro-Developmental Disorders across a BLURRED SPECTRUM of AUTISM and ADHD.










  • For many people with disabilities  --- it is not clear that HOUSING ALONE would prevent unnecessary institutionalization or the great risk of institutionalization inherent in homelessness.
  • Further, the University of California at San Francisco Study found that HOUSING paired with VOLUNTARY SUPPORTS for even people experiencing some of the most significant impairment was successful.

Comments are closed.

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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