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      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
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The need for Intensive treatments, Olmstead & MISMATCHED FINANCIAL INCENTIVES

9/23/2022

 
SEEMINGLY MISMATCHED FINANCIAL INCENTIVES

Some of the "unspoken logic" behind Olmstead and Mental Health Community Services was that:
  • Intensive Community Services would be so much LESS EXPENSIVE than large MENTAL HEALTH INSTITUTIONS.
  • The problem was that we severely limited our BED SPACE and didn't adequately INCREASE ACCESS to those INTENSIVE COMMUNITY SERVICES ---
    • those INTENSIVE SERVICES may be less expensive than the HOSPITAL, BUT
    • those INTENSIVE MENTAL HEALTH SERVICES aren't  CHEAP either.
So in Colorado and most States ---
  • There isn't adequate BED SPACE, AND
  • There isn't adequate access to INTENSIVE COMMUNITY TREATMENT such as ASSERTIVE COMMUNITY TREATMENT
    • MEANING those TREATMENTS/ SERVICES are not AVAILABLE where "REASONABLY MEDICALLY NECESSARY."
    • There is generally an ARTIFICIAL LIMIT not based on NEED.
The SERVICE PROVIDERS and INSTITUTIONS who are really taking the FINANCIAL HIT are LAW ENFORCEMENT & JAILS --
  • Generally, NOT funded by the STATE but by MUNICIPALITIES & COUNTIES.
  • This has turned into a POLITICAL FIASCO and a NIGHTMARE for People with Serious Cognitive Disabilities and their Families.
 
Yeah, we're STARTING to address this ---
  • BUT Mental Health Providers riding-- with COPS is just the TIP OF THE ICEBERG.
 
SCREENING the PRISON POPULATIONS for:
  • BRAIN INJURY
  • Neuro-Developmental Differences/Disorders such as ADHD & Autism
  • PSYCHIATRIC DISORDERS, and
  • SUBTANCE ISSUES (that are often CO-MORBID with one or more of the above)
--- could be an important step in not only understanding but acquiring CRITICAL DATA to address a HUMAN RIGHTS TRAGEDY of MODERN TIMES.
Picture
Colorado State Government in the past has taken a position that is probably a position that many States take:
  • "Hey, Olmstead/the ADA don't require that any PARTICULAR or SPECIFIC TREATMENT be AVAILABLE."
  • With respect to ASSERTIVE COMMUNITY TREATMENT (the GOLD STANDARD in more ways than one for Intensive Community Treatment) ----
    • "We provide that as FUNDS  and our OUTDATED SYSTEMS allow."
 
  • This ATTITUDE is what generally leads to "ASSERTIVE COMMUNITY TREATMENT" being included as a COMPONENT of many if not most US Department of Justice Olmstead Settlement Agreements with States involving people with "MENTAL ILLNESS."
 
What Olmstead is about is preventing the "UNNECESSARY INSTITUTIONALIZATION" of people with disabilities.When we're talking about people with Neuro-Developmental Differences that can make them more vulnerable to various forms of SENSORY OVERLOAD, STRESS & PSYCHIATRIC DISORDERS that impact a wide and idiosyncratic range of EXECUTIVE FUNCTIONING ----

Rain City
Housing First & Assertive Community Treatment
(Acknowledges what many people probably in Canada & the US already know --- HOUSING ALONE is not always going to be enough)

At 6:27:  Canadian Psychiatrist tells it like it is:
  • Complex Needs
  • Flawed Systems, and
  • People who don't get "BETTER"
As the CANADIAN PSYCHIATRIST above so honestly distills:
  • You don't get people "BETTER" with COMPLEX NEEDS if the "SYSTEM THAT IS SUPPORTING YOU ISN'T VERY GOOD." 
  • The SYSTEM is flawed in BC (British Columbia) probably in most of Canada [in Colorado, and in most of the US].
We're often talking about needing a "SYSTEM" that can address a WIDE RANGE of NEEDS.
I would submit the underlying drivers of those WIDE RANGES OF NEEDS are IDIOSYNCRATIC EXECUTIVE FUNCTIONING CHALLENGES that are impacting every area of life.
AND if we do provide that SUPPORT and really LISTEN to the person's GOALS and DEVELOP & EMPLOY their STRENGTHS---Things start to look a lot "BETTER."
In some ways, this is our RESIDENTIAL SCHOOLS for INDIGENOUS PEOPLE ----
  • It is not going to be easy to come to terms with what we've done and what we're currently doing.
  • BUT if we start collecting HONEST DATA and do our best to FUND REASONABLY MEDICALLY NECESSARY Placements, Housing & Intensive Services ---
  • AND COMPLY WITH CURRENT LAW ---
  • That would be a BIG STEP IN THE RIGHT DIRECTION.
A Common Issue in the US with regard to INDIGENOUS PEOPLE and PEOPLE with DISABILITIES ---
  • It's not that the LAWS or TREATIES weren't there --
  • They were just IGNORED when it was INCONVENIENT.
  • That is certainly true for Olmstead and it's true in Colorado.

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