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The Integration Mandate, confusing combinations & Employment

9/28/2022

 
Picture
Conjecture
  • The US Supreme Court based its holding in "Olmstead" on the INTEGRATION MANDATE of the Americans with Disabilities Act.
  • In 1999, the Supreme Court held that "UNNECESSARY INSTITUTIONALIZATION" of people with disabilities violated Title II of the ADA -- specifically the "INTEGRATION MANDATE."
 
  • When we're thinking about "INTEGRATION" and Olmstead and especially COGNITIVE DISABILITY ---
    • We're thinking about INTEGRATION OF PEOPLE --- and
    • INTEGRATION OF KNOWLEDGE across DISCIPLINES and the SOCIETY.
 
  • For people with "PHYSICAL DISABILITIES," the INTEGRATION OF KNOWLEDGE has included
    • Construction of curb cuts and ramps
    • Hearing Devices
    • Speech Aid Devices
Picture
One of the things that has been so CONFUSING and DIFFICULT for Neuro-Diversity and Psychiatric Disorders ----
  • People can be "ASYNCHRONOUS" in ways we're not expecting --
  • They might have INTELLECTUAL, CREATIVE and/or ATHLETIC GIFTS and ---
    • Nonetheless, struggle with Executive Functioning issues such as:
      • Working Memory
      • Emotional Regulation
      • Planning
      • Organization
    • Nonetheless, struggle with Fatigue.
    • Nonetheless, struggle with OVER-EXCITABILITIES

Picture
Kaiser Family Foundation (KFF)
Asynchonous/OVER-EXCITABLE people may be/probably using LEGAL and/or ILLEGAL SUBSTANCES to "MANAGE" an unwieldy load.
  • On the legal side--
    • Caffeine
    • Sugar
    • Alcohol
    • Marijuana
    • Tobacco/Cigarettes/Vaping
    • Prescription Drugs
  • On the Illegal side ---
    • Misuse of Prescription Drugs
    • Opioids
    • Cocaine
    • Methamphetamine
    • Etc.
Picture
For the Neuro-Diverse Asynchronous Person who is more vulnerable to Psychiatric Disorders ---I would submit the reason they are more vulnerable is because their needs for "HOMEOSTASIS" don't "MATCH" with the MODERN LIFESTYLE.

AND THERE ARE "NO EXCUSES"

Picture
"SUPPORTED EMPLOYMENT" is often a component of DOJ (US Department of Justice) Olmstead Settlement Agreements --- it's often a good deal for TAXPAYERS as well in the long run.

That "SUPPORTED EMPLOYMENT" needs to include viable options for the asynchronous person who is often struggling to manage:
  • BIG STRENGTHS
  • EXECUTIVE FUNCTIONING CHALLENGES, and
  • FATIGUE
The way we avoid BURNOUT and BREAK-DOWN is not by doing nothing ----It's by:
  • Building on Strengths
  • Compensating for Executive Functioning Issues, and
  • Individualizing "TIME MANAGEMENT" ---
    • especially, for those "SLOW PROCESSORS" who sometimes to often are dealing with a much HEAVIER SENSORY/INFORMATION LOAD.

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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