Orchid Advocacy
  • Home
  • Blogs
  • Orchid's A-Z Index
  • US Federal
  • Research & Translational Medicine
  • Hot Topics
  • 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

Pixabay
​

our proposed "Roadmap" for CO Medicaid's Volume 8

When things Start to go "South" for the patient -- & Providers & Others are not aware of "real" Alternatives that are out there -- Including "Reasonable accommodations" &/or Outpatient certification

                     One of our BIG pet peeves is that providers, law enforcement and media are sometimes NOT clear on Colorado's Mental Health Certification Law* -- and their answer to our Mental Health Crisis for a long time was to amend the Civil Commitment Statutes.
                     That really changed in a BIG way with this Legislative Session -- really trying to get @ the Systemic Problems.
                     We created a breakdown of 72-Hour Holds & Court-Ordered Mental Health Evaluations:  THEY ARE 2 DIFFERENT THINGS.   We were providing that @ $10 -- it is now on sale:  FREE. 
                

                      SO why are we doing this?  We  want to get everybody certified, right?  WRONG.  We want providers & their attorneys to understand  that in most cases they are making the WRONG CHOICE when they call the cops when they have every ability to make REASONABLE ACCOMMODATIONS &/or seek Mental Health Certification.

                       So what is the "ROADMAP" that we would like to see in Volume 8, and really is already in the LAW but is NOT as clear as it needs to be:
  • Low  Level Behavioral/Status Issues that are not dangerous.
    • ​Reasonable Accomodations: 
      • Could include calling in an EXPERT for advice 
      • Additional Staffing
      • Etc.
    • ​​Proposing a Higher or Different Level of Care in the Community
      • ​Intensive Case Management
      • Assertive Community Treatment
      • CO Medicaid Mental Health Residential Services -- provider is certified as an Assisted Living Residence
                               [These levels of care should consider Reasonable     
                               Accommodations when necessary & appropriate as well.]
​
  • Medium to High Behavioral/Status Issues:  dangerousness - gravely disabled​​
    • ​Put on a 72-Hour Hold [imminent danger to self or others  or gravely disabled] or Seek Court-Ordered Evaluation [danger to self or others or gravely disabled]  IF necessary, meaning the person will not voluntarily accept treatment, which can include treatment in the community --
    • MANY people @ this Stage will ACCEPT help -- in fact may be BEGGING FOR IT -- BUT because of their significant mental disabilities they will need SIGNIFICANT, SIGNIFICANT ASSISTANCE -- don't expect individuals @ this level of Behavioral Need/Status or DISABILITY to COORDINATE ANYTHING.
    • Reasonable Accommodations are legally required here as well.
    • Proposal for a voluntary acceptance of a higher level of care.
​
  • High Behavioral/Status Issues:  including imminent danger, danger & gravely disabled
    • ​If someone is in imminent danger -- SAFETY FIRST.
    • Providers --if you've got time to file a petition for restraining order you've got time for a 72-Hold or a Petition for a Court-Ordered Evaluation.
    • Reasonable Accommodations are legally required here as well -- obviously what is "reasonable" may be different in exigent circumstances.
    • Proposal for voluntary acceptance of a  higher level of care.
 ​
  • Finally, we need an INCLUSIVE after the fact "Root Cause" analysis of every situation in which a Medicaid provider:
    • ​filed a restraining order
    • filed criminal charges, 
    • called the police, or
    • a Medicaid recipient ended up homeless or incarcerated.
                   [Our contention is that not only are most of these situations preventable, BUT many of the tools we need to do that -- WE ALREADY HAVE -- but we are NOT utilizing them to the extent necessary and in some cases as legally required.]   

NOTE:
* State Mental Health Certification laws are independent of Medicaid -- but many people who may be subject to them are on Medicaid.  So State Medicaid agencies really need a clear policy on certification because their members are more likely to be subject to such proceedings. 

Further, the need for such proceedings or resort to even less desirable alternatives often implicate the need to make reasonable accommodations in policy, practice and procedure for people with mental illness.    
      
Your browser does not support viewing this document. Click here to download the document.
CO Medicaid's Too Dangerous/Too Difficult To Treat Problem
CO's Office of Behavioral Health: Laws & Rules
Gravely Disabled
Picture
 

As one therapist with Denver's St. Francis Center said,



​"You need a caseworker, to get a caseworker."

Picture

​Orchid:

& sometimes it takes an Attorney to get an Intensive Case Manager 


Orchid:  Email

Crisis Services in Colorado, the US & Around the World

​Copyright 2025  Orchid Mental Health Legal Advocacy of Colorado, Inc.
Web Hosting by iPage
  • Home
  • Blogs
  • Orchid's A-Z Index
  • US Federal
  • Research & Translational Medicine
  • Hot Topics
  • 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
  • Back
  • Home
  • About Orchid >
  • Back
  • 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
  • Back
  • 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
  • Back
  • 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
  • Back
  • 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
  • Back
  • Research & Translational Medicine
  • Immunology & Mental Health >
  • University of Chicago: Institute of Translational Medicine
  • Back
  • 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
  • Back
  • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
  • Anti-Social Personality Disorder >
  • Executive Functioning & "Prison Brain" >
  • Medicaid & Medicare Network Adequacy >
  • Medicaid Mental Health & Substance Use Disorder Parity >
  • Olmstead Disability Rights >
  • Back
  • 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
  • Back
  • Executive Functioning & "Prison Brain" >
  • Job Accommodation Network on Executive Functioning Deficits
  • Back
  • 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)
  • Back
  • 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]
  • Back
  • 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?
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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?
  • Empty Cart
Subtotal: $0.00
Checkout