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  Val's Blog

State Audit Requests, A New Governor Next Year, & Olmstead Can't Serve as an International Model If We Won't Comply With It

1/13/2018

 
My Take & Update: 

              I think Medicaid Community Mental Health Services are hard for States because they are paying a lot for mental health services.  So the problem isn't so much that they aren't spending any money, but that isn't really well correlated with the NEED.

                  If States are adequately addressing the NEED, by and large you're not going to have a lot of homeless and incarcerated people with mental illness.  That includes other disabilities as well such as traumatic brain injury and developmental disabilities.

                    NOW one may say:  These people are refusing "treatment."  Well, one of the things that makes it more expensive and actually more effective, is that the "treatments" need to be individualized to the person and they NEED to be strength-based and person-centered and person-directed to the extent possible.

                          That "extent possible" is generally quite a bit and it can be time-consuming.  On the other hand, it is generally more effective and ultimately cost effective.

                                  When we look @ the Finnish model "Open Dialogue" that has now been adopted in some other countries, including piloted in Massachusetts and Georgia in the US, upfront it is NOT cheap.

                                         It is over the long-term that it is cost-effective.

                                       We are talking to other mental health and housing advocates about probably looking @ seeking 2 separate audits:
  • The Sufficiency of Medicaid Mental Health Community Services for Specific Populations -- that will probably also look @ what is available from CDHS.
  • AND Housing for People with Disabilities generally with an eye to the State's Obligations under Olmstead.

           We are hopeful that a new Governor will be more inclined to address our concerns on Olmstead Planning.  There is NO GUARANTEE of that, and in fact things could get worse, we hope they don't.

             As an aside I was contacted yesterday by a Judge in the United Kingdom who handles mental health and child protection matters and is also a professor of Mental Capacity Law @ University College London.  He is interested in Human Rights and has done some work with African countries, wanting to know if there were "endeavors" we might partner together on.

              What I'm thinking and have been thinking for some time is that Olmstead and Olmstead Planning is such a great model for the rest of the world --- BUT WE DON'T DO IT!

                    How do we make this something that is just NOT on paper and is ridiculously hard to enforce?  How do we get Governments to participate?  Is "reasonable" too vague? Do we need to nail this down -- is all this "reasonableness" just causing confusion. 

                       That's what they finally had to do in the Family Law context with support issues -- provide specific guidelines.

                        This really is a "support issue."   The legal responsibility of the State to "support"  people with disabilities to live in the Community who are institutionalized or @ great risk of institutionalization.

  


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    Val Corzine
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    Orchid Mental Health Legal Advocacy of Colorado

    Out there on that neuro-diversity spectrum

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  • 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]
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  • 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?