I have said this numerous times, and I don't think I can say it enough --- It is NOT that the State is doing NOTHING. It is that they are not doing enough to comply with the law, and most importantly to address the problems of people with mental illness:
who are homeless,
lacking access to housing, intensive treatments such as Assertive Community Treatment,
and what has been brought home once again after the death of Michael Marshall in the Denver Jail -- adequate and sufficient jail diversion programs statewide.
The reality is that typically at least under Olmstead -- there are provisions for "waitlists moving at a reasonable pace" and "reasonable plans to bring to scale to meet the need."
Americans with Disabilities Act (ADA) (1990) & the US Supreme Court's decision in Olmstead (1999)
The State has been determinedly uninterested in any discussions to bring Colorado in compliance with Olmstead using waitlists moving at a reasonable pace and reasonable plans to meet the need for housing and assertive community treatment.
As much fun as it is for a public interest lawyer to demonize the State, the reality is -- they are making it pretty easy.
At some point this will all be over, we will ultimately, ultimately get our Complaint filed, DOJ may or may not intervene, the State if forced may actually come to the table or not or we will have our hearing before a Federal Judge --- But right now there's actually some time for the State to signal that:
They actually do care;
They actually can comply with the law;
They actually can engage in good faith negotiations
Very few people in the mental health community believe the State can or will do those things, and those beliefs are based on the State's past behavior -- what mental professionals will tell you is one of the best predictors of future behavior.
This is an interesting statement of the law (the Mental Health Parity Addiction Equity Act (2013) from CMS ---has some good things from our perspective, although they seem to be under the illusion that they can exempt themselves from parts of the Act when its inconvenient --- Hmmmm . . . probably not. But unless somebody challenges it, they can. (Ya Gotta Love It)
Equal Protection & Due Process Clauses of the 14th Amendment to the US Constitution (1868)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction theequal protection of the laws.