This is so ridiculous as to be surreal. We expect people with serious mental illness who are homeless, incarcerated or otherwise institutionalized to mount legal actions against the State -- to prove what --
They aren't able to access housing; and
Intensive community mental health treatments
Ya gotta love it. I would think, and I definitely could be wrong, that in the contracts the CMS has with the States one of the provisions is that the State has to comply with the Americans with Disabilities Act and the Olmstead decision. Why not just provide a little further guidance based on DOJ Enforcement Actions and really get States on the right path. Specifically, require them to maintain waitlists moving at a "reasonable" pace and have plans to bring to scale to meet the need critical services such as housing and intensive treatments such as Assertive Community Treatment. We're having quite the Mental Health National Debate and one of many reasons for that is the pathetic state of our community mental health system. But even when we talk about doing something about Mental Health -- more bed space, no guns, whatever -- we have a hard time wrapping our heads around really adequately funding community mental health care. And that causes the need for lawsuits which we will be filing. And that's just a very impractical long term solution for people with mental illness and their advocates to get community mental health care adequately funded as legally required. In addition to trying to get this damn Complaint filed, I'm going to try to get my ideas on administrative enforcement of Olmstead published in a national publication.