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We Need A Break -- A BREAK With the STATUS QUO in CO State Gov.

Well, we never got the Olmstead Compliance Workgroup we thought we had been promised.

The Hickenlooper Administration is so good @ being:
  • NICE
  • POLITE
  • CORDIAL
  • & even for having their hearts basically in the right place
BUT

The Hickenlooper Administration is HORRIBLE @:
  • Complying with the LAW, especially disability civil rights laws;
  • Doing what they say they are going to do -- @ least with respect to Olmstead;
  • having the courage to CONFRONT the State's Budget problems which are leading to widespread abuse, neglect & rights violations of Coloradans with Disabilities

NOT Surprisingly this ALL FEEDS INTO THE HICKENLOOPER ADMINISTRATION'S UNPARALLELED ABILITY TO STONEWALL.

The Hickenlooper Administration is not all bad by any stretch of the imagination -- BUT we want a BIG BREAK with the STATUS QUO.

Gov. Hickenlooper's State of the State -- 2017
 Important initiatives on affordable housing & behavioral health

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Denver Post
  • We are big supporters of the Governor's Plan to use marijuana tax money for affordable housing for homeless people; and certainly for our veterans.
  • The Behavioral Health initiative to prevent incarceration includes a comprehensive, statewide behavioral health plan (we were unfair earlier in our categorization of vague)  -- &  we SUPPORT IT!
  • The Governor's general focus on "measurable goals" in State Government dovetails very nicely with the concerns of recent Courts considering "Olmstead Plans."  So that's a hopeful sign that we will be on the same page for the Olmstead Compliance Working Group.
  • Also, just generally the Governor's  demeanor, that problems and disagreements are just the starting point to hashing things out for workable solutions  --- VERY POSITIVE.  
"But behavioral health demands our attention at all points…

"and not just as one-off efforts when problems get too big to ignore.

"There is remarkable consensus around the issue.

"From doctors to legislators to patient advocates to sheriffs…nearly everyone is in agreement on how we can improve behavioral health outcomes for Coloradans.

"Let’s not leave it to be addressed in our jails, and emergency rooms, and prisons.

"Let’s use this momentum to bring together the work we’ve already begun to create a comprehensive, statewide behavioral health plan that makes our system easier to navigate, more efficient, and more responsive."

https://www.colorado.gov/governor/news/gov-hickenlooper-delivers-annual-state-state-address-1

Why does It Matter that we comply with olmstead?

          Well, the short answers are we should comply because otherwise people with disabilities:
  • Die without proper housing and services;
  • Are institutionalized,  and for people with mental illness and brain injury often incarcerated,  or 
  • Are at great risk of institutionalization from homelessness
          Courts and Dept. Of Justice Findings Letters have articulated two extremely important concepts for State Olmstead Plans for People with Disabilities:
  • Reasonable Plans to Bring to Scale to Meet the Need (which is actually a well-known Public Health concept); and
  • Measurable Goals
Hi Everyone – The State is proposing  an Olmstead Compliance Working Group to address the issues we have raised such as:
  • Measurable Goals
  • Reasonable Plans to Bring to Scale to Meet the Need
  • Etc.
Some of the meetings would include stakeholders, some of them wouldn’t and would be with state staff.
 
We had previously advised that we really didn’t care at this time whether this was in statute or not.  One of the things the Working Group may want to consider for the future  is whether there should be some kind of statutory authorization to deal with changes in administration.  

In any case, we think it is very important that the wider disability community become involved in this effort.
 
At this point it is pretty unclear when this would begin or when the Gov.’s office might have an official statement.

Our telephone conference with Kyle Brown & Katie McCoughlin of the Governor's office

IT WAS A HUGE TRUST-BUILDER & WE WERE SKEPTICAL

Val's Take

Our Main Points
* Measurable Goals
* Reasonable Plans to bring to scale to meet the need
* Diverse stakeholder group

I don't really care if it is in statute at this time or a statute is amended to expand an existing group if we can get the above.

As some of you may know I have been  skeptical.  I was very pleasantly surprised.

The State should be getting back to us in  early January.

​

Fantastic news on moving forward in colorado olmstead planning

Dec. 7, 2016 E-Mail From CO Medicaid Director Gretchen Hammer:

​Hello Val,
 
Thank you for reaching back out about the idea for on-going comprehensive Olmstead Planning.  As we indicated in our meeting earlier this year, the Department and Hickenlooper administration remain committed to community living and supporting individuals with disabilities live in and participate fully in community.
 
Since so many State Departments are involved in this work, we have elevated this idea to the Governor’s Office.  We have fully briefed Kyle M. Brown, the Governor’s Senior Health Policy Advisor.  

We have also continued to talk about the progress on Olmstead related activities in regular meetings that include Department of Local Affairs, Department of Health Care Policy and Financing, Department of Human Services. 

Some of the recent conversations about planning have been broader than just these three agencies, so Kyle is going to be the point of contact on this idea from this point forward so he can support engagement of additional Departments.
 
I know you continue to work on other issues related to coverage and care for individuals you represent and Patrick [Dr. Patrick Fox, Deputy Director of Clinical Services for the Office of Behavioral Health] and I are happy to continue to be points of contact for those issues.
 
Thank you,
 
Gretchen  
 
Gretchen M. Hammer
Medicaid Director
Colorado Department of Health Care Policy and Financing
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Lois Curtis -- Original Plaintiff in L.C. v. Olmstead (1999), US Supreme Court Case which held that unnecessary institutionalization of people with disabilities amounts to discrimination. Also, covers those at great risk of institutionalization such as those people with disabilities who are homeless.

We didn't go away

 As Margaret Heffernan, an Innovation Expert from the UK advises:  For good ideas and true innovation, you need human interaction, human conflict, argument, debate.

From our perspective we have had some human interaction & conflict with the State -- But we really haven't had a full argument and debate of the issues.  We have had from our perspective a concerted effort from the State to suppress argument and debate of Olmstead issues.  

We "think" the State has concerns about coordinating their many worthwhile (& they are extremely worthwhile) stakeholder groups with an Olmstead Initiative AND that  is NOT a frivolous concern.

The way the State went about addressing this NOT frivolous concern was absolutely ILLEGAL in FAILING TO COMPLY WITH OLMSTEAD and we were not strong enough during the summer of 2016 to do any thing about it.

BUT as you can see we have NOT GONE AWAY.