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    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
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    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
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    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • 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
  • Research & Translational Medicine
    • 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
  • Hot Topics
    • 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?
  • 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

Transitional/ Translational Justice Monday





















"ANTI-SOCIAL ---PERSONALITY--- DISORDER"

7/31/2022

 
The Immune System, Neuro-Developmental Differences/ Disorders, Ramped Stress Responses, the Challenge of Double Empathy, Social Behavior, Ramped Up Sensory Processing, Epigenetic Changes and ---

SOCIAL ENVIRONMENTS &
INACCURATE MAPS

Conjecture

  • Neuro-Developmental Differences/Disorders, Psychiatric Disorders, and "Personality Disorders" [now starting to be CONCEPTUALIZED as Neuro-Developmental Disorders] are often papering over DEEPER INDIVIDUAL & GENERATIONAL IMMUNE ISSUES.
    • Further, this is also occurring in the CONTEXT of CHRONIC DISEASE PROBLEMS --- CANCER and AUTO-IMMUNE DISORDERS ---
      • Those PHYSICAL PROBLEMS may be more ACCEPTED by the SOCIETY in 2022 (they weren't always accepted) --
      • BUT they too OFTEN come with their own PSYCHIATRIC DISORDERS.
 
  • How that SHAKES OUT can REVEAL a lot of UNCONSCIOUS BIAS.
 
  • And how HIERARCHY was maybe a PRAGMATIC APPROACH to dealing with the CHALLENGE of COMPLEX INDIVIDUAL DIFFERENCES in COMPLEX SOCIETIES.
    • You didn't necessarily have the BANDWIDTH to UNDERSTAND or ACCOMMODATE everyone --
    • So you did your best to UNDERSTAND & ACCOMMODATE the KING & HIS CRONIES.
    • Or whoever is in POWER.
    • In MODERN DEMOCRACIES -- your POLITICAL GROUP.
 
  • Einstein:  You CAN'T SOLVE PROBLEMS at the SAME LEVEL THEY WERE CREATED.
Picture
"I think everybody's crazy, and if I'm the one being a little direct about it, that's fine by me."
 
----------Ezra Miller, American actor

Picture
Picture
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Professor Daniel Davis, University of Manchester
The Greatest Human Diversity is Within the Immune System

CO Medicaid & Homeless Coloradans w/ Mental Illness

7/20/2022

 
Issues of Harm Reduction, Level of Care, Choice and Economics
THE ISSUE
  • Some Coloradans with Mental Illness who are HOMELESS meet the criteria for CO MEDICAID Long Term Care
  • BUT they don't need assistance with activities of daily living.   This requirement for the CMHS (Community Mental Health Supports) Waiver was put in rule at 8.509.15.A.2

There has been a lot of PLAYING GAMES in Colorado Medicaid Mental Health because it is SO POLITICAL, SO EXPENSIVE & the NEED IS SO GREAT..

There are a lot of moving parts --- BUT this doesn't look like PARITY to us.

We would like to see a STATE STAKEHOLDER GROUP that specifically addressed the needs of Coloradans with Mental Illness who meet the LEVEL OF CARE for Medicaid Long Term Care BUT don't need help with activities of daily living.
  • With special attention to Coloradans who are Homeless and or being released from Jail or Prison.
Further
  • Medicaid Long Term Care generally opens up the possibility of:
    • Nursing Home Care
    • Assisted Living Care
    • In Home Care
Medicaid Home & Community Based Services "Waivers" such as the Colorado Community Mental Health Supports (CMHS) Waiver are designed for people who meet the level of care for a "nursing home" but can be served in the community.

There are many younger people with mental illness in Nursing Homes because there are insufficient services in the Community -- both on locked wards and open wards.

There are even more younger people with mental illness who are homeless and/or incarcerated because there are insufficient services in the Community.

What a Tangled Web We Weave --- What Was Really Going On In HCPF's Change of Targeting Criteria
CO's Mental Health Continuum of Care Hell
Fixing HCPF's Fair Housing Problem
Nursing Homes & Housing
Picture
8.509.15 ELIGIBLE PERSONS

A. HCBS-CMHS services shall be offered to persons who meet all of the eligibility requirements
below:
  . . .

2. Level of Care AND Target Group.
Clients who have been determined to meet the level of care AND target group criteria
shall be certified by the Utilization Review Contractor (URC) as functionally eligible for
HCBS-CMHS. The URC shall only certify HCBS-CMHS eligibility for those Clients:

a. Determined to meet the target group definition, defined as a person experiencing
a severe and persistent mental health need that requires assistance with one or
more Activities of Daily Living (ADL);


i. A person experiencing a severe and persistent mental health need is
defined as someone who:


1) Is 18 years of age or older with a severe and persistent mental
health need; and


2) Currently has or at any time during the past year leading up to
assessment has a diagnosable mental, behavioral, or emotional
disorder of sufficient duration to meet diagnostic criteria specified
within the Diagnostic and Statistical Manual of Mental Disorders
(DSM -5); and

a) Has a disorder that is episodic, recurrent, or has
persistent features, but may vary in terms of severity and
disabling effects; and

b) Has resulted in functional impairment which substantially
interferes with or limits one or more major life activities.


ii. A severe and persistent mental health need does not include:
1) Intellectual or developmental disorders; or
2) Substance use disorder without a co-occurring diagnosis of a
severe and persistent mental health need.


b. Determined by a formal level of care assessment to require the level of care
available in a nursing facility, according to Section 8.401.11-15; and


c. A length of stay shall be assigned by the URC for approved admissions,
according to guidelines at Section 8.402.50.

Our backward debates & Justice

7/11/2022

 

  • In Mental Health and Criminal Justice --- there is enough to know our Diagnostic Categories are WRONG or at the very least RESEARCHERS have raised  "REASONABLE DOUBT" about them.
 
  • As hard as it is to accept, those INACCURATE DIAGNOSTIC CATEGORIES are RELEVANT to the LEGAL CATEGORIES we've set up in Criminal Justice.
 
  • Further, this isn't about going back to the FREE WILL vs. DETERMINISM DEBATE.

 This requires a much more sophisticated PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE than what we've got.
Over 600 Research Institutions Question DSM Categories
The US "Mental Health" Debate --- Where it "IS" and Where We'd Like to See It Go
PBS NewsHour July 8, 2022
Brooks & Capehart

This is an analysis of the National Debates on Abortion & Gun Rights.

I'm posting this for the troubling discussion of "MENTAL ILLNESS" in the context of the Gun Debate.

What's troubling to me is the DISMISSIVE nature of "MENTAL ILLNESS" and more broadly "COGNITIVE DISABILITY" in the context of GUN VIOLENCE ----
  • Unfortunately that dismissiveness appears to be based on discussions with "MENTAL HEALTH EXPERTS."
 
  • What do we mean by "MENTAL ILLNESS"?
    • The DSM according to NIMH (the National Institute in Mental Health) in 2013 isn't a valid diagnostic manual ---
    • And more and more PSYCHIATRIC DISORDERS are being associated with NEURO-DEVELOPMENTAL DISORDERS.
 
  • Additionally, it is well documented that BRAIN INJURY is prominent in criminal justice populations around the world, including the US.
 
  • I'm sorry BUT this GUN VIOLENCE is NOT just the result of EVIL PEOPLE even though the acts are EVIL.
 
  • We need experts who understand there is an UNDERLYING BIOLOGY to these violent acts even if we don't call it --- "MENTAL ILLNESS." 

    Transitional Justice is a term used by the United Nations and others to describe measures to REDRESS MASSIVE VIOLATIONS of HUMAN RIGHTS.

    ​​Translational Justice as we're using it refers to a PUBLIC HEALTH APPROACH to CRIMINAL JUSTICE and is meant to echo TRANSLATIONAL MEDICINE.

    ​
    Translational Justice also means listening to those people impacted by our justice policies

    That means going 360
    ° -- that's hard work
    ​



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  • Home
    • 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
  • Blogs
    • 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
  • 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
  • US Federal
    • 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
  • Research & Translational Medicine
    • 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
  • Hot Topics
    • 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?
  • 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