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The Complicated Relationship Between the FEDS and the STATES under Olmstead

5/7/2023

It's very hard to see how we FUND the level of support needed for Cognitive Disability in the US (and for that matter around the World) ---

If we don't get some better understandings and treatments.
- There are ACCESS ISSUES --- BUT THAT IS HARDLY THE ONLY PROBLEM.

There has been a lot of cachet around the brain and all things neural ---

BUT the more we learn about "PSYCHIATRIC DISORDERS"
- The more they start to look like other disorders and diseases we're more familiar with.
  - It is the BRAIN -- but it's not just the brain.

Further, the more you look at other disorders and diseases --- the more you see that there are some "PSYCHIATRIC COMPONENTS."

Once you get to "DISABILITY" that is resulting in "UNNECESSARY INSTITUTIONALIZATION" ---

If you're in the US --- that's an OLMSTEAD ISSUE.

One of the reasons why COGNITIVE DISABILITY is such a HUGE PUBLIC POLICY ISSUE is because FAMILIES can often not afford the SUPPORT needed.

Further, if you've got a Health Care System that is arbitrarily focused on people with IQs below 70 and Neuro-Developmental DIFFERENCE/DISORDER/DISABILITY ---

What happens to those people with an IQ over 70 and a Neuro-Developmental "Disorder" -- ?

Well, they are often not identified.

RESEARCH and TRANSLATIONAL RESEARCH and MEDICINE are generally FEDERAL ISSUES.

The responsibilities for services for people with disabilities is generally a shared responsibility under Medicaid.

The responsibilities on the State to prevent UNNECESSARY INSTITUTIONALIZATION OF PEOPLE WITH DISABILITIES under Title II of the Americans with Disabilities Act and the Olmstead decision and subsequent caselaw and guidance run beyond Medicaid.

Under 504 of the Rehabilitation Act there is to be no discriminaton based on disability for programs receiving federal funding.

Disability Housing under HUD (the US Department of Housing & Urban Development is NOT an ENTITLEMENT.

The Medicaid's prohibition against FUNDING INSTITUTES of MENTAL DISEASE without MORE was well intentioned ---

Unfortunately, in many cases it gave people with "Mental Illness" and their advocates a PYRRHIC VICTORY --- rather than a TRUE VICTORY.

American Society for Biochemistry and Molecular Biology

PTSD Biomarkers Found in Blood

Neuroscience News
March 27, 2023

"A new study found that people who are currently suffering or face a high risk of post-traumatic stress disorder show particular patterns in four biomarkers measurable with a simple blood test.

"The findings suggest these biomarkers could be used to predict a person’s likelihood of developing PTSD, diagnose the disorder or monitor the response to treatment."

Kings College London

Study Maps Out Links Between Psychosis and Our Immune System

Neuroscience News
March 27, 2023

A victory in which the results of the casualties incurred are so devastating that calling it a victory is arguable.

Olmstead, Cognitive Disability and the Running of the Bulls in Spain

5/5/2023

It's easy to make fun of the video to the right --- especially when it comes to "PHYSICAL DISABILITIES."

When it comes to "COGNITIVE DISABILITIES" --- I think we're often talking a "MIDDLE OF THE ROAD" APPROACH when it comes to the "BIOLOGICAL BASIS OF BEHAVIOR"---
- And a lot of what I am proposing on this website --- is that the ROUGH MESSY APPROACH we've been taking is more and more obviously OUT-DATED.

I think the INTELLECTUAL EVIDENCE for this --- in some ways MATHEMATICAL, LOGICAL and even ALGEBRIAC --- is there ---
- Robert Sapolsky at Stanford has done an excellent job of collecting the EMPIRICAL EVIDENCE and making this case in his book "Behave: The Biology of Our Best & Worst Selves"
  - I think there is also a biology to our boring and meh selves --- but its not as interesting.

I've made this point before that some of those SOFT SOCIAL CONCERNS --- are turning into SOME HARD BIOMARKERS.

Further, those BIOMARKERS can be EXTREMELY HELPFUL to INDIVIDUAL TREATMENT.

Are we just talking about 4 BIOMARKERS for PTSD --- probably not.

Medical Dialogues
Markers of PTSD in the Blood (2023)

Channel 9 Next

CO Lawmaker Argues People with Disabilities "ASSUMED THE RISK"

When we start bringing in the Broad Categories of Factors that impact HUMAN BIOLOGY and in turn HUMAN BEHAVIOR --- that includes:

the Systems of the Body
the In Utero Environment
the Microbiome
the Physical Environment which can impact our biology, and
the Social Environment which can impact our biology

This should be greatly expanding what we mean by Mens Rea in the Criminal Law.

I think it could also greatly expand what we mean by "UNNECESSARY INSTITUTIONALIZATION" under Olmstead and Title II of the Americans with Disabilities Act (ADA).

There is already a LANDMARK OLMSTEAD SETTLEMENT AGREEMENT out of Georgia from 2010 that was intended to be a US Dept. of Justice TEMPLATE FOR THE NATION.

focused on providing appropriate housing and services for thousands of inmates with "Developmental Disability" and "Mental Illness" upon release from incarceration.

In 2023, "Mental Illness" in many cases is looking like "DEVELOPMENTAL DISABILITY" with an IQ over 70.

The Face of Madness in Neuro-Diversity & What We Can Do About It

5/4/2023

Conjecture

First, I would say that the FACE OF MADNESS is not unrelated to the FACE OF OUR CHRONIC DISEASE CRISIS.

It should not be surprising that more and more people are being born with SIGNIFICANT LEVELS of DEVELOPMENTAL INFLAMMATION and that in turn DYSREGULATES MULTIPLE SYSTEMS OF THE BODY:

it does include the CENTRAL NERVOUS SYSTEM, but it also includes
the IMMUNE SYSTEM
the ENDOCRINE SYSTEM
the MICROBIOME
the METABOLISM
and the CIRCULATORY SYSTEM --- where we are slowly starting to find BIOMARKERS IN THE BLOOD for depression and even suicidality.
- Ultimately, we may find "psychiatric" biomarkers in most of the systems of the body.

THIS DOES NOT ALWAYS IMPACT "IQ" NEGATIVELY --- IN FACT -- IT MAY IMPACT "IQ" POSITIVELY.

SENSORY PROCESSING DISORDERS are identified significantly more in the "GIFTED" population.
SENSORY PROCESSING ISSUES are common among people with NEURO-DEVELOPMENTAL ISSUES such as ADHD, AUTISM, and DYSLEXIA.
NEURO-DEVELOPMENTAL ISSUES are more and more seen as part of a CONTINUUM with PSYCHIATRIC DISORDERS.

Understanding this RELATIONSHIP between NEURO-DEVELOPMENTAL DIFFERENCES/DISORDERS and PSYCHIATRIC DISORDERS is a MAJOR BREAK-THROUGH in our understanding of these issues.

With regard to Neuro-Developmental Disorders and Psychiatric Disorders ----
- "Rejection Sensitive Dysphoria" which is now associated with ADHD and more and more Autism and other issues ----
  - Is really about EMOTIONS THAT ARE NORMAL IN EVERY WAY --- EXCEPT INTENSITY.

I think that Difference in "INTENSITY" is related to Sensory Processing Differences and other Dysregulations of the Body.

Further, the IMMUNE SYSTEM is associated with SENSORY PROCESSING and is a critical part of the BRAIN-IMMUNE-GUT Triad. The IMMUNE SYSTEM also seems to be "SCULPTING" the Brain

"NDDs (Neuro-Developmental Disorders) are one of the chapters of psychiatric nosology most likely to benefit from the approach advocated by the National Institute of Mental Health’s Research Domain Criteria project.

"Genetic research supports the hypothesis that ID (Intellectual Disability), ASD (Autism Spectrum Disorder), ADHD, schizophrenia, and bipolar disorder lie on a neurodevelopmental continuum."

Neurodevelopmental disorders—the history and futur…

www.tandfonline.com/doi/full/10.31887/DCNS.2020.22.1/macrocq

The ROLE or ROLES of the IMMUNE SYSTEM seem to be EXPANDING to SURPRISINGLY---
SOCIAL BEHAVIOR

So I would say the FACE OF MADNESS is often--

The FACE of Developmental Difference
That is HIGHLY REACTIVE
Likely has average or above average intelligence
Likely has below average "EXECUTIVE FUNCTIONING"
- Often due to the demands of INCREASED SENSORY PROCESSING.
And is often dealing with idiosycratic METABOLISM and ENERGY FLOWS ---
- HYPER-FOCUS is often a STRENGTH.

So how does all this relate to Olmstead and the UNNECESSARY INSTITUTIONALIZATION of People with Developmental Differences/Disorders and Psychiatric Disorders?

If we don't have UP-TO-DATE and INTEGRATED understandings of even the INFORMATION --- WE ALREADY HAVE ----

A LOT OF MONEY IS WASTED, and
Many more people with DEVELOPMENTAL DIFFERENCES are in not just SUB-OPTIMAL PLACEMENTS ---
- But far too often HOMELESS or INCARCERATED.

The Complicated Relationship Between the FEDS and the STATES under Olmstead

Olmstead, Cognitive Disability and the Running of the Bulls in Spain

The Face of Madness in Neuro-Diversity & What We Can Do About It

Olmstead Law & Order Thursday

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