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    • Val's Blog
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    • ​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
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    • 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

Looking to Collaborate with Atlantis

8/11/2023

 
Val's Take
  • So the first thing I should say is that Mike Oxford with Atlantis gave me a little TUTORIAL on OLMSTEAD in our conversation in late July.
  • "Hey, I already know a lot about Olmstead --- Buddy" (and actually I do know a lot --- But I don't know everything).

History of Using the ADA's "Integration Mandate" in the Context of LONG TERM CARE
  • Mike credits legendary Disability Rights Attorney Steve Gold with being the first to use the Integration mandate in the context of LONG TERM CARE --- to get some residents out of nursing homes back east.
  • That rationale was ultimately used in Olmstead which involved a Mental Health Institute in Georgia.

Further --- Steve Gold served as an attorney for Atlantis and ADAPT (begun in DENVER).
Picture
Interim Director of Atlantis --- Mike Oxford
As far as I know, the US Department of Justice (DOJ) was the first to use Olmstead in a LARGE WAY in the context of INCARCERATION.

This involved a 2010 Settlement Agreement with the State of Georgia to provide housing and services for THOUSANDS of GEORGIA INMATES with DEVELOPMENTAL DISABILITIES (DD) and/or SERIOUS MENTAL ILLNESS (SMI) upon release.
Attorney Steve Gold:  A Leader in Fighting for Disability Rights

Supportive Housing is a big Key to keeping people with disabilities out of institutions

8/7/2023

 
Picture
Nebraska is one of the states that has incorporated the Supreme Court's Olmstead decision into State Statute.

Originally when I was thinking about a "STATE STATUTE" ---- I was thinking something very broad to reflect the broadness of the Olmstead decision itself.

I think the broad application of Olmstead can paralyze States and for that matter Advocates.


There is much more a realization in 2023 than there was in 1999 that SUPPORTIVE HOUSING is a BIG KEY to keeping people with disabilities out of INSTITUTIONS.

For some people that HOUSING needs to be PHYSICALLY ACCESSIBLE often for a wheelchair --- but potentially other issues as well.

For people with "COGNITIVE DISABILITIES" --- SUPPORTIVE HOUSING in "MENTAL HEALTH" ---
  • Is often SCATTERED SITE HOUSING + ASSERTIVE COMMUNITY TREATMENT (ACT).

One of the things that Mike Oxford -- Interim Director of Atlantis pointed out to me was that the Colorado Dept. of Healthcare Policy & Financing has beefed up CASE MANAGEMENT for people TRANSITIONING OUT OF NURSING HOMES.
  • THAT'S A GOOD THING
  • There had been some HORROR STORIES involving people transitioning from the Nursing Home to the Community without proper supports.
Horror Stories of Homelessness --- It Doesn't Have to be This Way
When we think about people who are HOMELESS or BEING RELEASED FROM INCARCERATION with "NEURO-DEVELOPMENTAL DISABILITIES" and/or "PSYCHIATRIC DISORDERS" who qualify for MEDICAID:
  • WE PROBABLY NEED BEEFED UP MEDICAID CASE MANAGEMENT.

We have FOCUSED on "MEDICATION ADHERENCE" for several decades now in Mental Health and that has not resolved our Mental Health Crisis.

Two BIG CHALLENGING REALITIES:
  1. The medication is often not as good as we would like.
    • Can have many NEGATIVE SIDE-EFFECTS --- especially the current generation of medications that WORK ON THE BRAIN GLOBALLY.
    • Genetic Testing may be in order for some people as well as
    • Paying for a Neuro-Pharmacologist
  2. A lot of this is DEVELOPMENTAL and people have gotten WORSE by not ACCOMMODATING their DIFFERENCES in:
    1. Executive Functioning, and
    2. Energy

The FAILURE TO ACCOMMODATE has been on MULTIPLE LEVELS:
  • The Person,
  • The Family
  • The School
  • The Employer, and
  • The Society
Have not really been aware of these EXECUTIVE FUNCTIONING and ENERGY ISSUES nor how to accommodate them.

THAT IS  CHANGING.


The NEED for "SUPPORTIVE HOUSING" does not exist in a vaccuum and is related to many other VARIABLES.
  • Translational Research & Medicine
  • Public Education regarding Neuro-Developmental Differences involving EXECUTIVE FUNCTIONING & ENERGY
  • ACCOMMODATIONS for EXECUTIVE FUNCTIONING & ENERGY DIFFERENCES/DISABILITIES that are available in:
    • EDUCATION, and
    • EMPLOYMENT

Additionally, many people with "HYPER-CONNECTED BRAINS" do have "SPECIAL TALENTS" that should be DEVELOPED to benefit the person as well as the community.

    Olmstead Law & Order Thursday

    Looking at Legal Issues Surrounding Olmstead Class Actions as well as Individual Actions

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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