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    • 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
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      • ***Physical Health Issues, the Immune System & Mental Health Index
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  • 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

"Olmstead" Housing vouchers greatly improved

8/29/2024

 
with Waitlists and Admissions Preferences
Picture
Richard Cho

U.S. Department of Housing and Urban Development

Senior Advisor for Housing and Services
Val's Take:

THIS IS HUGE!  

States have not  substantially complied with the HOUSING component of Olmstead.

Olmstead  is the 1999 US Supreme Court decision holding that the Americans with Disabilities Act prohibited the unnecessary institutionalization  of people with disabilities.
Olmstead specifically assumed a State Plan for People with Disabilities, and  required that plan to be:
  • Comprehensive
  • Effectively Working, and
  • Waitlists moving at a Reasonable Pace

Currently, Olmstead and subsequent caselaw are designed to prevent:
  • Unnecessary institutionalization of people with disabilities, or
  • The risk of institutionalization.
Housing is expensive!    If you live in Colorado, you know that.

People with Disabilities and States have needed the FEDS to step up --- and they STEPPED UP.

We are grateful!
Picture
Hud takes action to Support Community Living for People with Disabilities
HUD’s Mainstream Voucher program is a special purpose voucher for people with disabilities.

I often think of them as “community living” vouchers or “Olmstead” vouchers.

But until now, there were challenges with using these vouchers to quickly connect people with disabilities leaving institutional settings or homelessness to community based housing and supportive services.

I’m excited that today [August 27, 2024] U.S. Department of Housing and Urban Development announced new requirements and flexibilities for Mainstream Vouchers that make them an even more effective tool for supporting community living.

First, public housing agencies that administer Mainstream Vouchers can now establish separate waiting lists and also establish admissions preferences that prioritize people referred by the services agencies that support community living or ending homelessness for people with disabilities.

Second, PHAs [Public Housing Authorities] must allow at least 120 days to help people find an accessible and affordable unit, along with 90-day extensions.

These flexibilities and new requirements open the door to new partnerships between PHAs [Public Housing Authorities] and Medicaid, Centers for Independent Living, Continuums of Care, and state mental health and IDD [Intellectual or Developmental Disability] agencies to help further the goals of Olmstead v. L.C.

Very proud of this!
Picture
[Why did the U.S. Supreme Court Justices in 1999 assume the States had a "State Plan" for People with Disabilities?

 Georgia  (and other  States) told them that.  

Further, that is why the Justices held that the States could not be required to make a "FUNDAMENTAL ALTERATION" to the STATE PLAN.

You can imagine that has been subject to considerable interpretation.

The big flies in the ointment:     MOST STATES don't have a comprehensive, effectively working plan for people with disabilities or waitlists moving at a reasonable pace.]

Federal Housing Vouchers as a Key to STATE Olmstead Compliance

8/3/2024

 
Val's Take
  • Colorado's Nursing Home Transition Program  was designed to transition nursing home residents to the community where appropriate.
  • I remember asking --- what about housing.  They were flush with housing vouchers.  That wasn't the most pressing issue.
  • In that situation, the Feds and the States were bearing very high nursing home costs and --- there was a clear financial benefit to the Feds and the States to transition people with disabilities out of nursing homes if they could safely live in the community.
  • In contrast, Chronic Homelessness often involves people with  some type of Neuro-Developmental or Psychiatric difference/disability and an IQ over 70.
  • When it comes to homelessness, it's Municipalities and Counties that are bearing the brunt of the costs --- as it relates to governmental entities.
  • The people themselves, their families and the communities are  bearing large costs as well.
  • The Feds, including CMS (Centers for Medicare and Medicaid Services), US Interagency Council on Homelessness, etc. and scattered disability advocates may appreciate the responsibility of States to provide Housing under Olmstead.
  • Outside the initiated, most people are not going to know much about Olmstead.
  • It appears that Denver is getting Housing Vouchers.
  • It is important that the Feds make available Housing Vouchers and Housing + Care Vouchers to meet the need to address Chronic Homelessness.
  • In Denver, Mayor Mike Johnston and his staff learned the hard way (as so many of us have), of the importance of Case Management.
  • The State has also identified Case Management as a Critical Issue. 

    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