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Nice Piece on Olmstead, Budget Cuts, and Nursing Homes

April 29, 2013

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By contrast, here's a nice piece on Olmstead issues, which uses the M.R. case as a lens to examine the various questions.

Community Treatment Olmstead

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Gone Fishin'

I'm heading away for a few weeks, in part for this conference , and in part for a vacation. Don't expect any posts from me until I return, though I may tweet some.

New Senate HELP Committee Report on Olmstead Implementation

I'm going to go dark again later today, but I'll break radio silence for a few posts. Just out: This important report on Olmstead implementation, issued by the Senate HELP Committee. The executive summary:  The Supreme Court’s 1999 decision in Olmstead v. L.C. put states on notice that unnecessary segregation of individuals with disabilities is a violation of the Americans with Disabilities Act (ADA) of 1990. The ruling was hailed as the disability civil rights equivalent to Brown v. Board of Education, which ordered the desegregation of the nation’s public schools.  The Olmstead decision clearly articulates that ensuring individuals with disabilities are able to exercise their right to participate as citizens of the state and the country is a protected civil right under the ADA. Olmstead envisioned that states will provide appropriate long-term services and supports (LTSS) to individuals with disabilities through home and community-based services (HCBS) and end forced segr...

Arkansas District Excludes Kids from School Because They Might Have HIV

See this article , which begins: Local disability rights advocates are accusing the Pea Ridge School District of kicking students out of school because of fear over HIV exposure. The Disability Rights Center of Arkansas sent out a statement Friday afternoon calling the school district’s refusal to allow three students to continue attending school“unlawful”, saying the students were being denied the right to attend school until documentation proves they are not HIV-positive. This action, if it's being reported correctly, pretty clearly violates the ADA. This was a big issue during the 1980s, and the Rehabilitation Act cases pretty solidly held that a school district can't exclude a kid just because s/he has HIV. Some fights have to be engaged over and over, it seems.

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Nice Piece on Olmstead, Budget Cuts, and Nursing Homes

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