Researchers demonstrated the feasibility of using prerecorded videos of patients, along with other patient information, to provide psychiatric consultations to referring primary care clinicians. This process, known as asynchronous telepsychiatry, was developed to increase access to services for people in underserved rural communities.
Twenty-nine states require a judge’s ruling for involuntary medication, according to the suit, including New York, Connecticut and other large states, like California, Florida and Texas. Five other states leave the decision to an individual or panel outside the hospital. Some states also provide an advocate to represent a patient in a hearing on forced medication.
But in New Jersey, state rules allow a patient in a state hospital to appeal medication decisions only to people in the hospital. The lawsuit contends that the internal appeal process is routinely ignored and that psychiatric patients in private hospitals lack any opportunity to appeal medication regimens at all.
The suit, filed in Federal District Court in Trenton by the group Disability Rights New Jersey, seeks a court order requiring the state to provide judicial review of involuntary medication. It notes that a prison inmate has more power to contest treatment decisions than a psychiatric patient.
On the 20th anniversary of the Americans with Disability Act, the full impact of this anti-discrimination law, signed into law by Pres. George H.W. Bush, remains to be realized.
Despite advances enabling people with physical disabilities greater access to places once impossible because of stairs, small doors or tiny elevators, obstacles remain for people with physical and mental disabilities. The Department of Housing and Urban Development (HUD), for example, reports that disability discrimination tops its list of housing complaints.
This is patently clear when it comes to community housing for people with a mental disability. In recent congressional testimony, The Bazelon Center's Robert Bernstein discussed the opportunities presented by the ADA, as well as the work yet to be done to fulfill its mandate for housing, education and full integration. He noted that in most urban areas, the cost of housing outstrips SSI benefits, and called upon HUD to "prioritize creation of new affordable supportive housing for people with disabilities who have SSI-level incomes."
The anniversary was the occasion for North Carolina advocates to call attention to the lack of affordable housing by filing a lawsuit charging group homes had become smaller warehouses with many of the same problems of larger hospitals they were intended to improve upon.
Enforcing Olmstead, the landmark decision guaranteeing treatment in the least restricive community setting, was singled out by the justice department's civil rights division for itsunfinished business. In a press release, Assistant Attorney General Thomas E. Perez said:
"Ten years after the landmark decision, tens of thousands of Americans with disabilities are still unnecessarily and unconstitutionally confined in institutions, some with unspeakably dangerous conditions. That's why last year, President Obama marked Olmstead's 10th anniversary by proclaiming the Year of Community Living. Under his leadership, the Division has made it a priority to enforce the integration mandate of the ADA, one of the biggest challenges remaining as we prepare to celebrate the 20th anniversary."Other stories:
The Takeaway: John Hockenberry on Twenty Years of the Americans with Disabilities ActNew York Times: Disabled See Progress, but Problems Persist
Washington Post: Americans with Disabilities Act Anniversary: Interview with Andrew Imparato
US News and World Report: Could Bush's Americans with Disabilities Act Pass Today?
CNN: Are disabled still at risk in disasters?
Disability Scoop:In House First, Congressman In Wheelchair To Preside On ADA AnniversaryTime: ADA Anniversary Honored With Historic First
The ADA Rocks
ACLU Says Some Nursing Homes Use 'Scare Tactics' To Keep Psychiatric Patients
Main Category: Mental Health
Also Included In: Psychology / Psychiatry; Caregivers / Homecare
Article Date: 26 Jul 2010 - 0:00 PDTview / write opinions rate article
Chicago Tribune: The American Civil Liberties Union says in court papers that some for-profit nursing home operators are using "scare tactics" to persuade psychiatric patients to stay in their facilities. "The action follows a historic court settlement in which Illinois authorities pledged to offer supportive community-based housing and treatment to roughly 4,500 psychiatric patients who now live in two dozen large nursing homes designated as Institutions for Mental Diseases. The nursing home operators strongly deny trying to frighten or mislead the residents and say they're raising legitimate concerns about whether the state will make good on its pledge to provide the needed housing and services in the community."
A settlement was reached after a five-year lawsuit that challenged Illinois' "reliance" on mental disease institutions to house the mentally ill. The settlement says residents "who want to leave and who pass a screening can relocate to subsidized apartments or group homes where staff are on site or visit to provide therapy, job training, life-skills training, substance-abuse programs and other services." Under the settlement, those that want to remain in the facilities may do so. "Federal laws require states to place patients in the least restrictive setting appropriate to their disabilities" (Jackson and Marx, 7/21).
This information was reprinted from kaiserhealthnews.org with kind permission from the Henry J. Kaiser Family Foundation. You can view the entire Kaiser Daily Health Policy Report, search the archives and sign up for email delivery at kaiserhealthnews.org.
© Henry J. Kaiser Family Foundation. All rights reserved.
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A new PHI fact sheet outlines several ways that small businesses can receive government aid to help them take advantage of opportunities in the health reform law that passed earlier this year.
Health Reform Facts 3 is the latest in a series of PHI publications that describes how health reform provisions affect eldercare/disability employers and direct-care workers.
Those registered on the MindFreedom Shield program can quickly activate an international network if they are ever threatened with involuntary psychiatric human rights violations!
By adding your name to the public directory of the MindFreedom Shield, you also make a statement that when any individual is threatened with forced psychiatry, we will all speak up together!
Through the steps we have taken, we will continue to build on the “Americans with Disabilities Act”, and demonstrate our commitment to promoting, protecting, and ensuring the full enjoyment of all human rights and fundamental freedoms by people with disabilities. President Barack Obama 7/27/2009
In celebration of
“Americans with Disabilities Act”
In recognition of President Obama’s support and encouragement of community based efforts in helping this great Nation recover
Charge, Russell Bazaar, & Arise Detroit dedicate this years
Artists, block clubs, mentors, women’s and men’s groups, Treatment Centers, educational, block clubs, choirs, Churches, musicians, poets, writers, etc. Come and learn about President Obama’s dream for communities across America!
WHERE-Russell Bazaar, 1600 Clay at I-75
WHEN August 7th 11:00 AM until 5:00 PM
CONTACT=Gerald Butler/ 313-908-7434- jaybee10.1@juno.com
http://www.myfoxdetroit.com/dpp/health/090923_making_musichttp://www.myfoxdetroit.com/dpp/health/090923_making_music