HCFA Homepage on Olmstead . . . .

Americans with Disabilities Act/Olmstead Decision

http://www.hcfa.gov/medicaid/olmstead/olmshome.htm

In July 1999, the Supreme Court issued the Olmstead v. L. C. decision.  The Court's decision in that case clearly challenges Federal, state, and local governments to develop more opportunities for individuals with disabilities through more accessible systems of cost-effective community-based services.

The Olmstead decision interpreted Title II of the Americans with Disabilities Act (ADA) and its implementing regulation, requiring  States to administer their services, programs, and activities "in the most integrated setting appropriate to the needs of qualified individuals with disabilities."

Medicaid can be an important resource to assist States in meeting these goals. However, the scope of the ADA and the Olmstead decision are not limited to Medicaid beneficiaries or to services financed by the Medicaid program. The ADA and the Olmstead decision apply to all qualified individuals with disabilities regardless of age.

The Health Care Financing Administration (HCFA) has begun consultation with States and with people with disabilities. HCFA plans to review relevant Federal Medicaid regulations, policies and previous guidance to assure that they are compatible with the requirements of the ADA and Olmstead decision, and facilitate States' efforts to comply with the law. HCFA is working closely with other involved Federal agencies to ensure that these reviews are consistent with the requirements of the statute and are focused on the needs of persons with disabilities.

The Department of Health and Human Services (DHHS), Office of Civil Rights, and HCFA have formed a workgroup to address continuing questions and issues involving the implementation of the Olmstead decision and the ADA. We invite all States and stakeholders to submit policy questions and recommendations to the workgroup. Answers to these questions, as they are developed, will be posted on this web site. Please submit written correspondence to:

                                            DHHS Working Group for ADA/Olmstead

                                            c/o Center for Medicaid and State Operations

                                            HCFA, Room S2-14-26, DEHPG

                                            7500 Security Blvd.

                                            Baltimore, MD 21244-1850

You may also E-mail policy questions to: ADA/Olmstead@HCFA.Gov to submit policy questions and recommendations to this workgroup.

IF YOU HAVE QUESTIONS CONCERNING MEDICAID ELIGIBILITY OR SERVICES FOR SPECIFIC INDIVIDUALS, PLEASE CONTACT YOUR STATE MEDICAID AGENCY.

State Medicaid Director Letters

http://www.hcfa.gov/medicaid/olmstead/smdltrs.htm

HHS Secretary Letters

http://www.hcfa.gov/medicaid/olmstead/secltrs.htm

Press Releases

http://www.hcfa.gov/facts/fs000201.htm

 

Assuring Access to Community Living for the Disabled - February 1, 2000

http://www.hcfa.gov/facts/fs000201.htm

ADA/Olmstead Decision Related Links

http://www.hcfa.gov/medicaid/olmstead/olmslink.htm

INSTRUCTIONS FOR SIGNING UP

ON ODLC’S INTERNET LISTS . . . .

The following four groups are limited to people with disabilities, their families and people who represent or advocate for them.   To subscribe, send a blank message to the email address under each list name:

                 (1)    GENERAL DISABILITY-RELATED LAW

                         oklahomadisabilitylawcenter-subscribe@egroups.com

                 (2)    OKLAHOMA MEDICAID MANAGED CARE COALITION

                         oklahomamedicaidmanagedcarecoalition-subscribe@egroups.com

                 (3)    OKLAHOMA EDUCATION LAW

                         oklaedlaw-subscribe@egroups.com

                 (4)    REDLANDS PARTNERS (Okla. DD Network)

                         redlandspartners-subscribe@egroups.com

The following five groups are open to anyone interested in the indicated subject matter.  To subscribe, send a blank message to the email address below the list name.

                 (1)    OKLLAHOMA OLMSTEAD COALITION

                    Oklahoma_Olmstead_Coalition-subscribe@egroups.com

                 (2)    MINISTERIAL ALLIANCE ON DISABILITY

                         Ministerial_Alliance_on_DisAbility-subscribe@egroups.com

                 (3)    ADA-504 COORDINATORS

                         ada-504-subscribe@egroups.com

                 (4)    TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACDT OF 1999

                         TWWIIA-subscribe@egroups.com

                 (5)    OKLAHOMA DISABILITY EDUCATION ASSOCIATION

                         ODEA-OK-subscribe@egroups.com

STATE RESOURCES FOR OKLAHOMA . . . .

Primary Materials - Cases, Codes and Regulations                 

http://www.findlaw.com/11stategov/ok/laws.html

Courts

http://www.findlaw.com/11stategov/ok/courts.html

Government Information

http://www.findlaw.com/11stategov/ok/state.html

Bars and Associations

http://www.findlaw.com/11stategov/ok/associations.html

Law Schools

http://lawschools.findlaw.com/schools/oklahoma.html

News and Media

http://www.findlaw.com/11stategov/ok/media.html

Other Sites

http://www.findlaw.com/11stategov/ok/sites.html

Directories

http://www.findlaw.com/11stategov/ok/dir.html

Forms

http://www.findlaw.com/11stategov/ok/forms.html

Mailing Lists

http://www.findlaw.com/11stategov/ok/mail.html

FindLaw Firms Online - Oklahoma Law Firms

http://firms.findlaw.com/odlc/index.html

*A Guide to Monitoring Medicaid Managed Care*

This new guide, available at http://www.familiesusa.org/pubs/medmngde.htm, will give you the tools you need to find out how Medicaid managed care is serving consumers. The guide starts with a discussion of "Do It Yourself" monitoring projects that community groups can undertake--even if they don't have the resources to gather and analyze lots of complex data.  This chapter covers consumer surveys, focus groups, and strategies to test whether the system is REALLY working.

Subsequent chapters describe how state and federal governments monitor Medicaid managed care as well as how to gather and interpret the many existing sources of data that can throw light on different aspects of Medicaid managed care--such as complaint data, enrollment/disenrollment data, financial data, HEDIS data, EPSDT data, and so on. In each case, the guide will tell you what these data cover, where you can obtain them, how to do any calculations needed, and what you can and cannot learn from this analysis.

Each of the chapters in the guide includes "Case Studies" of monitoring efforts undertaken by groups such as yours.

The guide will be available in print form, and cost will be $20.00 (DC residents, add 5.75% sales tax). To obtain a copy, send a check payable to Families USA Foundation to: Medicaid Guide,  Families USA, 1334 G Street, NW, Washington, DC  20005.   NOTE:  A limited number of single copies are available without charge to Medicaid advocacy organizations.  Send your request to pdenker@familiesusa.org.

Updates from Asleys Mom Website (Assistive Technology)

For those of you who used "School Fonts for Beginning Writing" and requested another set of fonts in the Modern Manuscript/D'Nealian style of handwriting, Kim has completed them and they are on their way to Mayer-Johnson. Called "Transitional Fonts for Emerging Writers," they are slated for Mayer-Johnson's 2001 catalog. They may be ready to ship before then so check their web page  http://www.mayerjohnson.com) or hers (http://www.ashleysmom.com) to find out their date of availability.

For the fifth consecutive year, Kim will be speaking at Closing the Gap's conference on technology for persons with disabilities in Minneapolis, October 19-21. This year's workshop will be on "The QX3 Computer Microscope: Magnifying the World." She has been selected to participate in their Post Conference Networking which will allow participants to chat on-line about the workshop, have questions answered, download files, and follow relevant links. If you would like additional information about this wonderful conference, visit their web site at http://www.closingthegap.com.

She is designing more things for publication and will be adding more information to the web page. You may visit their web site at http://www.ashleysmom.com, Ashley's Mom, Inc., for these new updates.

DEPARTMENT OF CORRECTIONS POLICIES ONLINE . . . .

POLICY AND OPERATIONS MANUAL

HEALTH SERVICES – 14

(August 8, 2000)

For index to all policies in this health services section, go to:

http://204.62.19.52/offtech/toc14.htm

Examples of some of the policies in the health services section:

Inmate Medical, Mental Health and Dental Care

http://www.doc.state.ok.us/Offtech/p140100.htm

Access to Health Care

http://www.doc.state.ok.us/Offtech/op140117.htm

Emergency Care

http://www.doc.state.ok.us/Offtech/op140118.htm

Mental Health and Special Care Units

http://www.doc.state.ok.us/Offtech/op140127.htm

Suicide Prevention

http://www.doc.state.ok.us/Offtech/op140129.htm

 Therapeutic Restraint and Seclusion

 http://www.doc.state.ok.us/Offtech/op140141.htm

Psychological Services

http://www.doc.state.ok.us/Offtech/op140201.htm

 

Involuntary Psychotropic Medication in Non-Emergency Situations

http://www.doc.state.ok.us/Offtech/op140652.htm

Enforcement Guidance . . . .

Application of EEO Laws to Contingent Workers

Placed by Temporary Employment Agencies and Other Staffing Firms

(12/03/97)  http://www.eeoc.gov/docs/conting.html

EXECUTIVE SUMMARY

This Guidance addresses the application of the federal employment discrimination statutes to individuals placed in job assignments by temporary employment agencies, contract firms, and other firms that hire workers and place them in job assignments with the firms' clients. The term "staffing firm" is used in this document to refer to these types of firms.

Staffing firm workers are generally covered under the anti-discrimination statutes.  This is because they typically qualify as "employees" of the staffing firm, the client to whom they are assigned, or both.   Thus, staffing firms and the clients to whom they assign workers may not discriminate against the workers on the basis of race, color, religion, sex, national origin, age, or disability.

The guidance makes clear that a staffing firm must hire and make job assignments in a non-discriminatory manner.  It also makes clear that the client must treat the staffing firm worker assigned to it in a non-discriminatory manner, and that the staffing firm must take immediate and appropriate corrective action if it learns that the client has discriminated against one of the staffing firm workers.  The document also explains that staffing firms and their clients are responsible for ensuring that the staffing firm workers are paid wages on a non-discriminatory basis.  Finally, the guidance describes how remedies are allocated between a staffing firm and its client when the EEOC finds that both have engaged in unlawful  discrimination.