Thursday, December 22, 2011

DOJ Finds Olmstead, EPSDT, and IDEA Violation in Mississippi

Just out:  The DOJ's letter of findings in its Mississippi Olmstead investigation, dated yesterday.  The first paragraph:

The United States has completed its investigation of the State of Mississippi’s system for delivering services and supports to thousands of persons with mental illness and/or developmental disabilities1 (“DD”). This letter is a report of our findings. Our review reveals that the State of Mississippi has failed to meet its obligations under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-12134, and its implementing regulations, 28 C.F.R. pt. 35, by unnecessarily institutionalizing persons with mental illness or DD in public and private facilities and failing to ensure that they are offered a meaningful opportunity to live in integrated community settings consistent with their needs. The United States looks forward to working with the State of Mississippi to develop an appropriate remedy to resolve these concerns.
In addition to finding violations of the ADA, the letter also finds violations of the Early and Periodic Screening, Diagnosis, and Treatment provisions of the Medicaid Act, as well as of the Individuals with Disabilities Education Act.  This case has the potential to be very big, whether it's litigated or results in a settlement. 

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