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Rights, Culture & Beliefs > 06 Legislative Acts (20 docs)

06 Legislative Acts (20 docs)

Free Forms, caregiving, nursing forms, policies, Licensing, Training, Case Management, Home Care, Assisted Living, DD, MI, HCBS

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Documents in 06 Legislative Acts (20 docs) (20)

The Americans with Disabilities Act (ADA) is a civil rights law that provides certain rights for people with disabilities.  This free article provides information about The Americans with Disabilities Act.  

The Department of Justice enforces the ADA's requirements in the following three areas:

Title I:  Employment practices by units of State and local government
Title II:  Programs, services, and activities of State and local government
Title III:  Public accommodations and commercial facilities Americans with Disabilities Act
This free document covers the Architectural Barriers Act (ABA) which requires that buildings and facilities that are designed, constructed, or altered with federal funds comply with federal standards for physical accessibility. Architectural Barriers Act
Care Video & Media Release Form - to use when recording a resident's condition or behavior for health care or social care purposes. Care Video & Media Release Form
This free document covers the Civil Rights of Institutionalized Persons Act (CRIPA) which authorizes the U.S. Attorney General to investigate conditions of confinement at state and local government institutions. 

The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are Civil Rights of Institutionalized Persons Act
This free document covers the Department of Justice's (DOJ) role in the settlement of any Americans with Disabilities Act (ADA) disputes.  

Under general rules governing lawsuits brought by the Federal Government, the Department of Justice may not file a lawsuit unless it has first... DOJ's ADA Enforcement
Chapter II - Coverage of Services of the HCFA's Home Health Agency Manual.  Note: This is the section of the law article that describes the conditions that are required to be met if the resident is to receive Home Health Services at the facility. This is a great free document.

Generally speaking, a patient will be considered to be homebound if he/she has a condition due to an illness or injury that restricts his/her ability to leave his/her place of residence except with the aid of... HCFA's Home Health Agency Manual
Cover for section 6 of the Rights, Culture and Beliefs Manual. Legislative Acts Cover
Olmstead Case Judge 1 Decision Olmstead 1999 Judge Opinion 1 Concur
Olmstead Case Judge 2 decision Olmstead 1999 Judge Opinion 2 Concur
Olmstead Case Opposing Judge Decision Olmstead 1999 Judge Opinion Dissent
Olmstead 1999 Syllabus Olmstead 1999 Syllabus
This is the first time that the Fourth Circuit has held that the Olmstead mandate extends to people with disabilities who are at risk of institutionalization.   The case started back in 2010, when North Carolina proposed cutting services to 2400 mentally and developmentally disabled individuals receiving community based care. OLMSTEAD AND THE ADA New Case Development
Olmstead Supreme Court Decision 1999 Olmstead Supreme Court Decision 1999
This great article covers to Olmstead ruling and why not providing reasonable accomodations in the least restrictive setting is a violation of Title II of the ADA. It also covers discrimination vs. funding issues, and related links including a speech by the CEO of AARP. For all types of care facilities.

So what is Olmstead?  It started in 1995 when a mentally retarded woman with schizophrenia sued the state of Georgia because state health officials failed to place her in a community setting, which would have afforded her minimally adequate care and freedom from undue restraint. Once her condition stabilized, her doctors recommended community placement, but instead she remained institutionalized. She filed the suit challenging her continued confinement, in as she put it, Olmstead, Anti-Discrimination Laws, and the Freedom Initiative Care Facility Least Restrictive
This free article covers the Patient Self Determination Act (PSDA) enforces an adult's right to refuse medical treatment, specifically the right to refuse life-sustaining treatment.  

The US Constitution, The Civil Rights Act, The ADA, The Die with Dignity Act The United Nation's Human Rights Decree, and The Patient Self Determination Act, all uphold individual's choice to make care and treatment choices, as long as they are legal choices.  Basically, the PSDA, requires care type facilities and providers to: Patient Self-Determination Act (PSDA)
This document covers the Telecommunications Act which requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that the equipment and services are accessible to and usable by persons with disabilities. Resident Rights to Telephone Service Telecommunication Assistance Devices
USA Health and Human Services 2012 Fiscal Year USA Health and Human Services 2012 Fiscal Year
States will see significant new federal support in their efforts to help move Medicaid beneficiaries out of institutions and into their own homes or other community settings now and in the near future, Health and Human Services (HHS) Secretary Kathleen Sebelius announced today. USA Money Follow the Person Plan
This free article covers an executive order signed by President George W. Bush from the White House regarding community-based alternatives for individuals with disabilities. White House Least Restrictive
free information on Wisconsin's Law on Refusing Medical Treatment and Care Services Wisconsin Law on Refusing Treatment
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