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Georgians With Developmental Disabilities “Shortchanged”

Developmental DisabilityGaps Remain In Community Support Services

Six years after their 2010 settlement agreement that addressed Georgia’s treatment of people with mental illness and developmental disabilities, the State and the US Department of Justice still cannot agree on what exactly that means.

Under part of the 2010 settlement, Georgia must improve care for individuals with mental illness and developmental disabilities. This includes moving these individuals into community settings when appropriate. There are annual reports filed with the court from an independent reviewer about the progress of the settlement.  According to the most recent report, Georgia still has gaps in services and waiting lists mean community integration has not been fully realized.

U.S. Supreme Court Orders Community Integration

Georgia’s compliance with the 2010 settlement will continue to be a contentious issue. A federal judge overseeing the execution of the settlement said, “The state of Georgia always has shortchanged people with mental illness.” Georgia was the focus of the Supreme Court’s 1999 ruling in Olmstead v L.C. In that case, the Court ruled individuals with mental illness and DD have a right to receive services in the most integrated community setting appropriate for their needs.

Most Applications For Assistance Initially Rejected

Despite the disagreement over what is required under the settlement, the 2010 settlement has helped many people move back or remain in their communities. This is thanks to the increased availability of Medicaid waivers. However, some disabled individuals and their families still get discouraged during the application process, especially if the application is initially rejected.

 We Can Help 

 Jeyaram & Associates has helped dozens of families get and keep support services for individuals with developmental disabilities even after an initial rejection. For more information, contact Jonathan Anderson at  janderson@jeylaw.com.