Overcoming Barriers to Physical Health Care Access for People with Mental Health

Disabilities

Learning Objectives

1. Explore impact of stigma & discrimination on people with mental health disabilities.

2. Discuss legal issues regarding access to physical health care for people with mental health disabilities.

3. Develop strategies for reducing stigma and overcoming health care access barriers for people with mental health disabilities.

Overview of Training Agenda

1. Introduction

2. Stigma & Discrimination

3. Effects of Stigma

4. Models of Treatment: Recovery v. Medical

5. Actions that Discriminate

6. Strategies for Reducing Stigma and Discrimination

7. Legal Issues

Feel free to ask questions at any time!

DRC SDR Project Goals

Reduce stigma & discrimination by

- Increasing awareness of laws, policies & practices that address discrimination & support mental health services in non-traditional settings through provision of culturally-relevant and age appropriate training & materials for people with disabilities, their families, providers, and the general population.

DRC SDR Project Goals

Identifying laws that contribute to stigma and discrimination & writing policy papers that recommend needed policy changes to reduce or eliminate stigma & discrimination.

Stigma & Discrimination

Different Cultural beliefs about people with mental health

disabilities:- Inspired………………Possessed

- Respected……………Rejected

- Different………………Abnormal

What is Stigma?

Attitudes and beliefs, based on stereotypes, that lead people to reject, avoid, or fear those they perceive as being different

What is Discrimination?

- Discrimination occurs when people act on stigma in ways that deprive others of their rights and life opportunities.

- Discrimination and stigma are based on the stereotypes that drive a wedge between “us” and “them.”

Types of Stigma

1. Public Stigma

2. Institutional Stigma

3. Self Stigma

Self Stigma

- Self stigma is when a person with a disability accepts the attitudes of society or of the medical community.

- Self stigma is rarely discussed, and can lead to hopelessness and helplessness.

Stigmatizing Language

- Crazy

- Insane

- Disturbed

- Abnormal

- Delusional

- Incompetent

- Out of control

- Dependent

Effects of Stigma

- Low Self-Esteem- Isolation- Feeling Devalued - Social Rejection- Shame

Effects of Stigma

- Over-interpretation of Behavior - Opinions are Ignored - Not given Responsibility - Not Trusted - Victims of Violence- Barrier to Seeking Treatment

Many people say that the stigma associated with their own (or their family member’s) diagnosis was more difficult to

bear than the actual illness.

What is “Stigma”?

Stigma refers to attitudes and beliefs that lead

people to reject, avoid, or fear those they perceive

as being different

Types of stigma:

1. Public Stigma

2. Institutional Stigma

3. Self Stigma

All types of stigma are based on stereotypes

about people with mental health disabilities.

Studies have shown that stigma is even prevalent among the mental health

provider community.

Knowledge about mental health disabilities does not preclude

stereotyping.

“One study of mental health consumers and family members

cited that stigma related to mental health care…accounted for nearly one quarter of their reported stigma experiences.”

- The California Strategic Plan on Reducing Mental Health Stigma and Discrimination

Yet people go to mental health professionals for help when they need treatment, understanding

and support.

People who encounter stigmatizing attitudes from

health professionals may avoid seeking or continuing treatment.

Mental Health Treatment Models

Medical Model vs.

Recovery Model

Medical Model

Mental health assessments and diagnoses too often focus on

weaknesses and problems rather than addressing a person’s

strengths, interests and goals.

Recovery Model

HopePersonal EmpowermentRespectSocial ConnectionsSelf-Responsibility

Recovery Model- A diagnosis is a “guide”

for treatment rather than a “name” for a person.

- Mental health disabilities may shape or affect who a person is, but we are not defined by our disability.

Medical Model- A diagnosis is a fact.

- Mental health providers may refer to people by their diagnosis.

- People are their disability.

Recovery Model Medical Model

People:

- Have different realities – there is not “one” reality.

- Have insight into their own reality – it just may not be other people’s reality.

- Have the ability to take care of themselves, with support as needed

People with Mental Health

Disabilities:

- Lack insight into their own disability

- Are unrealistic and unreasonable

- Need to be taken care of

Recovery Model

- People with mental health disabilities can and do get better.

- Recovery is unique to each individual.

- A person’s recovery can not be defined or determined by others.

Medical Model

- People with mental health disabilities can never truly recover.

- Once someone has a mental health disability, they will always have it.

“…hope is one of the most valued ingredients in the

professional/client relationship and the strongest predictor of

positive outcomes.”

- Mood Disorders Society of Canada

Actions that Stigmatize

- Disrespecting, patronizing ortalking down to people

- Ignoring what people want

- Making decisions for peoplerather than helping them

make their own

How to Reduce

Stigma and Discrimination

- Use Plain Language

- Use People First Language: Acknowledge and respect clients as people rather than disabilities.

- Treat the illness with the seriousness it deserves, but treat people with dignity and respect.

- Listen to what clients have to say

- Empathize with them, but don’t tell them what they feel or think.

- Identify, acknowledge and explore a client’s self-stigma

Health professionals are consultants whom clients rely on

for information, guidance and support.

Be conscious of the powerof diagnosis and the labeling

process – this might alsocontribute to a wiser

use of diagnoses

- Focus on a person’s strengths and what he or she can do.

- Teach Self-Advocacy: Help people help themselves

Contact a Peer Support Organization, Group or Peer Advocate for Guidance:

- Peer/Self-Advocacy Program (PSA) of Disability Rights California www.disabilityrightsca.org

- National Empowerment Centerwww.power2u.org

- National Self-Help Clearinghousewww.mhselfhelp.org

Legal Issues

Understanding and respecting individuals’ legal rights can promote

a sense of autonomy, counteract stigma and promote effective

treatment.

Access to Health Care

Access to health care includesthe rights to access facilities,

services, and information offered by doctors’ offices, other health care providers and insurance plans.

Disability Discrimination Laws

Americans With Disabilities Act

T.II: Public Facilities & Services

T.III: Private Facilities & Services

(“Public Accommodations”)

Rehabilitation Act, Section 504

Facilities & Services Receiving Federal Funds

Similar State Laws

California Unruh Act

Legal Protections for People with Disabilities

1. Full and equal access to health care services and facilities.

2. Reasonable modifications to policies, practices, and procedures that are necessary to make health care services available to people with disabilities.

3. Effective communication, including auxiliary aids and services, such as the provision of sign language interpreters or written materials in alternative formats.

Examples of Potentially Discriminatory Conduct

Requiring a companion to attend a medical appointment

Refusing to provide services because of a mental health disability

Making disrespectful or harassing comments about a mental health disability

Reasonable Accommodations

RA = reasonable modifications in policies, practices and procedures, when necessary to avoid discrimination on the basis of disability.

RA ≠ undue financial or administrative burden, or fundamental alteration of the nature of the service.

Examples of Reasonable Accommodations

Allowing a support person in a medical examination or consultation

 

Scheduling an appointment at a specific time

Taking extra time for a consultation

Psychiatric Service Animal and Emotional Support Animals

ADA allows service animals – but not emotional support animals – to accompany people with disabilities to medical appointments in public or private facilities.

Definition of Service Animal

- Only dog or miniature horse.

- Individually trained to do work or perform specific tasks for the benefit of a person with a disability.

- Example: Dog that is trained to recognize and respond to signs of panic attack.

- License not required & not determinative.

Definition of Emotional Support Animal

- Provides comfort to a person with a mental health disability.

- Not individually trained to do disability-related tasks.

Qualifications on Right to Service Animal

- Animal must be well cared-for.

- Animal cannot pose a threat to people or property.

- Health care providers may make limited inquiries about necessity of service animal, but may not ask questions about an individual’s disability.

Other Rights Protecting Access to Health Care

- Right to be participate in treatment and discharge planning

- Right to challenge decisions of conservator

- Right to access to medical records- Right to confidentiality of medical records

Culturally and Linguistically Appropriate Services

Recipients of federal funds must take reasonable steps to ensure that people with limited English proficiency have meaningful access to programs and services, including health care services.

Title VI, Civil Rights Act of 1964

Executive Order 13166, Improving Access to Services for Persons with LEP

Culturally and Linguistically Appropriate Services

Health care providers should “provide effective, equitable, understandable and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs.”

National Standards for Culturally and Linguistically Appropriate Services (CLAS) in Health and Health Care

www.thinkculturalhealth.hhs.gov

How to Address Discrimination By Health Care Providers

1. Talk to the provider directly or through Ombudsman.

2. File complaint with provider’s ADA/504 Compliance Officer.

3. File administrative complaint.

Administrative Complaints - OCR

U.S. Department of Health and Human Services

Office of Civil Rights (OCR)

90 - 7th Street, Suite 4-100

San Francisco, CA 94103

Telephone: (415) 437-8310

TDD: (415) 437-8311

Fax: (415) 437-8329

www.hhs.gov/ocr/civilrights/complaints

Administrative Complaints - DOJ

United States Department of Justice (DOJ)

950 Pennsylvania Avenue, NW

Washington, DC 20530

Disability Rights Section: (202) 514-4713

E-mail:www.askDOJ@usdoj.gov

Administrative Complaints - CDSS

California Department of Social Services (CDSS)

Civil Rights Bureau (CRB)

744 P Street, M.S. 15-70

Sacramento, CA. 95814

Or call collect at (916) 654-2107

E-mail: crb@dss.ca.gov

www.dss.cahwnet.gov/cdssweb/PG49.htm

Deadline for Filing Administrative Complaints

180 days from date of discrimination

California Department of Managed Care

For care or services provided by managed care plans: - File Complaint- Ask for Independent Medical Review (IMR)- File for Medi-Cal Fair Hearing

http://www.dmhc.ca.gov/

Disability Rights California isfunded by a variety of sources, for a

complete list of funders, go to http://www.disabilityrightsca.org/

Documents/ListofGrantsAndContracts.html.

CalMHSA

The California Mental Health Services Authority

(CalMHSA) is an organization of county governments

working to improve mental health outcomes for

individuals, families and communities. Prevention and

Early Intervention programs implemented by CalMHSA

are funded by counties through the voter-approved

Mental Health Services Act (Prop 63). Prop. 63 provides

the funding and framework needed to expand mental

health services to previously underserved populations

and all of California’s diverse communities.