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Legal Rights of Individuals with Disabilities

  • Training

  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5944793
In the 30 years since the Americans with Disabilities Act was signed into law, the ADA's impact on the lives of individuals with disabilities has evolved considerably, most notably as a result of the 'Integration Mandate' required by the 1999 U.S. Supreme Court decision Olmstead v. L.C. This program provides an overview of important issues related to community integration and highlights notable case law interpreting the ADA.

At the other end of the spectrum from community integration is involuntary civil commitment, in which people with disabilities lose their liberty to prevent an alleged risk of future harm to self or others. Learn how the courts have addressed the fundamental tension between the right to individual liberty and the state's interest in the prevention of harm via involuntary civil commitment of people with mental disabilities. The faculty cover recent cases addressing issues such as what type of evidence is required to prove a current likelihood of serious harm, what must be demonstrated for a court to find that civil commitment is indeed the 'least restrictive alternative' and the parameters of emergency commitments under G.L. c. 123 section 12.

We also cover important aspects of Medicaid and Medicare, complex, but important sources of health coverage for community living for people with disabilities. An understanding of these programs, the scope of medical necessity, and how to navigate the appeal process is key to maximizing services.

If your practice touches on disability rights, health care law, or civil commitment, you need to stay up-to-date on the latest developments stemming from this evolving civil rights law.

Course Content

9:30 - 9:43 pm
Overview of the Americans with Disabilities Act
Employment; State and local government programs and services; Places of public accommodation
Thomas P. Murphy, Esq.,
Disability Law Center, Inc., Northampton

9:43 - 10:13 am
Notable Case Law Interpreting Titles I, II and III of the ADA
Integration mandate; Civil rights and non-discrimination; Reasonable accommodation and modification; Auxiliary aids and services; Undue burden and fundamental alteration
Thomas P. Murphy, Esq.,
Disability Law Center, Inc., Northampton

10:13 - 11:10 am
Health-Care Access for Individuals with Disabilities
Overview of Medicaid and Medicare eligibility; Scope of coverage for persons with disabilities; Medical necessity, appeal rights, and other issues
Linda L. Landry, Esq.,
Disability Law Center, Inc., Boston

11:10 - 11:20 am
Break

11:20 - 12:09 pm
Individuals with Disabilities: Massachusetts Civil Commitment
Substantive and procedural aspects of civil commitment through the lens of recent appellate decisions; Current and emerging issues yet to be resolved by courts
,

12:09 - 12:28 pm
Key Takeaways
Panel

Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speakers

Chair
Thomas P. Murphy, Esq.,
Disability Law Center, Inc., Northampton

Faculty
Linda L. Landry, Esq.,
Disability Law Center, Inc., Boston
Karen Owen Talley, Esq.,
Committee for Public Counsel Services,
Mental Health Division
, Brockton