MGH Community News

Month 2020
Volume 24 • Issue 1

Highlights

Sections


Social Service staff may direct resource questions to the Community Resource Center, Hannah Perry, 617-726-8182.

Questions, comments about the newsletter? Contact Ellen Forman, 617-726-5807.

 

 

Supreme Court Allows Trump Administration to Move Forward With 'Public Charge' Rule

A narrowly divided Supreme Court allowed the Trump administration to begin enforcing a rule making it harder for poor immigrants to gain green cards. This means that the DHS rule can go into effect nationwide while litigation continues, except in Illinois where it is still blocked by a statewide injunction. The justices in a 5-4 vote along ideological lines said they would let the controversial immigration rules go forward even as lower courts wrestle with multiple legal challenges against them.

The policy in question would expand the government's view of who can be deemed as a "public charge," or dependent on public assistance. Ultimately, immigration officials could deny green cards or visas to legal immigrants if they've used Medicaid, food stamps or other safety-net programs, or if they're considered likely to do so.

USCIS has announced it will only apply the Final Rule to applications and petitions submitted on or after February 24, 2020.

Immigrants are encouraged to seek individual advice from a trained immigration or public benefits attorney.
Messaging

  • Many immigrants are not directly affected by the public charge rule. DHS’s rule does not apply to all immigrants. Refugees, asylees, survivors of trafficking, domestic violence, other serious crimes, and other “humanitarian” immigrants are not affected. Lawful permanent residents (or “green card holders”) are not affected unless they leave the U.S. for over 180 days and seek to reenter. People who have already become U.S. citizens are not affected.
     
  • Use of public benefits will not automatically make someone a public charge. Immigration officials must look at all the circumstances in determining whether an individual is likely to become a public charge in the future. This includes age, health, income, assets, resources, education/skills, and family (both dependents and support). The length of time immigrants use public benefits will be considered in immigration decisions. We recommend consulting with an immigration attorney before making any decisions about applying for or disenrolling from any benefits programs. 
  • These changes apply to immigration applications only for people who are already in the United States.

 

  • The benefits considered under the new “public charge” rules are:
    • Cash benefits such as:
      •  Emergency Aid to the Elderly, Disabled, and Children (EAEDC) from the Department of Transitional Assistance (DTA)
      • Transitional Aid to Families with Dependent Children (TAFDC) from the Department of Transitional Assistance (DTA)
      • Supplemental Security Income (SSI)
    • Supplemental Nutrition Assistance Program (SNAP)
    • Federal housing assistance: Section 8 and federal public housing
    • Non-emergency Medicaid for people ages 21 and above (except pregnant women, including 60 days after pregnancy)
  • Many programs are not included in the public charge test. The following programs are NOT be counted in the “public charge” test:
    • Women, Infants, & Children Nutrition (WIC) Program
    • Health Safety Net
    • MassHealth Limited (Emergency Medicaid)
    • MassHealth coverage for pregnant women (including 60 days after pregnancy)
    • MassHealth coverage for children and young people under age 21
    • MassHealth coverage paid by state-only funding
    • Coverage through the Health Connector, including ConnectorCare
    • Children’s Medical Security Plan (CMSP)
    • Medicare
    • COBRA
    • Veterans Administration Coverage and Tricare

  • Benefits used by family members will not count in public charge decisions made in the U.S. U.S. citizen family members are entitled to use the nutrition, food, or housing programs that help them thrive. For example, benefits received by children in a green card applicant’s household will not count against the applicant if the application is processed in the U.S.
  • Immigrants with adjustment of status cases filed BEFORE February 24, 2020 will not be subject to the new rule.
Learn More 

Reminder - these fact sheets are not intended to replace legal advice from a trained immigration or public benefits attorney.

-Thanks to Brooke Alexander for sharing key material for this article.

-Adapted from SCOTUS LIFTS INJUNCTION, ALLOWING PUBLIC CHARGE RULE TO TAKE EFFECT, Mario Paredes, MLRI, January 29, 2020, with additional material from Update: Supreme Court’s Public Charge Immigration Rule Decision, Justice in Aging, January 29, 2020, Politico and Protecting Immigrant Families (PIF) as well as the fact sheets above.

 

 

RAFT Upstream- DHCD Indicates They Intend to Continue with $4K Cap Despite New Legislative Language

Late last year the Legislature passed the long-awaited supplemental budget to close out fiscal year 2019. It included language and $2.03 million in additional funding for the Upstream RAFT pilot already underway (as reported last month, RAFT Upstream Homelessness Prevention Program Further Expanded, MGH Community News, December 2019). The Governor signed the Upstream RAFT language and most parts of the budget into law.

Under the initial Upstream RAFT pilot administered by the Department of Housing and Community Development (DHCD), eligible households could access up to $4,000 to assist with back rent and back mortgage payments without having to be in the midst of an eviction or foreclosure. With the passage of the supplemental budget, the amount of assistance could increase for most households, as the legislative language allows DHCD to transition from a flat cap of $4,000 to a cap of up to four months of back rent or mortgage payments. DHCD, however, has indicated that they intend to continue implementing the program with a $4,000 cap.

Advocates are seeking legislative follow-up/clarification to DHCD on this matter so that the upstream resource can be even more useful for households paying market-rate housing costs.

The budget language also directs DHCD to spend at least $7 million on the pilot program and also allows DHCD to carry over the Upstream RAFT funds until the end of FY'21, in case the funds are not expended fully this fiscal year, FY'20. The budget language formalizes the program, provides greater transparency, and increases accountability through expanded tracking and reporting requirements.

See Upstream RAFT flyer-updated.

- From Be part of the efforts to further expand the state's upstream homelessness prevention initiatives, Kelly Turley, MA Coalition for the Homeless, January 08, 2020.

 

MA Rape Kit Tracking System Launches Giving Survivors Online Access to Track Evidence

A confidential online system that will allow survivors of rape and sexual assault to track their evidence kit as it moves through the testing process has launched in Massachusetts, officials said this week.

The sexual assault evidence collection kit tracking system, known as Track-Kit, has launched in six of the state’s counties. The system went live in southeastern Massachusetts on Jan. 6. A second regional launch for Central and Western is scheduled for next week. The entire state is expected to have the system by March, according to the office of Gov. Charlie Baker.

Sexual assault evidence kits, also known as rape kits, are collected at hospitals. Medical professionals use cotton swabs and other materials to collect DNA from a survivor’s body. From the hospital, DNA should go to a crime lab for testing.

Track-Kit is mobile-friendly and will allow survivors to follow their kit from collection through the testing process. The system will allow survivors to track kits collected after the regional launch date, the governor’s office wrote in a statement.

The system also makes tracking information available to medical personnel, investigators, crime labs and prosecutors responsible for each kit.

In addition to allowing survivors and authorities to track a kit’s progress, Track-Kit also offers information on local rape crisis center resources; specific contact information at the hospital, police department and district attorney’s office involved in their case; and 24-hour access to technical tracking system support, according to the statement.

The criminal justice reform act, signed by Baker in 2018, granted authority to the state Executive Office of Public Safety and Security to establish the tracking system. EOPSS asked for input from survivors, victim advocates, public health and public safety officials, crime lab personnel and information technology specialists. After a procurement period, EOPSS contracted with STACS DNA, which has developed similar tracking systems for Arizona, Michigan, Washington, Nevada and Texas.

Southeastern Massachusetts, the first region to go live with the system, included Barnstable, Bristol, Dukes, Nantucket, Norfolk and Plymouth counties. The second region, Berkshire, Franklin, Hampden, Hampshire and Worcester counties, is planned to go live on Feb. 3. Essex, Middlesex and Suffolk counties, the third region, are scheduled to go live a few weeks later.

The Executive Office of Public Safety and Security and the Executive Office of Technology Services and Security is providing training for personnel from the State Police Crime Lab and stakeholder agencies including medical facilities, police departments and district attorney’s offices.

Legislation passed in 2016 requires rape kits to be stored for 15 years, in line with the statute of limitations for sexual assault.

-See the full Mass Live article.

 

 

Free Tax Prep Help- Including One with No Income Limit

Whether you’re confident enough to do your taxes yourself or not, check the following resources to see if you qualify to get your taxes prepared free.

United Way: The nonprofit offers MyFreeTaxes.com in partnership with H&R Block. You can file both your federal and state returns free. For the first time this year, there is no income limit. MyFreeTaxes will be offering filing support via phone and online chats in English and Spanish.

Volunteer Income Tax Assistance (VITA): This IRS-run program offers free tax preparation to folks who make $56,000 or less, those who are disabled, or taxpayers who speak limited or no English.

Tax Counseling for the Elderly: Despite the title, assistance is offered to low- and moderate-income taxpayers, not just the elderly. TCE specializes in addressing retirement and pension-related issues.

To find a VITA or TCE site near you, call 800-906-9887. You can also look for a site near you at irs.gov. Search for “Find a Location free Tax Help.” Most sites don’t open until around the end of January.

At some locations, you can prepare your own basic federal and state tax return free using tax-preparation software. An IRS-certified volunteer can help guide you through the process, but this service is only available at locations that say “Self-Prep.”

AARP Foundation Tax-Aide: A majority of the TCE sites are operated by this program. Volunteers are trained and are IRS-certified each year to ensure they understand the latest tax-code changes. There’s no age requirement to get tax assistance. To locate the nearest Tax-Aide site, go to aarp.org/findtaxhelp or call 888-227-7669. The majority of the sites will open on or around Feb. 1.

MilTax: The Defense Department through Military OneSource offers free e-filing software to service members and their families, allowing them to file their federal and state tax forms. MilTax consultants are also available for in-person support at VITA locations.

MilTax provides assistance for tax situations that are specific to military life, such as reporting deployment and combat pay. Go to MilitaryOneSource.mil or call 800-342-9647 for more information.

IRS Free File: This is a partnership between the agency and the Free File Alliance, a group of private preparers who have agreed to make their federal tax-return products available free to taxpayers whose adjusted gross income was $69,000 or less in 2019. To search for companies offering Free File, go to irs.gov/freefile.

Before settling on one company, check to see if you can also file your state return free. Some companies will prepare your state return and e-file it at no cost through partnerships with participating state programs.

If your income is more than $69,000, you can use the Free File Fillable Forms, which are the electronic versions of IRS paper forms. When using the free fill-in forms, keep in mind they don’t come with the brand-name software assistance available through Free File.

New for tax season is an agreement between the IRS and companies participating in the Free File program that they won’t steer taxpayers to commercial products that cost money. If you’re searching for this program, be sure to look for language that says, “IRS Free File Program delivered by [company name or product name].”
You may see some free offerings from major tax-preparation companies, but before you use the service, double-check that you won’t be charged.

-See the full Washington Post column.

 

 

New MassHealth PCA PCM Organizations and PCA Rules Update

MassHealth entered into new contracts with Personal Care Management (PCM) agencies effective Jan 1, 2020.  PCMs are responsible for many aspects of the PCA program including making an assessment and requesting authorization for hours of service. Five agencies that provided PCM services in 2019 and prior years were not chosen in 2020 and a 6th did not seek renewal. Approximately 2300 MassHealth members who had been using one of the six non-renewing PCMs were reassigned to new PCMs, but are free to choose any available PCM.

In addition One Care and SCO plans were given the option to drop one or more of the non-renewing PCMs from their PCM networks effective Jan 1. The non-renewing PCM agencies are: BayPath Elder Services, Family Services Associates of Greater Fall River, Montachusett Home Care Corp (MHCC), Old Colony Elder Services and Toward Independent Living and Learning (TILL), and PRIDE.

One thing to watch out for is whether a new PCM may recommend fewer hours than the former PCM when there has been no improvement in the member’s condition or circumstances. A reduction in hours like this will probably require legal advocacy just to get a hearing.

Amended Regulations

MassHealth is amending the Personal Care Attendant program regulations to update and clarify certain requirements of the program.

The revised regulations make updates and clarifications effective January 1, 2020, including.

  • Permit evaluations and re-evaluations for PCA services to be reviewed, approved, and signed by the member’s physician, nurse practitioner, or physician’s assistant instead of requiring that PCA services first be ordered or prescribed by the member’s physician or nurse practitioner.
  • Permit the use of an administrative proxy instead of a surrogate when members require assistance with performing administrative functions related to management of PCA services.
  • Require an assessment of a surrogate or administrative proxy’s ability to manage PCA services on behalf of members receiving PCA services.
  • Update the description of activities of daily living (ADLs).
  • Incorporate technical corrections to accurately reflect the program role of PCM agencies and fiscal intermediaries.
  • Reference requirements for types of functional skills trainings to be performed by PCM agencies.

-See the full Transmittal letter and revised regulations; additional material from email statement from Vicky Pulos, MLRI, January 07, 2020.

 

 

US Census Income Non-Countable for SNAP, TAFDC and EAEDC

In preparation for the nationwide 2020 Decennial Census the Federal Government is actively recruiting and hiring thousands of individuals. Concern about temporary earned income affecting eligibility for means tested benefits including Supplemental Nutritional Assistance Program (SNAP), Temporary Aid to Families with Dependent Children (TAFDC) and Emergency Aid to the Elderly Disabled and Children (EAEDC) has been a challenge to the recruitment of census workers. In order to minimize concerns and incentivize census employment, the Massachusetts Department of Transitional Assistance (DTA) has pursued and received USDA approval to exclude temporary income from census employment when determining eligibility for these programs.

Earnings of temporary decennial census workers will be noncountable income for DTA programs (SNAP, TAFDC, EAEDC).

Note that this is not an exhaustive list of means-tested benefits. Patients receiving other means-tested benefits should seek consultation from an experienced advocate before accepting census employment.

See the full Online Guide Transmittal 2019-98 Treatment of Census Earnings.

Learn more about Census jobs.

- Adapted from Warm welcome to DTA Commissioner Kershaw:, Treatment of US Census income; Min wage impact on SNAP; EITC outreach, upcoming events, Pat Baker, MLRI, January 06, 2020.

Addendum, hot off the press (added 1/31 2:30 pm): different rules apply to MassHealth. See the fact sheet from Mass Law Reform. NOTE: SSI will be counting about half of any earned income including temporary Census earnings.

 

 

Certain Disability Payments and Workers’ Compensation May Affect Your Social Security Benefits

Disability payments from private sources, such as private pensions or insurance benefits, don’t affect your Social Security disability benefits. Workers’ compensation and other public disability benefits, however, may reduce what you receive from Social Security. Workers’ compensation benefits are paid to a worker because of a job-related injury or illness. These benefits may be paid by federal or state workers’ compensation agencies, employers, or by insurance companies on behalf of employers.

Public disability payments that may affect your Social Security benefits are those paid from a federal, state, or local government for disabling medical conditions that are not job-related. Examples of these are civil service disability benefits, state temporary disability benefits, and state or local government retirement benefits that are based on disability.

Some public benefits don’t affect your Social Security disability benefits. If you receive Social Security disability benefits, and one of the following types of public benefits, your Social Security benefits will not be reduced:

  • Veterans Administration benefits;
  • State and local government benefits, if Social Security taxes were deducted from your earnings; or
  • Supplemental Security Income (SSI).

You can read How Workers’ Compensation and Other Disability Payments May Affect Your Benefits to find out about the possible ways your benefits might be reduced.

Please be sure to report changes. If there is a change in the amount of your other disability payment, or if those benefits stop, please notify us right away. Tell us if the amount of your workers’ compensation or public disability payment increases or decreases. Any change in the amount or frequency of these benefits is likely to affect the amount of your Social Security benefits.

An unexpected change in benefits can have unintended consequences. You can be better prepared if you’re informed and have financially prepared yourself. Visit our benefits planner for information about your options for securing your future.

-See the full SSA blog post.

 

 

More Areas of MA Waived from SNAP Work Requirements- At Least for Now

As reported last month (Administration to Limit SNAP Work Requirement Exemptions for High Unemployment Areas, MGH Community News, December 2019), the Trump Administration has restricted state’s ability to waive SNAP work requirements in areas with high unemployment. Work requirements apply to individuals age 18 to 50 who are “able bodied without dependents” or “ABAWDs.”

The new ABAWD federal regulations will not take effect until April 2020.  They are NOT in effect now and many states are discussing litigation to raise concerns that USDA did not follow the proper federal rulemaking process.  If a court does not stop or slow down the final regulations, DTA will likely start notifying SNAP recipients who may be impacted in February or March.

In the interim more areas of MA will be waived for at least 3 months of 2020!  Historically most states sought geographic waiver from USDA on an annual basis, based on state and local unemployment information.  Thankfully, DTA applied and received USDA approval to waive 83 cities and towns for 2020 (an increase of 35 towns.  See the list of the cities and towns where residents are NOT subject to the 3-month time limit, with highlights showing the 35 NEW areas waived and a comparison map.

While Massachusetts enjoys a low unemployment rate now, the federal rules if implemented will significantly strip away the state’s ability to respond to local and regional economic crises where unemployment is elevated, such as the spike in closed businesses and unemployment due to the Columbia Gas fiasco in Merrimack Valley, the high seasonal unemployment on Cape and Islands and Western MA, the persistent high unemployment in the “gateway cities” of Lawrence, Springfield, Fall River, New Bedford.

All the regular ABAWD exemptions will continue, even if the final rules are effective in April 2020.  There is NO change to the exemptions for individuals who live with a child (even if not their own child), have a disability or incapacity, are homeless, are caring for a disabled person, applying for/receiving unemployment, etc.

DTA has expanded some of the work and training options for ABAWDs and other SNAP recipients.  DTA is working with Mass Hire Career Centers to provide SNAP ABAWDs with access to additional programs and services.  See also SNAP Path to Work.

NONE of the other SNAP rules proposed by the Trump Admin are in effect.  This includes the proposed rule to limit the gross income test and impose an asset test (broad-based categorical eligibility or to lower the utility deduction.  There are NO final SNAP regulations and we anticipate there will be legal challenges to those as well.

- From Update on SNAP ABAWD eligibility 2020 – two steps forwards and backwards, Pat Baker, MLRI, January 16, 2020.

 

 

State Department Final Rule Targeting Pregnant Women and New Requirements for Those Seeking Medical Treatment

Last week, without advance notice or a comment period, the State Department issued a surprise final rule (effective January 24, 2020) which gives visa officers more power to block pregnant women from visiting the United States. The rule pushes consular officers to reject tourist (B visa) applications for women that are suspected of coming to the United States to give birth. The Trump administration is signaling to officers abroad that women who are close to delivering a child should be added to a growing list of immigrants unwelcome here. For more information, the National Immigrant Law Center recommends this article from the New York Times. 

New Medical Treatment Requirements

The final rule also codifies a requirement that B nonimmigrant visa applicants who seek medical treatment in the United States must demonstrate, to the satisfaction of the consular officer, their arrangements for such treatment and establish their ability to pay all costs associated with such treatment. Visa applicants must show,to the satisfaction of a consular officer, a legitimate reason why he or she wishes to travel to the United States for medical treatment, and that a medical practitioner or facility in the United States has agreed to provide treatment. Additionally, the applicant must provide the projected duration and cost of treatment and any incidental expenses, that he or she has the means and intent to pay for the medical treatment and all incidental expenses, including transportation and living expenses, either independently or with the pre-arranged assistance of others.

 Below are some talking points the Immigration Hub: 

  • Trump’s Anti-Woman Body Shaming Test is Not Immigration Policy. Trump is once again ploughing over U.S. laws to buttress and exploit anti-immigrant sentiment in his base. His primary tool this time literally requires the public body shaming of women and girls - both those who are pregnant and those who “look” pregnant to the untrained and wholly unqualified opinion of our consular officers around the world.
  • Women and girls have the right to equality, dignity, autonomy, bodily integrity and respect for their private life without discrimination under U.S. and international law. Forcing women to prove, in public, that they are not traveling to the U.S. to give birth, or not even pregnant, is simply a violation of their rights and won’t stand court scrutiny.

Pregnancy is Not a National Security Issue. Through this regulation, pregnancy is now considered a national security threat. Trump has made clear his disdain for brown and black people consistently, and now he has added all girls and women to his list of undesirables.

- Adapted from email statement from Connie Choi, NILC, January 27, 2020 and the 1/24/20 Federal Register.

 

 

Complaints Against Guidewire- DDS Residential Provider

At a Springfield group home for individuals with developmental disabilities, staff encouraged residents to fight each other and awarded prizes including money, cigarettes, marijuana and alcohol, according to reports made to state officials in 2011.

Eight employees were fired, according to the state Department of Developmental Services. A spokesman for SEIU 509, which began representing Guidewire workers in 2012, said in 2018 the employees were given the right to return to work at facilities funded by the Department of Developmental Services.

Guidewire was subject to a corrective action plan that included unannounced visits by Department of Developmental Services staff and regular meetings between state workers and Guidewire leadership. Staff were retrained, a new human rights coordinator and new residential services director were hired, the agency conducted daily and then weekly monitoring visits to its residential programs, and each residence was assigned its own program director.

In September 2011, Guidewire’s founder and longtime president Linda Sullivan left.

No criminal charges were filed.

Information about the fight club, which has never before been reported publicly, was obtained by The Republican/MassLive through a records request to the Disabled Persons Protection Commission for complaints made about Guidewire. The information reveals that in the years since the fight club, homes run by Guidewire have continued to be the subject of complaints alleging abuse and neglect.

The records show 279 complaints made against Guidewire between 2013 and early September 2019. Many were unsubstantiated, closed or not investigated because they did not fall under the agency’s jurisdiction — for example, cases in which the alleged abuser was not a caregiver or there was no serious injury. A few were redacted because of ongoing investigations. Some complaints fell under the jurisdiction of other state agencies dealing with children and the elderly, both of which refused to provide information about investigations, saying they were confidential under state law.

Of the 279 complaints, 33 were investigated and substantiated; some incidents resulted in multiple complaints.

According to corrective action plans obtained from the Department of Developmental Services through a separate records request, at least 10 more Guidewire employees have been fired since 2013.

The Massachusetts Coalition of Families and Advocates, which advocates for people with developmental disabilities, identified Guidewire as one of the service organizations in the state with the most complaints filed, substantiated and referred to DAs. From fiscal 2010 to 2019, their comparison found, Guidewire had 46 substantiated complaints, while one other provider had 40 substantiated complaints and no others had more than 30. That comparison does not consider each organization’s size or client severity.

With offices in Springfield, Chicopee and Pittsfield, Guidewire serves around 125 people at more than 45 homes around Western Massachusetts, according to Peter Vangsness, vice president of operations at Guidewire. It has a reputation for accepting some of the most challenging clients.

Experts say the problems at Guidewire point to systemic problems in a low-wage, high-turnover industry that serves some of the state’s most vulnerable residents — and is ripe for abuse.

Since 2011, Vangsness said, Guidewire has increased its training, oversight and education. House managers, who are former direct care staff, oversee the homes.

The number of complaints has decreased, Vangsness said, adding: “I think we have improved our systems. We are better at educating our staff and oversight of staff."

Vangsness said when there is an allegation, the accused staffer is removed immediately from the home, and administrators decide whether to suspend or terminate them.

bill that passed the state Senate, but not yet the House, would create a registry of care providers who had a substantiated allegation of abuse leveled against them. The registry would be shared with potential employers, who would be prohibited from hiring anyone on the registry.

Leo Sarkissian, executive director of the Arc of Massachusetts, which advocates for people with disabilities, said the registry would establish a civil process to make sure people who abuse individuals with disabilities leave the field.

- See the full Mass Live article.

 

Program Highlights

 

Free or Low-Cost PT: Marjorie K. Ionta PT Center for Clinical Education and Health Promotion

The Marjorie K. Ionta PT Center for Clinical Education and Health Promotion at MGH Institute of Health Professions is part of the Department of Physical Therapy in the School of Health and Rehabilitation Sciences. The Ionta PT Center, located on our Charlestown Navy Yard campus, provides pro bono services to individuals in the local community who may not otherwise have access to physical therapy care or those whose insurance benefits have expired but still need continued therapy.  We offer comprehensive assessment, therapy and specialty services for both neurological and musculoskeletal issues.

Graduate students enrolled in our Doctor of Physical Therapy program apply the skills they have learned from Institute faculty to care for clients with a range of orthopedic, neurological, and multisystem impairments. Depending on client and community need, group therapy/interventions, wellness intervention, and care for individuals across the life span may also be introduced. Our clinicians are mentored by certified and licensed faculty members of the Department of Physical Therapy, who closely supervise all sessions.

The program does have a waitlist that can be significant. As of earlier this month they have an  8-10 person waitlist.  It may take several months for a person to get into the Center. While there is no limit to the number of visits offered, services are based on both the patient’s need and the students’ evolving educational needs.

Marjorie K. Ionta PT Center for Clinical Education and Health Promotion
MGH Institute of Health Professions
Charlestown Navy Yard, Boston
The Center, located on the first floor of Two Constitution Wharf (2CW), is handicap accessible. Directions to and parking for 2CW.

For inquiries:
ptcenter@mghihp.edu

Coordinator, Physical Therapy Center for Clinical Education and Health Promotion
(857) 272-2920

Referral form

- Adapted from, and for more information see the Marjorie K. Ionta PT Center website

- Thanks to Melissa Alao for sharing this resource.

 

 

City of Boston Office of Language and Communication Access

The City of Boston’s Office of Language and Communication Access works to ensure that people can access the information and city services they need through interpretation, translation and assistive technology.

Interpretation

What is interpretation? When you listen in one language and then communicate what is said in a different language. Interpretation services can be made available by phone or video within a couple of minutes. We also offer interpretation in American Sign Language in person, as well as through Video Remote Interpreting (VRI). For in-person appointments and city meetings or events, we recommend you request an interpreter at least two weeks in advance. 

Translation

What is a translation? When you take written text and convert it into another language. A translated document reflects the meaning of the original text as much as possible. All forms and documents you may need can be translated in any language. Let us know if you might need alternative formatting to any document.

First, ask the city department if a translated copy in your language is available. If one is not available, you can request a translation. Allow at least two weeks for completion.

Assistive technology

What is an assistive technology? Tools and services that make life easier for those who need more support. 

The City can support Communications Access Real-time Translation services (CART) and provide assistive listening devices and interpretation equipment. If you need access to any of these services or equipment, please contact the city department directly at least two weeks in advance.

For More Information

See the website or download the brochure (also available as ASL video “brochure”).

-Thanks to Lorrie Bertrand for sharing this important resource.

 

 

Grateful Friends- Supporting Cancer Survivors

Grateful Friends is a Peabody based non-profit supporting adult (18+) cancer survivors. Programs include: Comfort Basket™ Program – Grateful Friends signature service for adults going through chemotherapy and/or radiation therapy – a basket brimming with supplies aimed at providing some comfort and a little bit of fun.

  • A Little Peace of Mind Program – Bill paying assistance for adults living with or going through treatments facing financial difficulties as a result of their cancer.
  • Need a Break Program – Providing adults living with cancer or going through cancer treatments an “escape” from the Big C by providing resources for entertainment including dinner, movies, shows, concerts, sporting events, etc.
  • Thank You Program – Providing adults living with or going through cancer treatments the opportunity to acknowledge a caregiver for their selfless assistance by sending a thank you gift.

Patients can receive One Comfort Basket™ per recipient per calendar year. Baskets value is approximately $125. There is a total maximum benefit of $1000 per recipient per calendar year between ALL GF programs.

Questions

If you have any questions, contact info@gratefulfriends.com or message on their Facebook page. Please do NOT sent application forms via email.

More Information

Grateful Friends website

Addendum- Additional Information and Applications

Program requires a doctor’s note on letterhead that the patient is under their care for cancer.  There aren't any geographic restrictions.  

- Thanks to Kara Conway Riponi for sharing this resource.

 

 

Trafficking Victims' Assistance Program

International Institute of New England- Boston’s Trafficking Victims Assistance Program (TVAP) seeks to help foreign national survivors of human trafficking achieve HHS certification and provide trauma-informed, person-centered, comprehensive case management services, facilitating timely access to vital services they need to stabilize and re-establish their ability to live independently.

TVAP clients can be certified, or pre-certified. If they have certification (usually minors), they will have an Eligibility Letter or Interim Assistance Letter from the Office of Trafficking in Persons (OTIP) saying they have suffered a severe form of trafficking and are eligible for benefits to the same extent as a refugee. If they are pre-certified, they can still be eligible. What TVAP requires to enroll pre-certified clients in the program is a screening (a letter of support saying they have suffered a severe form of trafficking) from law enforcement or an attorney who is working with them in some capacity.

The program provides case management and financial assistance while they work on filing for a T/U visa. The case management is for 1 year, and the financial assistance is limited and it comes directly from the United States Committee for Refugees and Immigrants (USCRI), and usually lasts 6-8 months depending on the client's needs. This case management looks different for every client based on the individual case. Case management can include but is not limited to referrals for medical services, legal assistance, ESL, translation and language access, emergency assistance, safety planning, prepaid phones, transportation, school enrollment, and community orientation- all based on what the client needs.  

An MGH Freedom clinic clinician shared via email “We have trafficking patients at the Freedom Clinic who have benefited greatly from their services, but.... IINE works with all immigrants (not just trafficking victims).”

If you have a client you believe might be eligible for TVAP services, or if you have questions or concerns, please do not hesitate to contact Tessa Lutz, Case Specialist, Community Services, International Institute of New England- Boston (617) 695-9990 x 2070.

More Information: https://iine.org/boston

- Thanks to Fiona Danaher,M.D., for bringing this resource to our attention.

 

 

New Issue Brief Counters Harmful False Beliefs about Medicare Coverage for Skilled Care

This month, the Center for Medicare Advocacy, a national nonprofit, released a new issue brief on an often-misunderstood aspect of coverage for people with chronic illness who need longer term care. 

Titled “The Jimmo v. Sebelius Settlement Agreement: An Issue Brief for Medicare Providers,” the brief explains Jimmo v. Sebelius, a nationwide class action lawsuit that was brought on behalf of individuals with chronic conditions who had been incorrectly denied Medicare coverage for maintenance nursing or therapies. In 2013, a U.S. District Court approved the settlement agreement, which required the Centers for Medicare & Medicaid Services (CMS) to confirm that Medicare coverage is determined by a beneficiary’s need for skilled care, not their potential for improvement. 

Prior to the settlement, many beneficiaries who needed care in settings like home health or nursing facilities found that their claims were denied on the basis that they were not improving. In addition, many providers thought that was the standard, and would refuse to provide care. The Center for Medicare Advocacy, along with Vermont Legal Aid, represented the plaintiffs and successfully argued that this interpretation of Medicare rules was incorrect and harmful.

The court case, Jimmo v. Sebelius (Jimmo), ended in a settlement where the federal government confirmed that Medicare coverage is determined by a beneficiary’s need for skilled care and does not rely on any potential for improvement. This applies to all Medicare beneficiaries throughout the country who are receiving care in home health, skilled nursing facilities, outpatient therapy, and inpatient rehabilitation hospitals and facilities. Today, the policy is clear: skilled care may be necessary to improve, maintain, or slow further deterioration of a patient’s condition.

The Jimmo Settlement clarifies that beneficiaries are eligible for skilled care when they need it and not just when the care might result in improvement. However, providers, beneficiaries, and advocates still encounter problems on occasion where claims are errantly denied. Because of this, the issue brief is a valuable resource that can help stakeholders better understand the rules in order to ensure people with Medicare get the care they need.

Read the Center for Medicare Advocacy issue brief on Jimmo.

- From New Issue Brief Counters Harmful False Beliefs about Medicare Coverage for Skilled Care, Medicare Watch, The Medicare Rights Center, January 16, 2020.

 

 

NPR’s “Life Kit” Explores How to Start Therapy

Feeling anxious? Overwhelmed? Unhappy? Not sure what you're feeling at all? These might be signs that your "check engine" light is on and seeing a therapist could help.

If the mere thought of trying to find help seems overwhelming, you're not alone. Plenty of people put off seeking treatment or try to ignore symptoms because mental health is often easier to brush off as not urgent.

"We feel like there's a hierarchy of pain, and if our problem doesn't feel big enough, we wait until we're basically having the equivalent of an emotional heart attack before somebody will make that call," says Lori Gottlieb, a psychotherapist, advice columnist and author of the book Maybe You Should Talk to Someone.

On top of that, the process of researching and scheduling that first appointment can be an emotional burden on its own — but procrastinating often allows the problem to grow. If you wait until things get really bad, the harder it will be to address.

We've got four tips to help you make therapy work for you. Be sure to listen to the Life Kit episode "How To Start Therapy" for more advice from experts who know that this is more than just making a phone call. If it were that easy, you'd have done it already!

1. Acknowledge stigmas that might be holding you back from seeking help.

The fear of being stigmatized can keep us from seeking treatment. Our attitudes about mental health likely come from family, friends, society at large, the media — and even our own inner voices.

"I think that a lot of people feel like if they start therapy, that means something's wrong with them and other people might look at them differently," says Gottlieb.
The reality is that people close to us often notice when we're having a hard time. In fact, they're likely catching some negative side effects, since we tend to take things out on our loved ones. Remember, you're doing this for them too.

A good first step is to reframe therapy for yourself. "I think of seeing a therapist as just getting a second opinion about what you're doing," says Pahoua Yang, vice president of community mental health and wellness at the Amherst H. Wilder Foundation. "And then you can decide from there."

If you're concerned about privacy or disclosure, therapy is confidential. No one has to know! Licensed mental health professionals are bound by the law to protect your privacy. Unless someone is a threat to themselves or others, what goes on in therapy stays in therapy.

2. Find the right therapist — or type of therapy — for you.

Start by making a list of potential therapists. If you have medical coverage, your insurance company can help make that list for you. Ask the company for some nearby professionals who take your insurance.

Psychology Today also has a database, which you can use to search for providers in your area, along with specialties, reviews and experience.

Once you've identified a few potential therapists, reach out. Come up with some starter questions to ask when you interview them over the phone. What experience do they have working with your issue or community? How does a typical session with them work? Do their available hours match yours?

Asking questions before a visit can help you know what to expect. But Gottlieb says the visit itself is the most important piece. "The reality is, you're not gonna know if it's the right fit until you're sitting in a room with that person," says Gottlieb.

If transportation, access or motivation is a problem, online therapy like the app BetterHelp might be helpful. You can also ask to do Skype sessions, but make sure the therapist is licensed in your state. Otherwise, the therapist can't legally treat you.

Not insured? Or on a tight budget? Look up a local clinic at a hospital or university where you can get low- to no-cost therapy with a therapist in training.

Group therapy can also be a great low-cost option. Group sessions tend to be relatively affordable compared with one-on-one sessions — sometimes even free.

Open Path Collective offers a network of therapists who charge $30 to $60 a session. And some professionals price their sessions on a sliding scale fee, meaning their rates vary based on a customer's ability to pay. If you can't afford your preferred professional's rates, it's worth asking if sliding scale payments are an option at the therapist's practice.

3. It's OK to move on to a different therapist, or kind of therapy, altogether.

If your current therapist doesn't feel like a good fit, it's fine to "break up" with the person.
Mental health professionals want you to get better, even if it's not in their care. Your current therapist might even be able to help identify a colleague who would fit better.

4. If you're comfortable with it, talk about therapy with others.

Breaking down a stigma takes time. By talking openly about therapy and demonstrating its benefits, you just may inspire someone else to try it out.

-See the full NPR story and for additional detail listen to the full Life Kit podcast.

 

Health Care Coverage

 

Medicare Now Covers Opioid Treatment Programs and is Primary Payor for Dual Eligibles

There are some changes this year to how Medicare covers treatment for opioid use disorders. As previously reported (Upcoming Medicare Coverage Improvements for Treatment for Opioid Use Disorder, MGH Community News, November 2019), as a result of federal legislation, Medicare Part B covers opioid use disorder treatment received at opioid treatment programs (OTPs) effective January 1, 2020. Medicare previously did not cover OTPs.
 
OTPs, which are also known as methadone clinics, are certified by the Substance Abuse and Mental Health Services Administrations (SAMHSA) to provide methadone as part of medication-assisted treatment. Opioid treatment programs are the only places where you can receive methadone to treat opioid use disorder (if you are prescribed methadone for pain relief, you do not need to receive it from an OTP). Before 2020, Medicare did not cover methadone to treat opioid use disorder because of the way it is dispensed and administered.
 
Now, Medicare covers services provided by an OTP, including:

  • FDA-approved opioid agonist and antagonist treatment medications
    • There are currently three FDA-approved medications: methadone, buprenorphine, and naltrexone
  • Dispensing and administering of such medication (if applicable)
  • Substance use counseling
  • Individual and group therapy
  • Toxicology testing
  • Intake activities
  • Periodic assessments

 
If you have a Medicare Advantage Plan, your plan must cover the same services that are covered by Original Medicare, but can do so with different costs or restrictions.

Dual Eligibles – Medicare is Now Primary Payor

For individuals dually eligible for Medicare and Medicaid, this new coverage means that Medicare is now the primary payer for these OUD treatment services. The Centers for Medicare & Medicaid Services (CMS) has issued guidance to OTP providers, Medicare Advantage (MA) plans, and to states to help ensure that dually eligible individuals who are currently receiving these OUD treatment services do not experience interruptions in care. 

Justice in Aging’s new fact sheet describes the new OTP benefit and how it affects dually eligible individuals' access to treatment for OUD. 

For example:

  • OTP providers and MA plans are prohibited from billing Qualified Medicare Beneficiaries (QMBs) for Medicare cost-sharing for OTP services. In addition, all people enrolled in Original Medicare should not pay any cost-sharing for OTP services once they have met their Part B deductible. 
     
  • States, MA plans, and providers should be following guidance to ensure continuity of care for dually eligible beneficiaries who are currently receiving OTP services.
     
  • State Medicaid programs cannot exclude or deny coverage of transportation (NEMT) for dually eligible individuals to Medicare-covered benefits, including OTP services. 

See the Dual Eligibles Fact Sheet.

- From Dear Marci, The Medicare Rights Center, January 6, 2020 and Changes to Opioid Treatment Services for Dually Eligible Individuals, Justice in Aging, January 16, 2020.

 

 

MassHealth Medicare Savings Programs Eligibility Expanded

The federal Medicare Savings Programs (MSPs) help low income elders and younger Medicare beneficiaries access Medicare benefits. These programs pay Medicare premiums and, in some cases, may also pay Part A and Part B deductibles and coinsurance for certain people with low income. In Massachusetts the MSP consists of the Qualified Medicare Beneficiary (QMB), Specified Low-Income Medicare Beneficiary (SLMB) and Qualifying Individual (QI) programs.

To qualify for a Medicare Savings Program, you must:

  • Have Part A
  • Meet Income and Asset limits

As of January 1, 2020 the income and asset limits have been increased.

Income Limits

  • QMB - Countable income at or below 130% of the federal poverty level (up from 100% as of January 1, 2020.)
  • SLMB/QI - Countable income up to 165% of the federal poverty level (up from 135% as of January 1, 2020.) $1,738 for an individual, $2,346 for a couple.
  • See current FPLs

What is Countable Income?

Countable income is $20 less than gross income, if your only income is unearned income. Greater deductions are allowed if you have earned income.
What are the 2020 Program Resource (Assets) Limits?

  • Individual: $15,720 (up as of 1/1/20 from $7,730)
  • Couple: $23,600 (up as of 1/1/20 from $11,600)

Income and Asset Self-Declaration

Also effective January 1, 2020, rules now allow self-declaration of income and assets for MSP applicants. MassHealth may subject the applicant to an electronic asset verification system search and reserves the right to request additional verification measures at its discretion. MassHealth will perform post-eligibility asset verification activity for a sample of members, in addition to the existing electronic bank verification, as a monitoring step to ensure program integrity.

Note that as of March 1, 2020 upper income limits are expected to increase slightly to reflect annual cost of living allowance to the federal poverty guidelines.

See the new MSP/Buy-In only application form in English & Spanish along with other MassHealth forms.

Additional information and flyers are available in English and Spanish.

- Adapted in part from MassHealth Eligibility Letter 236, December 15, 2019 and from an emailed statement from Vicky Pulos, MLRI, January 7, 2020.

 

 

Medicare Reminder: Part D Prescription Drug Transition Refills

A transition refill, also known as a transition fill, is a one-time, 30-day supply of a drug that you were taking:

  • Before switching to a different Part D plan (either stand-alone or through a Medicare Advantage Plan)
  • Or, before your current plan changed its coverage at the start of a new calendar year.

Transition fills let you get temporary coverage for drugs that are not on your plan’s formulary or that have certain coverage restrictions (such as prior authorization or step therapy).

Transition fills are not for new prescriptions. You can only get transition fills for drugs you were already taking before switching plans or before your existing plan changed its coverage.

The following situations describe when you can get a transition refill if you do not live in a nursing home (there are different rules for transition refills for those living in nursing homes):

  1. Your current plan is changing how it covers a Medicare-covered drug you have been taking.
  • If your plan is taking your drug off its formulary or adding a coverage restriction for the next calendar year for reasons other than safety, the plan must either:
    • Help you switch to a similar drug that is on your plan’s formulary before January 1
    • Or, help you file an exception request before January 1, 2020
    • Or, give you a 30-day transition fill within the first 90 days of the new calendar year along with a notice about the new coverage policy.
  1. Your new plan does not cover a Medicare-covered drug you have been taking.
  • If a drug you have been taking is not on your new plan’s formulary, this plan must give you a 30-day transition refill within the first 90 days of your enrollment. It must also five you a notice explaining that your transition refill is temporary and informing you of your appeal rights.
  • If a drug you have been taking is on your new plan’s formulary but with a coverage restriction, this plan must give you a 30-day transition refill free from any restriction within the first 90 days of your enrollment. It must also give you a notice explaining that your transition refill is temporary and informing you of your appeal rights.
  • In both of the above cases, if a drug you have been taking is not on your new plan’s formulary, be sure to see whether there is a similar drug that is covered by your plan (check with your doctor about possible alternatives) and, if not, to file an exception request. (If your request is denied, you have the right to appeal.)

Note: If you file an exception request and your plan does not process it by the end of your 90-day transition refill period, your plan must provide additional temporary refills until the exception is completed.

Remember: All stand-alone Part D plans and Medicare Advantage Plans that offer drug coverage must provide transition fills in the above cases. When you use your transition fill, your plan must send you a written notice within three business days. The notice will tell you that the supply was temporary and that you should either change to a covered drug or file an exception request with the plan.

- From What is a transition refill? Dear Marci, The Medicare Rights Center, January 21, 2020.

 

 

Medicare Reminder: Medicare D and the “Donut Hole”

The Medicare Part D donut hole or coverage gap is the phase of Part D coverage after your initial coverage period. You enter the donut hole when your total drug costs—including what you and your plan have paid for your drugs—reaches a certain limit. In 2020, that limit is $4,020. While in the coverage gap, you are responsible for a percentage of the cost of your drugs.
 
How does the donut hole work?
 
The donut hole closed for all drugs in 2020, meaning that when you enter the coverage gap you will be responsible for 25% of the cost of your drugs. In the past, you were responsible for a higher percentage of the cost of your drugs.
 
Although the donut hole has closed, you may still see a difference in cost between the initial coverage period and the donut hole. For example, if a drug’s total cost is $100 and you pay your plan’s $20 copay during the initial coverage period, you will be responsible for paying $25 (25% of $100) during the coverage gap.
 
How do I get out of the donut hole?
 
In all Part D plans, after you have paid $6,350 in 2020 in out-of-pocket costs for covered drugs (this amount is just the amount you have paid, not the total drug costs that you and your plan have paid), you leave the donut hole and reach catastrophic coverage. During this period, you pay significantly lower copays or coinsurance for your covered drugs for the remainder of the year. The out-of-pocket costs that help you reach catastrophic coverage include:

  • Your deductible
  • What you paid during the initial coverage period
  • Almost the full cost of brand-name drugs (including the manufacturer’s discount) purchased during the coverage gap
  • Amounts paid by others, including family members, most charities, and other persons on your behalf
  • Amounts paid by State Pharmaceutical Assistance Programs (SPAPs), AIDS Drug Assistance Programs, and the Indian Health Service

Costs that do not help you reach catastrophic coverage include monthly premiums, the cost of non-covered drugs, the cost of covered drugs from pharmacies outside your plan’s network, and the 75% generic discount. During catastrophic coverage, you will pay 5% of the cost for each of your drugs, or $3.60 for generics and $8.95 for brand-name drugs (whichever is greater).
 
Your Part D plan should keep track of how much money you have spent out of pocket for covered drugs and your progression through coverage periods—and this information should appear in your monthly statements.
 
Note: If you have Extra Help, you do not have a coverage gap. You will pay different drug costs during the year. Your drug costs may also be different if you are enrolled in an SPAP.
 
Visit Medicare Interactive to learn more about Part D costs.

- From Medicare Rights Testifies to Congress About the BENES Act, Medicare Watch, The Medicare Rights Center, January 09, 2020.

 

 

MassHealth Primary Care Providers Joining New ACOs Jan 1 and Continuity of Care Protections

In October, 2019 MassHealth notified 37,000 members whose primary care provider joined a new ACO that they would be assigned to that ACO on Jan. 1, 2020. See the list of providers changing plans.

A change in ACO plan can disrupt access to specialists & other providers who were part of the old plan but not the new plan.  There are Continuity of Care protections for the first 90 days after the change to an ACO.

Continuity of care protections require the new plan to temporarily pay specialists who are not in their networks. The specialist must contact the plan to work out the logistics. Here is contact info for the plans and for their behavioral health vendors.

Members who are not happy with their new ACO can change plans during their plan selection period, but will have to find a new primary care provider. Learn more about plan selection.

- From More Jan 1 MassHealth changes, Vicky Pulos, MLRI, January 17, 2020.

 

Policy & Social Issues

 

CMS Releases Guidance Encouraging States to Block Grant Medicaid Programs

CMS released guidance this week encouraging states to block grant their Medicaid program. This guidance will give states the green light to fundamentally change the nature of their Medicaid programs in exchange for trivial flexibility, putting the health and welfare of millions in jeopardy.

The block grant program comes with a new name — “Healthy Adult Opportunity” — but retains the original mission long sought by conservatives: allowing states to cap a portion of their spending on Medicaid, a radical change in how the safety net health program is financed.

The block grant plan, which invites states to request capped funding for poor adults covered by Obamacare’s Medicaid expansion, also would let states limit health benefits and drugs available to some patients.

Medicaid advocates already have vowed to make the block grant an issue in this year’s election, particularly after President Donald Trump repeatedly pledged to protect Medicaid during his 2016 campaign. Democrats have also long warned the Trump administration that they would vigorously oppose any effort to cap Medicaid spending after Congress rejected the idea during the failed effort to replace Obamacare.

But the plan, which Medicaid chief Seema Verma developed for over a year, is seen as a significant step for conservatives who have sought to constrain the safety net program as it has grown to cover about 1 in 5 Americans.

Aware of criticism that any cap on Medicaid funding would target vulnerable patients, Verma will stress that her plan, by focusing just on the Obamacare expansion, will not affect the poorest or disabled patients. Verma has long argued Medicaid expansion is siphoning away resources from the most vulnerable patients covered by the program. CMS will frame the block grant as a way for states to reinvest any savings into care improvements for Medicaid beneficiaries.

States will be required to report their performance in real time, such as whether Medicaid patients see declines in access to providers or health outcomes, which one official said would allow the administration to gauge whether the block grant was truly working to make adults healthier. One official said this could help CMS guard the program against promised legal challenges from advocates who say the administration doesn’t have the authority to cap Medicaid spending.

A previous overhaul authored by Verma — a sweeping effort to impose work requirements on Medicaid beneficiaries — has largely been stalled after a federal judge said the health department failed to consider whether the work rules would meet a statutory program goal of improving patient health.

However, officials are still bracing for the new block-grant plan to be tied up in litigation, perhaps for the remainder of the president’s current term. Some officials also have raised questions about the need to hold the announcement amid the Wuhan coronavirus virus outbreak and closely ahead of Trump’s State of the Union address next week.

The Trump administration also will allow participating states to limit the drugs offered by their Medicaid programs, a sticking point for states frustrated by requirements that the safety net program include an expansive list of medications. Patients with behavioral health needs or HIV would be protected under the Trump administration plan, said one official.

Ed note: Though Massachusetts is unlikely to seek such authority, surrounding states where our patients live may.

-See the full Politico article. Additional material from Speaker Alert: Congressman Frank Pallone on Today's Webinar, Raven Gomez, Families USA, January 30, 2020.

 

 

Opinion: MA Red Flag Law Could Save More Lives If Only More Knew About It

Massachusetts is among 17 states, plus the District of Columbia, with a “red flag” law letting relatives or members of a household — not just law enforcement — petition a court for an “extreme risk protection order” to temporarily seize the guns of a person believed to be a danger to themselves or others. New York joined the list last August, more than a year after Massachusetts, and already has emerged as a leader, becoming the first to let school personnel apply for such an order. Governor Andrew Cuomo also announced a statewide education campaign, including a call center to field questions from family members, police, and educators. By November, he’d already hosted two conferences, with a third scheduled for early 2020. It’s past time for Massachusetts to follow the lead and launch its own large-scale public awareness campaign.

During the Massachusetts red flag law’s first year, 20 petitions for an extreme risk protection order, or ERPO, were filed, with 14 approved, the Globe reported. That’s at least 14 lives potentially saved. Even if it were one life, I would still consider it a resounding success. But as a journalist who’s reported extensively on domestic violence, I can’t help but wonder whether some of the heart-breaking tragedies that have occurred here in the past 18 months could have been prevented if more people knew about extreme risk protection orders.

Tragedies like the October 7 murder-suicide in Abington, where investigators say Joseph Zaccardi, 43, a fledgling children’s book author, shot his wife, Deirdre, their 11-year-old daughter, and their 9-year-old twins before turning the gun on himself. Though statistical data are scarce, criminologists say this type of crime, referred to as “familicide,” is the most common form of mass killing.
Jack McDevitt, a Northeastern University criminology professor chaired the Gun Violence Prevention Committee that led the way to Massachusetts’ red flag law. There are frequently signs before a mass shooting that are either ignored or missed by those closest to the shooter, research shows.

After these incidents, McDevitt says, “We do find out that people did have a fear or concern about these individuals.” In certain situations, even a hearing on whether a person may be dangerous “might be enough to deter the person. Even if you don’t take the guns away, it’s going to make it harder. Not impossible, but harder,” he adds. A 2016 Duke University School of Medicine study found that in 44 percent of extreme risk protection order cases in Connecticut, which became the first state to pass a red flag law 20 years ago, the request for a warrant resulted in gun owners receiving psychiatric treatment they might otherwise not have received.

The sad reality is that many who could benefit from extreme risk protection orders probably don’t know they exist. McDevitt says he suspects that in Massachusetts, “many people do not know they have this right.” Police officers in Connecticut told the Duke researchers they believed the red flag law was not as effective initially for the same reason. Though researchers and advocacy organizations assert that extreme risk protection orders are an effective tool to reduce deadly gun incidents, there aren’t any ongoing, large-scale awareness campaigns in the public safety or public health arenas in Massachusetts

The good news is that two advocacy organizations, Stop Handgun Violence and the Massachusetts Coalition to Prevent Gun Violence, are not idly waiting for a state-sanctioned awareness effort. With the help of two students at the Boston University School of Public Health, they’re collaborating to create a robust website they plan to roll out early this year to supplement the state’s more basic website on how to apply for an extreme risk protection order. They’re also hoping to hold trainings this year for advocacy organization staffers, as well as first responders such as law enforcement agencies. That’s a step in the right direction, but not enough for a state with a population of 6.9 million people.

-See the full Boston Globe opinion piece.

 

 

Legislation to Improve Caregiver Planning for Unexpected Parental Absence

Many Massachusetts health care systems and community organizations serving migrants (immigrants, refugees, asylum seekers, undocumented families, etc.) have been encouraging families to consider filling out temporary Caregiver Affidavits (G.L.c. 201F, §§1- 6) so that families have a plan for someone to have the legal authority to manage health and educational matters for their children if they are unexpectedly detained or deported. And the affidavit can be used in other circumstances as well such as for parents with chronic illness that may require hospitalization, or who serve in the military.

“But while the concept of the caregiver affidavit is valuable, its usefulness is limited under existing law. Currently, a caregiver affidavit goes into effect as soon as it is signed and expires after two years, and the authority given is limited to health care and educational decisions. The law also appears to require that the appointed person already be residing in the home with the child.

That approach is helpful for planned absences in situations in which the child already has a live-in caregiver such as a nanny, but it does not provide coverage when a parent’s absence is unplanned — like for emergency treatment to address substance use or mental health problems, or for arrest, incarceration, detention or deportation. Source: Massachusetts Lawyers Weekly

Caregiver Affidavits are critical because if a parent is unexpectedly detained or deported, there needs to be current and legal authorization to release a child to a designated guardian other than the parent. Otherwise, there is a risk that children will be placed in the custody of the policy and/or the Department of Children and Families.

The Legislative Solution

Massachusetts H.3445 would update and modernize existing law to give families a straightforward way to designate who will care for their children when they are temporarily absent from home or otherwise unavailable. H.3445 would make the existing statute more flexible and more comprehensive. It clarifies the authority of caregivers to deal with daycare providers, enroll children in sports and other afterschool activities, etc. It also allows families to prepare affidavits which will "spring" into effect, just as a springing power of attorney would, if the parent is called into active military service, hospitalized, incarcerated, detained, deported, or otherwise required to be absent from home and children for some period of time.

The Call to Action -- February 5th Deadline

Individuals and organization can send a letter of support for H.3445 to the Massachusetts Legislature’s Joint Committee on the Judiciary, asking for a favorable release of this important bill. A letter of support for H.3445 can be as simple as an email message, although organizational letters should be on letterhead. It can be helpful to state your reasons for supporting the bill.
Address Letters of Support

- From Caregiver Affidavit Support - MA only, Health & Law Immigrant Solidarity Network on behalf of Desiree Hartman, January 26, 2020.

 

 

Immigration Fee Hike, Including Fee for Asylum: Comment Period Reopens For 2 Weeks

USCIS has reopened their comment period for a proposed change to the fee schedule for an additional 15 days, ending onFebruary 10. This impending rule change would make it impossible for many immigrants who aren’t wealthy to gain status or citizenship. The rule would raise application fees for citizenship from $640 to $1,170, for lawful permanent residency from $1,220 to $2,195; DACA renewals from $495 to $765; and for the first time would create a fee for asylum applications.

CLINIC has a template comment available which can be adapted to reflect your and your clients’ concerns. Make sure to tailor the comment and make it your own- only unique comments will be counted.

- From New Rules & Public Charge 101 Webinar, Connie Choi, NILC, January 27, 2020.

 

 

Encourage Census Participation- Why it Matters

U.S residents should begin receiving census forms by email or mail starting in mid-March. Since this year’s census will be the first to be completed largely online, some are concerned that older adults, people with disabilities and people with limited English proficiency may face challenges in participating. 
 
Thankfully, there are multiple ways to complete the 2020 Census—online, on paper, by phone, and in different languages. People can choose the method they are most comfortable with. If the clients you serve need help with the forms, support is available at DisabilityCounts2020.org (note this is a California-based website). Clients should fill out the census form and send it back as soon as they receive it, even though the “official” census date is April 1. 

The information people share with the Census Bureau is confidential and protected by law. Only statistics are reported. Encourage those you serve to make sure they’re counted by the Census. The benefits they rely on may depend on it. 

Critical funding for public libraries, early childhood education, school lunch programs, health services, affordable housing, special education, Medicaid and Meals on Wheels. 

Why do we have a Census?

The U.S. Constitution requires the government to hold a Census every ten years. The census provides vital information:

  • It determines how many Representatives each state sends to Congress in Washington, D.C.
  • Cities and counties rely on census statistics to plan for a variety of needs including new roads, schools, and emergency services
  • Businesses use census data to determine where to locate their offices, factories, and shops
  • Census data also determines how much federal funding to programs that are crucial to the well-being of families and communities comes to each state because federal funding for many services is based on the number of people living in there.

How is the Census taken?
Most households will receive a mailing in March 2020 with options for self-response including completing the Census online or by calling the Census Bureau to complete the form via phone. The Bureau will mail a paper copy of the Census questionnaire to households that do not complete the Census online or by phone by the end of April.
There are special efforts underway by the Census Bureau to count the homeless and people living in group quarters such as nursing homes, student dormitories, and prisons.

What if I don’t complete the Census form?
Households not completing a census form may be called or visited by a representative from the US Census Bureau. The best way to avoid having a Census worker come to your door is to respond to the census online or by phone.

What questions will be asked on the census?
Questions included on the 2020 Census ask about age, sex, Hispanic origin, race, relationship, and homeownership status. There will be NOT be a question about citizenship status.

Is the Census only in English?
The online form and census questionnaire assistance will be available in 12 Non-English languages including Spanish, Chinese (Simplified), Vietnamese, Korean, Russian, Arabic, Tagalog, Polish, French, Haitian Creole, Portuguese and Japanese. Language glossaries and guides will be available in 59 Non-English languages.

Is information taken by the Census private?
Yes! Information given on the census form is confidential. By law, census information is not shared with any other government agency. Census workers take an oath to protect the pri­vacy of respondents and face jail time and/or heavy fines if they violate that oath.

- Adapted from and for more information: DisabilityCounts2020.orgcensus.gov or MA Sec. of State's Census pageAdditional material from Encourage Older Adults to Make Sure They Are Counted, Justice in Aging, January 28, 2020.

 

 

Baker Pushes for More Emphasis on Primary Care, Mental Health

At the heart of his biggest health care initiative as governor, Charlie Baker is proposing a fundamental shift in how Massachusetts delivers care.

Baker has called for new mandates to increase the amount of money health care providers and insurers spend in two critical areas: primary care and mental health care. It’s a long-term bid to change priorities and refocus the health system on services that can help prevent and manage disease, and reduce costly procedures and hospital stays.

The plan has critics. It could be tricky to implement and enforce in a way that doesn’t raise overall health care costs. It is also far from gaining the support of the Legislature and becoming law. 

But the principles behind the governor’s proposal are rooted in research, including evidence from neighboring Rhode Island, where standards for primary care spending have been in place for a decade.

While the numbers vary from state to state, as a share of total health spending, the United States on average spends less on primary care than its peer countries. Instead, the vast majority of health care dollars here go to hospital services, specialty care, and prescription drugs. This is at least partly because the prevailing system of payment for health care in the United States values expensive procedures and treatments over primary care office visits.

“The system is out of balance, and there should be a reallocation,” said Christopher F. Koller, president of Milbank Memorial Fund, a foundation that conducts health policy research.

Massachusetts officials estimate that about 11-15 percent of health care dollars in the state are spent on primary care and mental health care. The governor’s plan would require insurers and providers to increase their current spending in these areas by 30 percent over three years. But it’s vague on the details of how they could arrive at that spending goal. Those that don’t comply may be required to draft a plan for achieving the target, and if they fail to come up with a plan, they could face fines.

To keep costs in check, the administration also would require insurers and providers to continue to adhere to the state’s overall health care spending benchmark, which requires they keep their growth in spending to 3.1 percent per year.

This essentially requires a redistribution of dollars, from high-tech medicine to low-tech encounters between patients and caregivers.

Primary care practices would welcome additional funding that could help them more efficiently take care of patients, said Dr. Russell S. Phillips, director of the Center for Primary Care at Harvard Medical School.

“Primary care is really in crisis right now,” he said. “There just aren’t sufficient resources.”

With more money, clinics could hire additional staff, such as social workers to treat patients with mental illness, nurses to manage care for patients with chronic diseases, health coaches to help patients lose weight and quit smoking, and community health workers to help patients access healthy food.

In addition to benefiting patients, such changes could draw more physicians to the field of primary care, he said, where there is a well-documented shortage of providers. Primary care doctors often have hectic schedules but earn much less than specialists.

Danna Mauch, president of the Massachusetts Association for Mental Health, said the governor’s proposal sets a reasonable — if modest — target for spending. The new funding should be used not just to increase reimbursements for mental health providers, she said, but to expand programs to patients in need, and to integrate these services with primary care.

-See the full Boston Globe article.

 

 

DCF First Annual Report Highlights Progress and Stubborn Problems

Neglected and abused children are lingering in Massachusetts foster care for an average of nearly two years, and many who have reunited with family return to the system at a rate above the national median, according to a new report that underscores the challenges still hobbling the state’s child welfare system.

The Department of Children and Families’ first annual report, while detailing some progress in reducing caseloads and hiring staff, highlights a series of other stubborn issues facing the long-troubled agency.

Children are bouncing between homes within the foster care system at a rate nearly double the national standard, for example. And teens in foster care are graduating high school at a rate far below DCF’s own goals.

The 77-page report is in itself a novel effort. It comes after a working group has already spent more than two years developing better ways to track the department. DCF’s commissioner, Linda S. Spears, called it the “most comprehensive report the department has ever produced.”

But amid the various trends — which are detailed over five years, some for the first time publicly — advocates say it lacks necessary context about how DCF is using the data or what’s driving the changes.

It also doesn’t include other data, such as the number of children who died while under the state’s watch, which DCF officials say they include in a separate report.

“It’s a lot of what, but it’s not a lot of why. And that’s the big worry here,” said Jane Lyons, executive director of Friends of Children, an advocacy organization. Lyons pointed specifically to data on children returning to foster care after reunifying with their family.

The annual report shows DCF has made some headway this year but not enough to meet even previous levels. Nearly 30 percent of children placed in Massachusetts foster care in fiscal year 2019 moved more than twice. That’s an improvement from the previous year but it’s still worse than 2015, when the number was 25 percent.

Children are also shifting within the system at a rate of nearly eight moves per 1,000 days, or roughly three years. That, too, is better than 2018, but it’s still nearly double the national standard and worse than it was four years earlier.

“It’s one of the most detrimental impacts on a kid,” said Lyons, of Friends of Children. “If you’re a child that’s moved eight times, 10 times, 20 times — it’s death by a thousand cuts.”

Since January 2017, the state said it has seen a net gain of more than 300 new foster families, leaving it with 2,297 foster homes, plus 2,036other so-called kinship homes, where a foster child stays with a relative. But that has come as 2,350 foster families have stopped accepting placements between then and Nov. 1.

Susan Elsen, a child welfare policy advocate who sits on the data working group, called the report a good first step. But she said that the group, which has a five-year life cycle, will continue pushing to produce better data, including on how DCF is delivering services to keep kids safe at home and out of foster care.

“We have our work cut out for us for the next three years,” said Elsen, of the Massachusetts Law Reform Institute.

The report also delves into problems beyond foster care. Less than 56 percent of students in foster care graduated high school within four years in 2018, well below DCF’s goal of 67 percent.

Foster children graduate at a lower rate than the general population, as they often move from school to school and suffer chronic absenteeism. But the shortfall points to the need for better communication between DCF and education officials, said state Representative Denise Garlick . It echoed a state audit released last year which found that poor communication and conflicting regulations create educational delays for foster children.

“This is another example of data highlighting the issue but it doesn’t solve the problem,” said Garlick, a Needham Democrat serving as House Speaker Robert A. DeLeo’s point person on improving the foster care system.

-See the full Boston Globe article.

 

 

Walsh Wants Major Companies to Help Finance Affordable Housing

In his bid to tackle Boston’s housing crunch, Mayor Martin J. Walsh is looking for help from a new source: The business community.

Walsh has started pitching major companies and foundations in the city on the idea of pooling their money — perhaps as much as $100 million — to help finance affordable housing in Boston. Discussions are still in early stages, with another meeting scheduled this month. But if the idea comes to fruition, it could make Boston the first city on the East Coast to adopt a strategy that cities and companies are experimenting with out west, where tech firms are putting up millions of dollars to combat a housing crisis many critics say they helped create.

The idea came into sharper focus during his State of the City address, when the mayor pledged $500 million in new spending over the next five years on a variety of affordable housing programs.

One of those programs, aides said, would be seed money for a largely-private fund to help acquire and finance affordable housing.

“It’s not going to solve everything,” said Walsh’s housing chief Sheila Dillon. “But it could be a good resource.”

The concept is loosely modeled on similar efforts in expensive West Coast housing markets. Some have criticized those efforts as too little, too late, given how the exploding tech industry, in particular, has reshaped housing markets in those cities by attracting many thousands of employees, driving up rents and home prices as a result. Others have noted that most of the funds come in the form of loans and land sales — profitable for the companies themselves — not grants. Regardless, the funding programs are beginning to bear fruit.

Efforts here are nowhere near that stage.

Dillon said the Walsh administration would like to be able to seed the fund through some of its own resources, perhaps from a 2 percent tax on high-end real estate sales. The city recently sent such a proposal, known as a home rule petition, to Beacon Hill for legislative approval.

Dillon said the amount of seed money has not been determined, “but it needs to be sizable to signal to the business community that we’re serious.”

While many details remain to be worked out, Rooney said he expects businesses would be receptive to Walsh’s idea. For many companies, Greater Boston’s high housings costs are a growing worry, especially when it comes to hiring and retaining workers who may struggle to afford living here.

-See the full Boston Globe article.