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MGH Community News |
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MGH Community News |
| September 2020 | Volume 24 • Issue 6 |
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. |
Baker Signals He Won’t Extend Eviction Moratorium Beyond October 17 While Study Details Illegal Evictions Governor Charlie Baker has signaled that he’s ready to end Massachusetts' toughest-in-the-nation ban on evictions next month, but said he is working with the state Housing Court to soften the blow for renters at risk of losing their homes. At a news conference in Lowell Wednesday, Baker suggested he won’t extend the moratorium — which since April has blocked all eviction filings statewide — when it expires Oct. 17. Instead, he wants to devise a system that protects both renters and landlords. Baker’s office did not respond to questions seeking more details on that plan, or say whether he has made a final decision on the moratorium, which the governor can extend while the state’s COVID-19 emergency continues. But people familiar with the discussions say a new approach could include mediation and some kind of system to prevent a flood of eviction cases when courts reopen. That would likely be coupled with additional rental assistance or other funding from the state. Earlier this month, a federal judge warned Baker against extending the ban indefinitely. Baker’s comments suggest he won’t, though he didn’t explicitly rule out an extension. His preferred solution appears to be a combination of modified court rules — like what happens if a tenant facing eviction misses a virtual court hearing — and extra funding for programs such as Rental Assistance for Families in Transition, which helps people who fall behind on rent. Every month, more tenants are falling behind on rent. A report Wednesday from the Boston Foundation estimated 18,000 households could face eviction in Suffolk County alone when back rent eventually comes due. And as Coxe and other advocates point out, existing state programs — such as RAFT, which offers up to $4,000 a year for rent — are designed for one-time emergencies, not months-long economic crises. Without more resources, it will be hard to craft a plan that works for tenants and landlords alike, said Doug Quattrochi, executive director of Mass Landlords. “It’s very frustrating. We have said from the beginning that none of this would be necessary if we would come together and guarantee this housing for people,” said Quattrochi, whose group has proposed issuing state bonds for rent relief. “It’s within our ability pay for it.” |
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Study Finds Moratorium Loopholes A two-month investigation of the federal and state moratoriums by Boston University journalism students, in collaboration with the Howard Center for Investigative Journalism, found holes in safeguards against evictions for Massachusetts tenants emerged soon after the laws took effect. At least 70 illegal eviction cases were filed in Massachusetts Housing Court this spring, including 50 violating the national ban that blocked displacing renters in most federally subsidized properties. Some tenants were only a few hundred dollars in arrears, lived in the poorest areas of the commonwealth and nearly all lacked lawyers, court records show. The federal moratorium, in effect from March 27 to July 24, prevented landlords from filing eviction actions against tenants in covered properties for nonpayment of rent or from charging them late fees. Though the Massachusetts cases violating the federal law were withdrawn after Attorney General Maura Healey's office sent cease-and-desist letters to five lawyers filing the cases, the damage to tenants was done. "There's a lot of housing providers that just categorically deny anybody who's been sued for eviction," said Eric Dunn, director of litigation at the National Housing Law Project. "It really can trap people in literal homelessness for long periods of time." Norieliz DeJesus, a housing organizer with the nonprofit Chelsea Collaborative Inc., said the cases, even if dismissed, can harm tenants' credit to the point that it is difficult to obtain future loans for essentials such as cars or education. Besides the illegal federal eviction filings, the investigation found:
- See the full Boston Globe article and the full Salem News article.
CDC (Federal) Eviction Moratorium and Interaction with MA Moratorium and RI Resources This month the Department of Health and Human Services and the Centers for Disease Control and Prevention's jointly issued a nation-wide eviction moratorium. But what does this moratorium actually mean? We’ve broken it down in terms of nation-wide protections, and how they pair with protections in place (or not) in MA and RI. Eviction Moratorium - National
National Moratorium Gaps
National Resources
Eviction Moratorium - Massachusetts
MA Resources
Eviction Moratorium - Rhode Island
RI Resources
- Sources: Samantha Morton, Medical Legal Partnership Boston, September 14, 2020 and Matthew Desmond, Eviction Lab, Sep 4, 2020 (thanks to Laura Maslow-Armand for forwarding).
Voting - Check if Your Registration is Current, Voting for People with Disabilities, Last Minute Voting for Inpatients and More MGH Social Service Department staff can see Voting Rights for this and additional information. Perhaps the most consequential election day in the history of our country is November 3rd. General Voter Information
- This section adapted from: Resources to help you vote, Deborah Weinstein, Executive Director, Coalition on Human Needs, September 1, 2020 Last Minute Voting for Inpatients Last Minute voting - within 5 Days of the election: If a Massachusetts voter has entered a health care facility any time after twelve o’clock noon of the 5th day before the election, contact the city or town clerk about the proper procedure to be followed (will vary). We been informed that New Hampshire does not have a procedure for last-minute absentee voting, but potential voters/their families may want to confirm: Phone: 603-271-3242, email: elections@sos.state.nh.us Voting Rights for People with Disabilities Accessible Polling Places - All polling locations in Massachusetts are required to be accessible. All polling places must provide access on a permanent or temporary basis on Election Day. Accessible Voting Procedures - A voter can choose someone to assist entering the polling location, checking in, entering the voting booth, preparing the ballot, exiting the booth and checking out. Accessible Voting Equipment - Both federal law and state requirements mandate that voting systems be equipped for voters with disabilities allowing such voters to have the same opportunity to vote privately and independently. It is required that every precinct must have at least one accessible voting machine available. There is at least one accessible marking unit in every polling place in Massachusetts. The AutoMARK Voter Assist Terminals are marking devices that use audio cue capacity for visually impaired voters. The AutoMark also has a feature that will greatly magnify the ballot or display the ballot high-contrast for voters that have limited visual impairment. The AutoMark can also produce an oral report to the voter as the choices selected prior to the voter printing the ballot. For more information on the AutoMARK Voter Assist Terminal, please visit AutoMARK Video.
For Assistance Contact the Elections Division of the Secretary of the Commonwealth of Massachusetts at 800-462-VOTE (8683) (toll free) or 617-727-2828. You may also e-mail us at elections@sec.state.ma.us. Voters with Physical Disabilities Since individual cities and towns are responsible for elections, those who face physical barriers to voting should contact the ADA compliance officer in their particular municipality. The Massachusetts Office on Disability (MOD), founded in 1981, is also available as a statewide resource for voters who have questions about access issues. (617-727-7440). MOD’s primary mission is to insure access and ADA compliance for Massachusetts residents of all ages. On a national level, the Disability Vote Project of the American Association of People with Disabilities addresses the fundamental inequalities faced by voters with disabilities, and works in a nonpartisan manner to ensure full accessibility to all polling places and voting equipment. Voters with Cognitive Impairments Voters who are mentally ill, developmentally disabled, or otherwise cognitively impaired have the right to vote. Even those who have been placed under guardianship by the Probate Court retain the right to register and vote unless the court order specifically strips them of those rights. Although the Massachusetts constitution (Amendments Article III) and state statutes (G.L. c. 51, §§ 1, 36) specifically provide that individuals “under guardianship” are not eligible to vote, these provisions are not enforced in practice and are most likely unconstitutional. The Massachusetts Secretary of State Elections Division’s Legal Counsel, in consultation with the state’s Department of Mental Health, Department of Mental Retardation (as DDS was called at the time) and Office of the Attorney General, noted in a 1992 legal opinion that courts and commentators had expressed “substantial” doubts about the constitutionality of a blanket provision that deprived all individuals under guardianship of the right to vote. The Election Division therefore concluded that the terms “under guardianship” must be interpreted for voting purposes to refer only to those guardianship decrees that expressly deprive the individual of the right to vote. -From Protecting the Rights of Massachusetts Voters with Disabilities, by Rebecca J. Benson, Margolis & Bloom, LLP (11/12).
Comparison Grid of Unemployment Benefits During Pandemic Greater Boston Legal Services this month released a comparison grid of the different pandemic-specific Unemployment Insurance benefit programs. The grid explains PUA, and the now expired FPUC ($600 extra weekly payment), the extension programs Pandemic Emergency Unemployment Compensation (PEUC), Extended Benefits (EB), and Lost Wages Assistance (LWA). The grid defines the programs, eligibility, benefits, applicable dates, relationship to state or federal UI benefits, relationship with other paid benefits and more. Download the grid: www.masslegalservices.org/system/files/blog/GBLS_Summary_of_Unemployment_Benefits_During_Pandemic_9_8_2020.pdf
P-EBT Extended for September – But with New Rules Massachusetts families with schoolchildren learning remotely might be eligible for funding to help cover the costs of meals under an extension of benefits granted by the federal government. The state received approval from the U.S. Department of Agriculture to issue funds for September through the Pandemic Electronic Benefit Transfer program (P-EBT), which offers money to families whose children receive free or reduced meals at school. That includes schools that offer free or reduced lunch for all students. The eligibility requirements might affect students differently now than they did in the spring, when everyone was remote full-time. With some schools implementing a hybrid model, students' eligibility might depend on their schedule. A child who is completely remote is eligible, as is a child who has class Monday and Tuesday one week but is remote until Wednesday and Thursday of the next week. Each eligible family receives $5.86 per day, or up to $29.30 a week, per student.
You will get September P-EBT funds if your student(s):
The P-EBT amount is based on each student’s school learning situation confirmed by their school in September and may vary from student to student, even within a family. If you think your student qualifies but you have not received a card or a letter by mid to late October, call the DTA Assistance Line at 877-382-2363. The state Department of Transitional Assistance estimates close to 470,000 children could benefit from a collective $40 million in federal funds. Eligible families who already have P-EBT cards will get the funds at the end of the month, according to DTA. Newly eligible families will be notified of the option in October. Through the P-EBT program, eligible families can buy food at local retailers that accept the benefits or they can order food through Amazon or Walmart, just like EBT card holders under the state’s SNAP. - See the full Mass Live article. Additional material, and for more information, see the P-EBT website: https://www.map-ebt.org/home.
New Public Charge Explainers from the State On September 17th, the MA Executive Office of Health and Human Services (EOHHS) revised its "public charge" guidance for state workers and community organizations, at the behest of the Mass Protecting Immigrant Families (MA PIF) organizations: Mass Law Reform Institute (MLRI), the Mass Immigrant & Refugee Advocacy coalition (MIRA), Healthcare For All (HCFA) and Health Law Advocates (HLA). Here is the revised EOHHS public charge webpage: https://www.mass.gov/info-details/information-about-the-public-charge-rule-and-how-it-may-impact-you DTA, DPH and other EOHHS state agencies will also be linking to this page. We know that the recently revised federal "public charge" rules (effective February 24, 2020) are both complicated and confusing for immigrant households. Immigrants actively in the process of adjusting their immigration status should consult with immigrant specialists. But many immigrants are not in this bucket and they desperately need benefits for which they and/or their children are eligible. We hope this EOHHS clarification will be helpful for your clients. What you need to know:
MLRI is in the process of updating its masslegalservices.org webpage on public charge with more client-friendly materials and an updated resource list. Meanwhile, we hope you will advise community organizations to both consult the EOHHS webpage and urge their clients to use the nutrition benefits (SNAP, WIC, school meals, P-EBT) for which their dependents are eligible. - From Pat Baker, MLRI, September 22, 2020.
Court Rules Trump Can End TPS for 300,000 Immigrants A federal appeals court panel ruled this month that the Trump administration can end humanitarian protections for some 300,000 immigrants living in the United States, clearing the way for their potential deportation starting next year. The 9th Circuit Appeals Court's decision affects citizens from El Salvador, Haiti, Nicaragua and Sudan, many of whom have lived in the U.S. for decades, have U.S.-born children and are considered essential workers during the coronavirus pandemic. The order also applies to Nepalese and Honduran recipients, who have sued separately but are subject to the ruling under an agreement between attorneys and the court. At issue is the termination of Temporary Protected Status, a form of humanitarian relief created by Congress and administered by the Department of Homeland Security. TPS provides a work permit and stay of deportation to foreign nationals living in the U.S. whose countries of origin are facing natural disaster, armed conflict or other "extraordinary and temporary conditions" that make it unsafe for them to return. The Trump administration terminated TPS designations of El Salvador, Haiti, Nicaragua and Sudan in 2017 and 2018. (It later ended TPS for Honduras and Nepal, and a separate case brought last year by citizens of those countries is ongoing as noted above.) A district court previously issued a preliminary injunction. The current decision by a three-judge panel of the appeals court lifts the injunction, meaning immigrants from the affected countries could be subject to removal starting in January. Plaintiffs and their lawyers said that they are preparing to appeal the decision in the entire 9th Circuit. Many of the more than 200,000 U.S.-citizen children of TPS holders have never been to the country their parents are from, and would have to choose between their families and their homes. In Massachusetts, there are over 12,300 TPS holders, according to MIRA. Of those, 5,600 are working in positions as frontline workers during the pandemic, according to a Center for American Progress study. In Massachusetts, many of those are Haitian nursing home workers. “In the midst of a pandemic, these immigrants continue to be frontline workers. Why disrupt their lives and the businesses they’re a part of?” asked Millona. Attorneys intend to appeal, and many TPS holders can retain their status (which allows them to legally live, work, and drive in the US) until at least March 5, 2021. After that, they’re subject to deportation unless another court intervenes. El Salvador Extension TPS holders from El Salvador, one of the affected countries, already have a slightly longer window to stay in the U.S. The Trump administration announced last fall it would extend the validity of work permits for El Salvadorans with TPS through Jan. 4 2021. It is also giving El Savadorans with protected status one extra year after the conclusion of TPS-related lawsuits to repatriate. El Salvador has the highest number of TPS recipients in the U.S., while their home country has the world's highest murder rate per capita, according to the National Immigration Forum. The group says Monday's ruling will impact an estimated 300,000 Salvadorans, more than half of whom have lived in the U.S. for at least 20 years. - See the full NPR story and the full CommonWealth magazine story.
USCIS Hoping to Raise Fees and Eliminates Fee Waivers for Most Applications – Currently Halted By Court Ed note: on September 29, 2020, U.S. District Judge Jeffrey S. White, in the Northern District of California, enjoined the Department of Homeland Security (DHS), USCIS and officials serving in those agencies “from implementing or enforcing the Final Rule or any portion thereof.” The preliminary injunction is in effect nationwide. We are including the information below as the Republican Administration is likely to appeal, and this injunction may be lifted at any time On August 3, 2020, the Department of Homeland Security (DHS) finalized changes to the fees U.S. Citizenship and Immigration Services (USCIS) charges for various immigration applications. In sum, DHS is increasing fees drastically, adding a new $50 fee for asylum applications, limiting fee waivers, slightly discounting fees for forms currently available for online filing, and charging separate fees for Forms I-765 and I-131 when filed with a pending or concurrently filed Form I-485. These changes are effective October 2, 2020—thus, any application, petition, or request postmarked on this date or later must include payment of the fees established by DHS’s final fee rule. Note that litigation may impact the effective date and it is important to monitor developments in this area. The rule does not contain the transfer of funds to ICE that had been part of the proposed rule. Advise those eligible to apply to become a citizen as soon as possible. You can call Project Citizenship at 617-694-5949 for free help: projectcitizenship.org Info about Project Citizenship: https://projectcitizenship.org/become-a-citizen/ Details of Key Changes Fees Additionally, DHS has established a new filing fee for asylum applications, despite international treaty obligations calling on governments to protect refugees and the fact that many asylum applicants lack funds upon fleeing their countries. USCIS will charge a $50 filing fee for Form I-589 (Application for Asylum and for Withholding of Removal). There is a limited exception for the asylum fee for unaccompanied minors who are in removal proceedings. The United States will join Iran, Fiji, and Australia as the only countries out of 147 treaty signatories who charge fees for asylum. Fee Waivers Besides eliminating fee waivers, DHS is also considerably narrowing the criteria to qualify for a fee waiver. Currently, applicants may qualify for a fee waiver based on a receipt of a means-tested benefit, financial hardship, or income at or below 150 percent of the federal poverty level income guidelines. After the fee rule is effective, however, only those whose income is at or below 125 percent of the federal poverty level will qualify. DHS is also eliminating the reduced fee waiver for naturalization applicants. The reduced fee waiver was available to those whose income was between 150 percent and 200 percent of the federal poverty level. Lastly, applicants who qualify for a fee waiver must file Form I-912, which was previously optional, and must have required supporting documentation—i.e., tax transcripts, W-2 form, or specified documents proving income. See announcement from Boston Mayor Walsh: Additional information from the Immigrant Legal Resource Center (ILRC). - Thanks to Melissa Alao for sharing this information.
State Utilities Shut-Off Moratorium and Municipal Utilities While the state has issued a COVID-19 utility shut-off moratorium through November 15, advocates are expressing concerned that we may see an increase in shut-offs initiated by municipally-owned utilities, in advance of the annual Winter Moratorium start date of November 15. The Massachusetts Department of Public Utilities (DPU) regulates the state’s investor-owned utilities – Eversource, National Grid and Unitil. They do not have regulatory authority over municipally-owned utilities, so legally, munis are not bound by the state’s COVID-19 utility shut-off moratorium. However, according to Charles Harak of the Boston based National Consumer Law Center, the DPU "expects" the munis to follow the moratorium rule. He reports that “(i)n the one instance we heard of in which a muni was threatening termination, the AG (and, I believe the DPU) called the muni, and I believe the termination did not go ahead. So if (advocates hear) of a threatened or actual muni termination, please let us at NCLC know and call the DPU Consumer Division.” NCLC contact information (advocates only please): Charles Harak 617 542-8010 (office), charak@nclc.org - Adapted from post from Charlie Harak, utilitynetwork@lists.nclc.org, September 23, 2020.
Same-Sex Partners Who Were Unable to Marry Win Right to Social Security Survivor Benefits The ruling came in the case of Helen Thornton, a resident of Washington State who sought to claim survivor’s benefits based on her 27-year relationship with Marge Brown, who died in 2006, six years before same-sex couples in the state had the right to marry. Brown had a more extensive work record than Thornton, who supplements her own modest Social Security income by taking care of animals, notes a press release from Lambda Legal, which represented Thornton along with attorneys from the firm of Nossaman LLP. Thornton applied for the benefits in 2015, shortly before she would have been eligible to receive them at age 60. But the SSA turned her down because she and Brown had not been legally married, even though state law prevented them from marrying. She filed suit in 2018 in U.S. District Court for the Western District of Washington.
This month, a judge in that court, James L. Robart, ruled that denial of the benefits violated the U.S. Constitution. He also certified the case as a national class action, meaning others who have sought the benefits and been denied simply because they were unable to marry their partner will have an avenue to claim them. Lambda Legal had won a separate class action lawsuit in May on behalf of same-sex couples who had been able to marry, but not for the minimum nine months required for receiving survivor’s benefits. The Social Security Administration has appealed that decision. - See the full The Advocate article
State Halts Admissions to Landmark at Longwood After Investigators Find Dementia Patients Locked in Rooms State officials have suspended the certification of a Boston assisted living facility after inspectors discovered that employees were locking dementia patients in their rooms to enforce a quarantine aimed at controlling the spread of COVID-19. Inspectors from the Executive Office of Elder Affairs found a host of problems at the facility, Landmark at Longwood, when they investigated last month, describing it as an “unsafe environment” for residents with dementia or memory loss. They noted that, when they visited, the reception desk was unstaffed and some aides failed to wash their hands or wear gloves. The locks, which had been installed on several residents’ doors, were supposed to protect residents from coronavirus, families were told, and inspectors said they were removed at some point in July. But locks, considered “restraints” under state regulations, are forbidden, officials said, and raised concerns that a resident could have an emergency while locked inside. Regulators visited Landmark at Longwood after receiving a complaint from a former employee, who cited a litany of alleged abuses, including the locked doors, medication errors, missing drugs, missing resident belongings, and verbal abuse of residents. The former employee shared these concerns with the facility’s executive director, the letter said, but “the concerns were not addressed.” The whistleblower, who no longer works at Landmark, told the Globe that locks were placed on more than a dozen residents’ doors, though state investigators confirmed “at least two.” The former employee also filed a report with the Boston Police, alleging that some residents’ money had been stolen, medical documents were destroyed, and employees were instructed to “hide or not report” missing narcotics. The daughter of one resident said she signed a release form authorizing the use of a lock on her mother’s door, although she says she didn’t completely understand what she was signing. It was the second time in two years that officials from the state Executive Office of Elder Affairs has found serious problems at Landmark, one of five assisted living residences owned by Landmark Senior Living. In May 2019, the state suspended its certification because of “widespread operational deficiencies which jeopardized resident health and safety,” according to an Aug. 25 letter to Landmark Longwood executive director David Santos from the state’s Marchetti. In suspending its certification again on Aug. 25, officials said the facility can remain open but cannot accept new residents. It must submit a corrective plan within 30 days, officials said. It also ordered immediate corrective action -- a nurse must evaluate the skills of everyone providing personal care or dispensing of medication ’”including assurance that each is capable of demonstrating appropriate infection control technique,” and the facility must a plan to screen all visitors for COVID. - See the full Boston Globe article.
Globe Finds Potential Medicaid Discrimination at Massachusetts Nursing Homes As part of its investigations into inequities in the later years of life, the Globe Spotlight Team set out to test this simple but critical question: Is it harder for the poor to get a nursing home bed? The answer that came back was unmistakable: Yes. Team members, posing as women seeking care accommodations for a frail, elderly mother, sent e-mails to more than 200 of the state’s roughly 380 nursing homes, chosen randomly, over several weeks last December. The team e-mailed each nursing home twice under different names, one to two weeks apart. One set of e-mails described applicants with the means to pay their way; the others said they would have to rely on Medicaid, also known as MassHealth. The replies etched a clear pattern. Nursing homes were more than twice as likely to say they had no room when responding to inquiries from families saying they planned to pay for care with Medicaid — the government health program relied on by low-income residents — rather than paying privately. Discrimination against applicants covered by Medicaid has existed for years in the nursing home industry, say advocates for the elderly, and it can be illegal. Massachusetts adopted explicit protections in 1994, barring nursing homes from discriminating against "any Medicaid recipient or person eligible or soon-to-be-eligible to receive Medicaid benefits.'' The regulations also prohibit facilities from offering help “in the preparation of applications or in any facet of the admission process to private pay applicants in a manner greater than that rendered or offered to Medicaid recipients.” And yet many nursing homes do appear biased against Medicaid patients. Medicaid pays nursing homes an average $209 per day, far less than the $389 typically paid out-of-pocket by well-off senior citizens — a sizable difference for an industry plagued by ongoing financial struggles and closures — according to 2018 state data. The most exclusive nursing homes charge private-pay residents even more.
Bed availability at nursing homes legitimately varies daily as patients die or move out. And because the Globe’s matched e-mails were sent up to two weeks apart to avoid detection, it’s possible that room availability changed during that time at any single nursing home, unrelated to the applicant’s method of payment. One former nursing home administrator, who requested anonymity because she was not authorized by the facilities to describe their practices, said industry preference in favor of private pay residents is not surprising and not unusual. Medicaid’s low reimbursement rates and bureaucratic requirements are challenging, said the woman, who worked for various Massachusetts nursing homes for 40 years. “A Medicaid application has to be filled out and it can take up to three months for approval,’' she said. “What if the patient does not get approved for Medicaid? You can’t send them home because they wouldn’t be safe at home. You are between a rock and a hard place.'' Some nursing homes take Medicaid patients without hesitation. But if an elderly person wants to get into “a really good place that is full 99 percent of the time, then your chances are very slim" if you’re on Medicaid, she said. “One particular place, we never took Medicaid patients. We would say there is ‘no available bed’ or ‘we have nothing right now. We will let [you know] if something opens up.’’' “You have to meet expenses,’' she said. Nursing homes are not forced to participate in Medicaid. Some facilities, such as the Pond Home in Wrentham, accept only private-pay residents. But once a nursing home takes taxpayer funding and accepts one Medicaid patient, it has to follow the rules and cannot discriminate. Despite state antidiscrimination regulations, though, advocates for the elderly and those who work in the nursing home industry said bias against applicants on Medicaid is an open secret. Most Massachusetts nursing homes are dependent on money from Medicaid — the program pays for 70 percent of nursing home stays — so these facilities cannot reject those applicants entirely and survive. By law, they are allowed to inquire about an applicant’s finances and are not required to admit someone who does not have a current — or future — means to pay. Some nursing home residents pay privately for a while before exhausting their resources and applying for Medicaid. It is illegal for nursing homes that accept Medicaid to evict a private-paying resident who runs out of money and then qualifies for Medicaid. With few solutions in sight at the national or state level, lawyers and consultants tell families they have a better chance of being admitted to their top-choice facility if they aren’t applying as a Medicaid recipient. “I tell people ‘You should expect to pay privately for some period of time,’" said attorney Steven Cohen, a partner at Pabian & Russell in Boston who specializes in long-term-care and estate planning. - See the full Boston Globe article.
October 15 Deadline to Complete the IRS Non-Filers Tool to Get Stimulus Payment This Year While most eligible people automatically received their Economic Impact Payment (EIP- or stimulus check) earlier this year, many who don’t usually file a tax return, and didn’t automatically receive a payment, need to register using the IRS non-filer tool to receive their EIP in 2020. The deadline to register with the IRS non-filer tool is October 15. The October 15 deadline is for people who have NOT received ANY EIP- for themselves or their qualifying children if they have them. (The deadline was September 30 for those who had received their own EIP, but needed to register to receive the $500 per dependent child.) Those who register using the IRS non-filer tool can enter their bank account information to receive their payment via direct deposit, or they will be mailed a paper check. The IRS has begun mailing letters to people who typically don’t file federal income tax returns and may be eligible for, but have not yet registered to receive an EIP, reminding them to register by October 15. The IRS has published this letter online to help address concerns of fraud or false information. Anybody who does not register to receive their EIP by the deadline can still claim their EIP in 2021 by filing a 2020 federal income tax return and claiming their EIP as a credit. Local Resources for Help Using IRS Non-filer Tool for EIP:
- From Kate Symmonds, MLRI, Health Announce listserv, September 29, 2020. Addendum: additional resource- step-by-step instructions from "Get It Back".
Apply for DDS Autism Services Waiver Program Waitlist Oct 16 - 31 The DDS Autism Services Waiver Program is accepting new applications between October 16 and October 31, 2020 from families interested in the program. This waiver is a Medicaid program for low-income children with autism, under the age of 9, who meet clinical and financial eligibility requirements. Applications must be postmarked or emailed no later than October 31, 2020. Find the application available in 12 languages. The Autism Waiver Program The Autism Waiver Program at the Department of Developmental Services Autism Division serves children, birth through age 8, with an autism spectrum disorder who meet the eligibility criteria. Shortly, the Autism Division will offer an opportunity to apply for the Autism Waiver through an open application period. The last open application period took place in October 2019. The Autism Waiver allows children to receive Expanded Habilitation, Education, in- home services and supports, such as Applied Behavioral Analysis (ABA) and Floor Time, for a total of up to 3 years. At the conclusion of the 3 years of the intensive in- home services, a child may access ongoing Supplemental Services (for example respite and goods and services, etc.) that meet the child’s needs and help with the transition out of the intensive Autism Waiver Program—until the child’s 9th Birthday. Waiver Services remain supplemental to the special education services provided under IDEA (Individuals with Disabilities Education Act Program Highlights: This Autism Home and Community-Based Services (HCBS) Waiver Program is a Medicaid program designed to provide services to help children with autism remain in their homes and actively participate in their families and in their communities. This Autism Waiver provides one-to-one behavioral, social and communication- based interventions through a service called Expanded Habilitation, Education. The service consists of one-to-one interventions developed and monitored by a trained clinician and is carried out in the child’s home and community. Expanded Habilitation includes positive behavioral supports including, but is not limited to, behavioral approaches such as Applied Behavioral Analysis (ABA), Developmental and Relational Models such as Floor Time and Communication Models. Expanded Habilitation Services, Education should help children develop basic adaptive skills, elementary verbal skills and appropriate interactive and play skills. The Waiver Program also provides related support services such as community integration activities, assistive technology, and respite. Key eligibility criteria:
More Information: https://www.mass.gov/doc/awp-family-message-english/download. - Adapted in part from Deadlines: Stimulus Payments (IEP), and Autism Services Waiver Program, health-announce@masslawlists.org, Kate Symmonds, MLRI, September 29, 2020. Additional information from: https://www.mass.gov/doc/awp-family-message-english/download
Massachusetts Dedicates Special Hours on Wednesdays at 5 RMV Locations to Customers Age 75 or Older Who Need to Renew Licenses Five Registry of Motor Vehicles service centers in Massachusetts will dedicate certain hours on Wednesdays to customers age 75 or older whose extended driver’s license or ID card will soon expire. The locations are Watertown, Danvers, Leominster, New Bedford and South Yarmouth. The service change will run throughout September at these five service centers, by appointment. Hours vary by location. According to the MassMobility, EOHHS HST Office newsletter (Issue 96, September 2020), due to the success of the program, the RMV plans to extend Senior Wednesdays into October. The state Department of Transportation announced the service days to prioritize customers whose licenses or IDs were extended from March, April or May until September. Until recently, the RMV suspended in-person appointments for license renewals because of the coronavirus pandemic, automatically extending licenses and IDs for months. In addition to the spring extensions, the RMV extended licenses and IDs that expired in June until October, those that expired in July until November and those that expired in August until December. The RMV announced earlier this month it was allowing limited appointments to resume in person. Some customers can renew their driver’s licenses or state ID cards online, but Massachusetts requires people age 75 or older to renew their driver’s licenses in person at an RMV service center to take an eye test. They can also present a vision screening certificate in person instead of taking an eye test. The senior hours prioritize those with licenses and IDs that are set to expire this month while helping to reduce the risk of spreading COVID-19 to a high-risk group. Elder Services Providing Outreach During RMV Senior Hours The Massachusetts Healthy Aging Collaborative (MHAC) saw an opportunity to use these designated hours to connect older adults to additional resources, not just driver's licenses. MHAC reached out to the RMV to see if aging services organizations could exhibit at the RMV locations, and RMV leadership responded enthusiastically. MHAC worked with the Executive Office of Elder Affairs to alert the Aging Service Access Point (ASAP) network to this opportunity, and ASAPs responded immediately, scheduling staff to attend and gathering tables and supplies on short notice. The RMV arranged for their security staff who greet customers and ask them about COVID symptoms to also ask customers if they need additional resources, and to refer them to the ASAP table if so. "This all came together very quickly because everyone involved recognized the opportunity to connect people to resources," shares James Fuccione, MHAC's Senior Director. The partnering agencies have remained in touch to collaborate on process improvements as needed. - See the full Mass Live article. With additional material from MassMobility - Issue 96, September 2020, EOHHS HST Office, September 24, 2020.
MassSupport - Counseling and Resource Navigation for Those Impacted by COVID The Crisis Counseling Program (CCP) is funded by the Federal Emergency Management Administration (FEMA) and managed in partnership between the Massachusetts Department of Mental Health and Riverside Trauma Center, a program of Riverside Community Care. For statewide assistance call: 888 – 215 – 4920.For additional information on how we can help, email: MassSupport@riversidecc.org.Supports Provided MassSupport offers anonymous, confidential and FREE help to all Massachusetts residents, impacted by COVID-19 and in need of emotional health support and support to access resources, regardless of income or immigration status.
Flyers Source and for more information: https://riversidetraumacenter.org/our-services/masssupport/ - Additional material from HLISN listserv, posted by Ivys Fernández-Pastrana, Program Manager, Family Navigation Program, Boston Medical Center, September 21, 2020, with information provided by Yaminette Diaz-Linhart YDiazLinhart@riversidecc.org.
Emergency Assistance (EA) Family Shelter Advocacy Tips This month a Community Resource Center staff member attended a Massachusetts Law Reform Institute advocate training on Emergency Assistance (EA) family shelter. Here are some updates and advocacy tips. Documentation Must Be Submitted Online Families Where a Member Is at Higher COVID-19 Risk Seeking Transfer to Shelter Closer to a Medical Provider If after advocacy DHCD is not responding to advocacy efforts in these types of cases, advocates may contact lwalker@gbls.org. GBLS is interested in learning about specific situations like these. - Thanks to Hannah Perry for sharing these updates.
Medicare Fall Open Enrollment Reminder Fall Open Enrollment runs from October 15 through December 7 each year. During this time, you can make changes to your health insurance coverage, including adding, dropping, or changing your Medicare coverage. Even if you are happy with your current health and drug coverage, Fall Open Enrollment is the time to review what you have, compare it with other options, and make sure that your current coverage still meets your needs for the coming year. You can make as many changes as you need to your Medicare coverage during Fall Open Enrollment. The changes you can make include:
Regardless of how you receive your Medicare coverage, you should consider:
If you have a Medicare Advantage Plan or a stand-alone Part D plan, read your plan’s Annual Notice of Change (ANOC) and/or Evidence of Coverage (EOC). Review these notices for any changes in:
Make sure that your drugs will still be covered next year and that your providers and pharmacies are still in the plan’s network. If you are unhappy with any of your plan’s changes, you can enroll in a new plan. If you want assistance reviewing your options, contact your State Health Insurance Assistance Program (SHIP) for unbiased counseling. To contact your SHIP (SHINE in MA), visit www.shiptacenter.org or call 877-839-2675. Even if you are happy with your current Medicare coverage, consider other Medicare health and drug plan options in your area. For example, even if you do not plan to change your Medicare Advantage or Part D plan, you should check to see if there is another plan in your area that will offer you better health and/or drug coverage at a more affordable price. Research shows that people with Medicare prescription drug coverage could lower their costs by shopping among plans each year; there could be another Part D plan in your area that covers the drugs you take with fewer restrictions and/or lower prices. - From Dear Marci, The Medicare Rights Center, September 14, 2020.
Opinion: Imbalanced Commission Report Does Not Do Enough to Make Nursing Homes Responsible for Resident Safety On April 30, The Trump Administration announced the formation of a task force to develop recommendations to protect nursing home residents from the COVID-19 pandemic. The final report of that task force – the Coronavirus Commission on Safety and Quality in Nursing Homes – was released this month. Justice in Aging Directing Attorney Eric Carlson was one of the Commission’s 25 members. He did not endorse the Final Report, because of its imbalance. The Final Report recommends dozens of obligations for the federal government, but does little to set higher standards for nursing homes, or to ensure nursing home accountability. A more balanced report would appropriately allocate responsibility to all parties – including nursing home operators – with a sense of urgency commensurate to the current crisis. Read Carlson’s dissenting statement. - From Justice in Aging, September 16, 2020.
Trump Signs New Executive Order on Prescription Drug Prices President Trump signed an executive order this month that he says lowers prescription drug prices "by putting America first," but experts say the move is unlikely to have any immediate impact. The move comes nearly two months after the president signed a different executive order with the exact same name, but held it back to see if he could negotiate a better deal with drug companies. The new executive order repeals the original and expands the drugs covered by Trump's proposed "most favored nations" pricing scheme to include both Medicare Part B and Medicare Part D. The idea is that Medicare would refuse to pay more for drugs than the lower prices paid by other developed nations. The order calls on the health and human services secretary to "immediately take appropriate steps to implement his rulemaking plan to test a payment model" putting in place "most favored nations" policy. Translated: As with most executive actions, this only just begins what will be a lengthy bureaucratic process that may or may not ultimately result in the promised policy. An HHS official said the agency "doesn't comment on the rulemaking process" when asked how soon this could take effect and what testing a payment model looks like in practice. - See the full WBUR story.
Baker Unveils Nursing Home Aid Package The Baker administration on recently unveiled a support package for nursing homes that ties staffing and occupancy reforms to additional, stable long-term funding and short-term aid in the event COVID-19 infection rates begin to rise again this fall. Earlier this year, when COVID-19 deaths were surging at nursing homes, the Baker administration belatedly pumped emergency funding into the industry, but most of that money ran out at the end of August. What was left was a controversial program that provided additional funding to nursing homes that set up isolation wards for COVID-19 residents and agreed to accept new COVID-19 patients from hospitals and other medical facilities. Nursing homes are wary of taking in residents infected with the coronavirus, in part because the facilities that did early on in the pandemic suffered higher death rates than facilities that did not, according to research compiled by Nicole Aschoff and Pankaj Mehta, a husband and wife team. Aschoff works at the Boston Institute of Nonprofit Journalism and Mehta at the Boston University College of Data Science. Overall, deaths from the coronavirus at nursing homes have accounted for nearly 66 percent of all COVID-19 deaths in the state. The new nursing support package appears to be a recognition that the industry has been inadequately funded and overseen by the state for years. The package provides $82 million a year in additional funding through the rejiggering of Medicaid rates. The funding provides an average 6 percent rate hike across the industry and an 8 percent average rate hike for high occupancy, high-Medicaid facilities. To qualify for the funding, facilities must meet minimum staffing levels by January 2021, guarantee that 75 percent of revenues go to staff by October 1, and begin eliminating units housing three to four people, shifting to singles and doubles, starting in October and finishing the job by January 2022. The state also plans to continue and intensify a number of other existing oversight procedures, including periodic infection control audits and reporting on staffing and other issues. According to the state’s information sheet on the new funding plan, an additional $60 million would be made available to nursing home facilities if coronavirus infection rates begin to rise between October and December 31. The information sheet says the $60 million would “support COVID-19 response efforts and ensure quick action if statewide infection rates rise to a defined threshold.” The threshold was not defined in the information sheet. At the peak of the initial COVID-19 surge3 between April 24 and April 30, nursing homes were averaging 540 cases and 112 deaths a week. Between August 31 and September 7, those numbers had fallen dramatically to 7.3 cases and 8 deaths a week. In a brief analysis, the Mass. Hospitals Association said in an email that the five key elements of the support package, as outlined in this administration document, are:
- See the full CommonWealth Magazine article. Additional material from Patricia Noga, R.N., MHA, September 11, 2020. |