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MGH Community News |
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MGH Community News |
| January 2021 | Volume 25 • 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. |
Paid Family and Medical Leave Website and FAQs As reported in November (MA Paid Family Leave Effective January 1, 2021), Massachusetts Paid Family and Medical Leave (PFML) benefits are now available to employees as of January 1, 2021. Effective dates: As of Jan. 1, 2021:
As of July 1, 2021:
The following are the most recent updates available to educate and guide you through this process.
For more information please call The Department of Family & Medical Leave at (833) 344-7365 between the hours of 8 a.m - 5 p.m.
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Federal Eviction Moratorium Extended Through March Mere hours after Joe Biden was inaugurated as the 46th U.S. president, he signed a slew of executive orders in response to the continuing Covid-19 crisis. Among them was an extension of the eviction moratorium for renters who have fallen behind on their bills due to unemployment or reduced wages during the pandemic. The order asks the Centers for Disease Control and Prevention (CDC) to extend the federal eviction moratorium, which is set to expire on Jan. 31, through at least March 31. The executive order also calls on federal housing agencies to extend the foreclosure and eviction moratorium for federally backed mortgages at least through March, and allow forbearance applications to continue for federally-backed mortgages. Biden’s Aid Plan for RentersBiden’s executive order is one of the first tangible measures of his American Rescue Plan. While much of the plan requires approval from Congress, Biden has the power to request an extension of the eviction moratorium extension as former president Donald Trump did in August. The American Rescue Plan would allocate $25 billion in rental and utility assistance for rental relief to low- and moderate-income households “who have lost jobs are or are out of the labor market,” according to Biden’s American Rescue Plan fact sheet. The funds would go towards up to 12 months of eligible renters’ expenses. Another $5 billion would go toward paying overdue utility bills, through programs like the Low Income Home Energy Assistance Program. In addition, $5 billion would go toward emergency assistance for people facing homelessness. The funding would be distributed via states and cities to help people obtain housing. Rent Relief Slow to Arrive for Worried Renters Biden’s announcement provides another lifeline for renters while Congress considers the elements of Biden’s proposed third stimulus plan. But housing advocates are worried that rent relief allocated in the second stimulus package still won’t arrive quickly enough to truly alleviate growing past-due balances—and that a continuing eviction moratorium only delays the inevitable for many renters. The funding for rent relief must first flow from the federal government to the cities and states requesting aid; while each state is slated to get a portion of the allocation, cities with populations of more than 200,000 can also apply for some of the funding. The rent relief allocations are expected to be distributed in late January. Eviction Moratorium Reminders To be protected under the federal/CDC eviction moratorium, you must prove that you’re likely to become homeless if kicked out of your dwelling. To do this you have to fill in and sign a declaration (you can print this form from the CDC) which asks you to declare the following:
- See the full Forbes article.
Some Won’t Get a Stimulus Payment Until They File 2020 Taxes (A less detailed version of this article was sent to the MGH Outreach and Resource Navigation email list earlier this month.) There are multiple ways people may receive their second-round stimulus payment: direct deposit, check, debit card or they need to claim a credit on their 2020 tax return. People will NOT necessarily be paid the same way they received their first stimulus payment. The IRS began sending EIPs by direct deposits on December 29, and paper checks began to be mailed on December 30. Pre-paid debit cards (EIP Cards) have been mailed out in January. The IRS planned to complete sending all payments by January 15, 2021 If not received via direct deposit, make sure to check your mail. If you get an Economic Impact Payment (EIP) debit card, it will be sent in a white envelope that prominently displays the U.S. Department of the Treasury seal. A picture of the EIP card and tips about how to use it without fees are in NCLC's fact sheet. Replacement cards are free: call 800.240.8100. Some will not receive payment until they file 2020 taxes. The IRS says that if a payment is sent to a bank account that has been closed or is no longer active, then the bank must send it back to the IRS. In the spring, the IRS issued a check or debit card payment in the mail or gave people a chance to update their bank account data if a payment came back in error, but that is not occurring this time around. Status Check Use the “Get My Payment” tool to check status
Differing Rules for the Second Payment There are some differences between the first stimulus payment and this one including:
Stimulus Payments and Other Benefits Because these payments are like tax refunds, the funds are not counted as income or as a resource for determining eligibility for SSI and other needs-based benefits for a period of 12 months from receipt. The Social Security Administration (SSA) has issued instructions for the treatment of these payments for SSI purposes. Although SSA issued these instructions when the first round of EIPs were being sent under the CARES Act, they also apply to the second round of EIPs. Sources and for More Information
State to Open Vaccine Telephone Hotline Governor Charlie Baker said Thursday that Massachusetts will soon unveil a telephone hot line to help people struggling to book COVID-19 vaccination appointments, responding to widespread complaints that the online system has proved maddening for eligible residents, seniors especially. The move is a tacit acknowledgement that the current patchwork system made it difficult for many to even find available slots, forcing them to navigate a constellation of online registration systems run by individual vaccine providers. The call center should come on line next week, and Baker said the state will be adding available slots. Under the current Web-based system in Massachusetts, there is no centralized spot for booking appointments, no way to sign up for a waiting list, and no readily available phone number to call for help. Instead, a state site directs people to vaccine providers displayed on a map. That approach puts the onus on residents to scour multiple reservation systems ― pharmacies, health providers, and other partners, each with their own signup protocols. It requires patience, technical savvy, and a little bit of luck, akin to scoring tickets to a sellout show on the morning they are released.
Rebekka Lee, a research scientist at the Harvard T.H. Chan School of Public Health, said the reliance on Web-based signups could exacerbate inequities, as non-native English speakers, people with limited access to the Internet, or those who have trouble navigating technology struggle to get appointments. For example, she pointed out that important parts of the state’s main portal are not built to readily translate into other languages. Vaccines for Our Patients Beginning Monday February 1, eligible MGB patients may also get vaccinated via their MGB provider, but for now eligible patients will be invitied “in a randomized manner, according to vaccine availability. Our scheduling and planning for patients places a special focus on getting vaccines to patients who live in the communities hardest hit by the COVID-19 pandemic.” - See the full Boston Globe article with additional material from Broadcast MGB, 1/27/21.
SNAP Benefits Temporary 15% Increase The federal stimulus package passed last month by Congress increased Supplemental Nutrition Assistance Program benefits by 15 percent across the country from January through June. Those benefits, which amount to an additional $27 per person per month, will make a big difference, though they remain temporary and are calculated using low costs for food, especially for a high-cost state like Massachusetts, anti-hunger advocates said. Staggering photos of food bank lines across the country have highlighted how many Americans are struggling to get enough food. Food banks have been a vital defense against hunger, with many in Massachusetts overwhelmed by the need. But SNAP benefits are a far more efficient solution to the problem, anti-hunger advocates said. For every meal a food bank provides, SNAP provides nine meals, according to Feeding America. In addition, SNAP is a powerful stimulus: economists calculated that every dollar spent on SNAP during the Great Recession generated $1.79 in economic activity. Part of the reason that Massachusetts and other states still need pop-up food sites or pantries is that SNAP has long been underfunded, and people have to visit food pantries when they run out of money before the end of the month, advocates said. There’s also lingering stigma about applying to SNAP. And some immigrant families are ineligible for SNAP or fearful of accessing government benefits, Negus said. The 15% increase is expected to be issued as a separate payment from regular SNAP benefits; to be issued on the second business day of the following month.
- See the full Boston Globe article with additional material from email communication from Victoria Negus, MLRI, January 22, 2021.
Biden’s Immigration Orders Hundreds of thousands of Massachusetts immigrants could be impacted by President Biden’s immigration overhaul, which includes a massive bill sent to Congress on inauguration day, that was accompanied by a series of executive orders. Those executive orders will reverse Trump-era travel bans that focused primarily on immigrants from Muslim countries. Another executive order allows young immigrants brought into the country without authorization to once again apply for the Deferred Action for Childhood Arrivals, or DACA, program, which former president Trump suspended in 2017. A third will reverse a memo signed into law by Trump in 2020 that excluded undocumented immigrants from Census counts. Biden also signed an order to stop border wall construction and rescind a national emergency declaration Trump used to divert over $10 billion in federal funds to the wall. Biden’s Department of Homeland Security also announced that it is placing a moratorium on most deportations for 100 days, beginning on January 22. The focal point of the legislative package, called the US Citizenship Act of 2021, is an eight-year pathway to citizenship for immigrants who are undocumented, and an expedited track for those immigrants here with temporary statuses like Temporary Protected Status (TPS) and DACA. Although immigration advocates cheered the moves by the Biden administration, there is no guarantee the legislation will pass. An immigration reform bill has long been the bane of Democratic and Republican administrations. DACA recipients and TPS holders (who can remain in the US temporarily after armed conflict or environmental disaster in their home country) would be eligible for US citizenship after three years as long as they pass criminal, security, and tax-related background checks. People with temporary protected status from such countries as El Salvador might want to remain in the US permanently after spending so many years here and facing continued violence in their home countries. There are 12,000 TPS holders living in Massachusetts, most of whom are from El Salvador, Haiti, Honduras, Nepal, and Nicaragua. The legislation would immediately make DACA recipients and TPS holders eligible for green cards. Additionally, immigrants without legal statuses would be able to apply for a temporary legal status, which they would have to hold for five years before applying for a green card. Citizenship would follow that after three years. Changes to Aslyum Requests One of Trump’s most aggressive immigration changes was around asylum and the migration of immigrants legally seeking refuge in the US. His 2018 Migrant Protection Protocols, (known as the Remain in Mexico program) kept asylum seekers awaiting court hearings in tents on the other side of the Mexican border. On January 20th evening, the Department of Homeland Security announced it is suspending new enrollments into the Remain in Mexico program. The Biden administration plans to make an announcement about the asylum policy on January 29. Separately, Biden’s proposal would eliminate the one-year deadline for filing asylum claims and allocate funding to reduce the application backlog. The asylum filing deadline was first imposed under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, but recently arrived foreigners who qualify for asylum often don’t know about the filing deadline. If they miss it, attorneys say it can become nearly impossible for them to be granted asylum status in court, even if they have a credible fear of persecution. Oftentimes people who recently arrive in the country mistakenly think they have to wait until an immigration court hearing to request asylum only to learn in court two, or three years later that wasn’t the case, said Eliana Nader, who chairs the New England Chapter for the American Immigration Lawyers Association. “Because of the delays, you don’t come into court until two years later, and now you’ve missed your chance,” she said. The delays are often attributed to the massive backlog, which only grew under the Trump administration. Other delays have come up because notices were sent to the wrong address or other issues outside of the person’s control, including, most recently, a COVID-19 outbreak, Nader said. Visas and family-based immigration to change Many of Trump’s administrative actions were related to how immigrants could legally move to the country and work. Biden will attempt to attack massive visa backlogs that have built up, and raise the visa number cap on certain countries. The legislation also seeks to stop “aging out” for the children of immigrant parents with work visas. Right now, when immigrant children of parents here legally reach 18, they often lose their legal status, or have to seek another one, including through student visas, DACA, and other routes. Often, the families are unaware this will happen and the financial burden it will impose. Immigrants with approved family sponsorship petitions will be allowed to join family in the US with temporary legal status while they wait for green cards. USCIS’s longtime employment-based visa backlog would be assessed, and graduates of US universities with advanced science, technology, engineering, and math degrees exempted from any caps. Biden also hopes to grant the Department of Homeland Security the power to adjust immigrant visa numbers based on economic conditions through his legislative proposal. The legislation will also focus on reinstituting family reunification, a program that used to allow family members applying for refugee, temporary, or asylum status to stay in the US during their application. Biden also aims to abolish two long-standing rules for immigrants found to be in the US illegally. Currently, immigrants in the US for more than six months but less than a year are barred from returning for three years. Those who are found to be in the US without authorization for more than one year are barred from reentering for 10 years or more. The three-year and 10-year restrictions prevent many people from being able to get green cards from abroad, since they have to wait for the time limitation to expire, according to Mariam Liberles, a staff attorney with the Harvard Immigration and Refugee Law Clinic. “It would really be a tremendous help in their petitions,” she said.
That change alone would impact at least a million people nationwide, according to the Massachusetts Immigration and Refugee Coalition. Immigration courts to get backup As former president Trump cracked down on detaining people in the country without authorization, new cases flooded an already strained immigration court system. Administered by the Executive Office of Immigration Review, the national court backlog grew from 542,000 in 2017 to 1.29 million in December 2020. Massachusetts ranks 7th in the country for the number of cases waiting to be processed, with 55,395 cases. The average wait time is 4.5 years, according to the Transactional Records Access Clearinghouse (TRAC) of Syracuse University. Biden’s administration seeks to chip away at the challenging jam, Nader of the American Immigration Law Association said. Biden’s legislation includes funding and staffing resources for the Office of Immigration Review. A fact sheet about the legislation sent to reporters notes that the bill will increase the number of immigration judges working in the court system, something that the attorneys and judges have been seeking for years. Travel ban lifted Biden signed an executive order lifting Trump’s travel bans, and instructing the State Department to restart visa processing for impacted countries. People denied in the past four years who have petitioned to be reassessed will be granted that ability, and the administration will look into the reasons for why the Trump administration denied each person. Although the first and second iterations of the so-called Muslim bans were struck down by federal judges, the Supreme Court upheld a third version of the policy in June 2018. With the addition of six countries to the original seven impacted nations, the restrictions had essentially blocked travel, immigration, and refugee resettlement from Iran, Libya, Somalia, Syria, Yemen, North Korea, Nigeria, Kyrgyzstan, Tanzania, Eritrea, Sudan, Myanmar, and Venezuela. Biden’s legislation will include a provision limiting presidential authority to issue future bans. Additional Information
RAFT – New Administrative Plan As of January 11, 2021, The RAFT Administrative Plan, which outlines policies and procedures, has been updated. Key changes include:
Excerpts Rental Assistance Processing (RAP) Center Sustainability At this time, households do not need to demonstrate future sustainability in order to access RAFT. The previous “6-month” sustainability rule for households accessing the $10,000 benefit is no longer in effect. The “pre-COVID” sustainability rule is no longer in effect either. Households who have an eligible housing crisis and who are income eligible may access up to $10,000 if those funds will resolve their current housing crisis, even if there is not a guarantee of future sustainability. Upstream RAFT (FY20-21 Rent Arrears Pilot) – Now Condensed into the Standard RAFT Program The Upstream Rent Arrears Pilot Program has been integrated into the Standard RAFT program. The prior restrictions under the Upstream RAFT program (financial hardship categorization, proof of sustainability, and limit to four months of arrears) no longer apply. Further, households may use the “Pre-court rental assistance” housing crisis to access any reasonable RAFT benefit to resolve the housing crisis. DHCD expects that in most cases the appropriate payment will be arrears, but households could choose to use RAFT to move instead using the “Pre-court rental assistance” housing crisis. The four month cap on arrears under the former upstream program is no longer in effect. Presumed Eligibility through DTA or MassHealth Receipt On December 16, 2020, DHCD filed an emergency regulation (760 CMR 57.00) granting automatic income eligibility for RAFT to any recipient of DTA or MassHealth programs. Even if a household’s stated income is above the RAFT income limits, by virtue of receiving DTA or MassHealth, they are to be considered income-eligible for RAFT. There are three ways to verify that a household is a DTA recipient or MassHealth member:
Households who do not receive DTA or MassHealth must have their income verified. Before requesting any missing income documents from the household RAFT Agencies with authorized access should use existing state agency databases to verify stated wages, state unemployment insurance, and pandemic unemployment assistance (PUA). See the full FY21 RAFT Administrative Plan, January 2021 - Thanks to Laura Maslow-Armand and Melanie Gleason for sharing the Updated RAFT Admin plan.
SSDI Waiting Period Eliminated for Those with ALS In the final days of 2020 the ALS Disability Insurance Access Act was signed into law. This new law eliminates the five-month waiting period for individuals with Amyotrophic Lateral Sclerosis (ALS). Of course, most applications for disability benefits take substantially longer than five months to process. Once approved, benefits are paid retroactively, but only back to the sixth month after the disability began. This rule is meant to eliminate the collection of benefits for temporary or reversible disabilities. In the case of ALS, the five-month waiting period was particularly illogical and pernicious. First, ALS often takes a long time to diagnose and is never reversible. In fact, ALS is on the SSA’s listing of impairments, meaning that an ALS diagnosis results in the applicant being automatically eligible assuming they meet the non-medical (i.e., work) criteria. Moreover, the SSA provided for expedited approval of ALS cases in recognition of the rapid progression of the disease in many individuals. The incongruity of an expedited approval process and a five-month eligibility delay led to a push for this legislation. Prior to the new bill, the expedited approval meant only that an individual could receive SSI and Medicaid. They still had to wait five months to receive their Social Security disability benefits, which are based on their work history and generally substantially higher than the SSI amount. In addition, an individual approved for SSDI benefits for ALS becomes eligible for Medicare at the same time. (Most other individuals must wait two years for Medicare eligibility.) The five-month delay was especially devastating for individuals with ALS, many of whom require expensive care and equipment during that period as the disease often progresses quickly. Advocates have fought for the passage of this bill since 2016. - See the full National Law Review article.
State’s Expungement Law Expanded Under a new state police reform law, people with a criminal record will be able to get more than one criminal charge permanently removed from their records. Leon Smith, executive director of the Boston-based Citizens for Juvenile Justice, said a key change allows the expungement of multiple charges linked to a single arrest. Arrests typically include multiple charges, he said, but the expungement law until now only allowed one to be removed. "It's going to make a big difference," he said. "Police tend to overcharge, and this is something that we know disproportionately affects communities of color." The state's 2018 expungement law allows for the removal of juvenile records and some adult crimes. Unlike a sealed criminal record, which can still be viewed by law enforcement, expungement permanently removes charges from someone's official record. For felonies, petitioners must wait seven years after their sentence is completed to request expungement. For a misdemeanor, the wait is three years. Major convictions — for murder, felony assault, drunken driving, domestic battery, rape and other sexual offenses — cannot be expunged. Advocates for criminal defendants say the law is of limited use because people with juvenile records still cannot get multiple charges removed. In addition, advocates say too many charges, some of them misdemeanors, still do not qualify for expungement. In 2020, the probation office received 586 expungement requests through November. Only 43 were approved, according to agency records. Criminal records can haunt people long past their punishment, criminal justice reform advocates say, preventing them from getting jobs or housing or going to college. Massachusetts is known as being especially unforgiving when it comes to allowing people to get out from under the shadow of a conviction. - See the full Eagle Tribune article.
Mobile Asymptomatic Testing Van for Charlestown, Chelsea, Everett, Lynn and Revere
- Broadcast MGH 1/19/21
Food Project in Dorchester and Daily Table Now in Central Square Cambridge The Food Project is offering free groceries every Saturday 11-1 until March 27th at 555 Dudley Street, Dorchester. Mask required, but no ID needed. Daily Table, a non-profit, low-cost supermarket is expanding from Dorchester and Roxbury to Central Square, Cambridge. Daily Table accepts SNAP and WIC and offer delivery and in-store pick-up. They are hoping soon to be able to offer delivery for SNAP-paying customers as well. - Thanks to Kristen Risley for sharing these resources.
Somerville-Cambridge Elder Services Offering Free Vaccine Transport Somerville-Cambridge Elder Services (SCES) is offering free transportation, via one of SCES’ transportation providers, for local older adults to nearby COVID-19 vaccination sites. - From: SCES Providing Transportation to COVID Vaccine Sites, Somerville-Cambridge Elder Services, January 29, 2021.
New Young Adult Shelter- Journey Home The Home for Little Wanderers has announced the opening of Journey Home, located at 69 Alleghany St in Roxbury Crossing on 12/18/20. Journey Home is a 16 bed emergency shelter for young adults ages 18-25 who are struggling with homelessness. The program is designed to provide case management and supportive services in a collaborative, strengths-based environment with a focus on permanency. The program will be accepting new clients Monday-Friday from 9am-4pm. Referrals for the program can be made by either sending an email to JourneyHome@thehome.orgor or by calling 857-308-3255. - Thanks to Lindsey Krenzel for sharing this resource.
Worcester Housing Assistance Funds (This information was previously shared with the MGH Outreach and Resource Navigation email list.) Worcester has announced up to $3,00 in housing and utility arrearages assistance, that may be in addition to RAFT/ERMA. “Up to $3,000 per tenant to cover rent arrearages and household utility arrearages including heating, hot water and electricity. Only actual eligible arrearage costs will be paid as a one-time payment covering up to 3 months of rent and utility arrearages.” City of Worcester Rental Assistance ProgramThe City of Worcester has contracted with five local housing agencies to administer $1.9 million in rental assistance to the residents of Worcester. These agencies include:
Please contact these agencies directly through phone numbers or emails. Most agencies are working remotely and cannot accept walk-ins. Income Limits and more information: worcesterma.gov
Physicians’ Health Service Provide Confidential Mental Health Support Physician Health Services (PHS) is a non-profit corporation founded by the MA Medical Society that provides confidential consultation and support to physicians, residents, and medical students facing concerns related to:
PHS also provides a safe environment where physicians can talk to other physicians about the stress and demands of modern medical practices. Issues often relate to:
PHS is open, though virtually. PHS is always available for consultations – on the fly, or in depth, assistance with burnout and self-care techniques, and referrals. Call: 781-434-7404. Learn more: Physicians Health Service http://www.massmed.org/phshome/#.YBLT1OhKjcs - Thanks to Lynn Mazur for sharing this resource.
Health Connector Open Enrollment Extended Through March 23 The Health Connector announced that Open Enrollment has been extended through March 23, 2021. This means that consumers may apply for health insurance coverage and if they are eligible for a Health Connector plan, they can shop and enroll in a plan without needing a qualifying life event. Watch for Possible Further ExtensionsPresident Biden, seeking to expand access to health care and strengthen the Affordable Care Act, used his executive authority Thursday to order the reopening of enrollment in the health law’s marketplaces and a reexamination of Trump administration policies that undermined protections for people with preexisting medical conditions. Biden’s first step is to reopen enrollment for health coverage offered through the federal marketplace created under the health law, also known as Obamacare. His intent is to offer coverage not only to those who lost it during the pandemic, but also to those who did not have insurance and now want it, according to a senior administration official who previewed the new policy during a conference call Thursday morning. The so-called special enrollment period will be Feb. 15 to May 15. The official said the reopening would be accompanied by the kind of robust patient outreach — including “paid advertising, direct outreach to consumers, and partnerships” with community organizations and advocacy groups — that was abandoned by the Trump administration. Typically, Americans in the 36 states (not including MA) that rely on the federal marketplace can buy Obamacare insurance only during a six-week period in the fall, a restriction meant to encourage people to hold coverage even when they are healthy. The sign-up period for this year’s coverage ended in mid-December, with enrollments only slightly higher than they were last year. But the Trump administration did little to advertise it. Once the coronavirus struck, Trump faced pressure to reopen enrollment for the millions of Americans losing their jobs, but he refused. Health Connector Customer Service Call Center 1-877-MA-ENROLL (1-877-623-6765), or TTY 1-877-623-7773 for people who are deaf, hard of hearing, or speech disabled. Business Hours
The Health Connector offers extended and Saturday hours around important deadlines during Open Enrollment. - Adapted from Extension of Health Connector Open Enrollment 2021, MA Health Care Training Forum, January 22, 2021 with additional information from The Boston Globe
MassHealth Expanded Coverage for Crowns, Root Canal and Additional Procedures Ten years ago, state funding for dental benefits for adults (age 21 and over) in the MassHealth program was cut, as part of an effort to manage state budget shortfalls during the last recession. The result was a lack of access to dental care for people all across the state. Since then, Health Care For All (HCFA), along with coalition partners, consumers and legislators have worked to restore dental coverage in the MassHealth program. Over a million residents rely on MassHealth for their health and well-being. Over the last decade, dental coverage has been incrementally restored, practically “tooth by tooth.” After years of legislative advocacy, MassHealth started covering fillings, dentures and treatment for gum disease, but some key services were still excluded. Finally, earlier this month, the legislature approved funding for the last missing components to fully restore dental benefits in the program: coverage for root canal services and crowns. It came down to the wire, and happened only after the House and Senate overrode the Governor’s veto of the budget line item. Those with MassHealth will no longer be forced to face a tooth extraction because it was the only course of treatment covered. Having good oral health is critical to an individual’s ability to maintain a healthy diet, as well as their dignity and ability to work. With access to appropriate dental care, many people living with chronic illnesses such as diabetes or hypertension will now be able to rely on MassHealth coverage to keep their whole body healthy. Guidance MassHealth has issued guidance to dental providers about expanded coverage of adult dental benefits (for members age 21 and older), including certain endodontic, prosthodontic, and oral surgery services, effective January 1, 2021. These updates are being made notwithstanding that certain of these services are not currently listed as covered services in 130 CMR 420.000: Dental Services. MassHealth expects to formally amend 130 CMR 420.000 in the near future to reflect this expanded coverage of adult dental benefits. Updates include crowns and root canals when there is a favorable prognosis for the continued good health of both the tooth and the remaining dentition. As a reminder, dental providers may request prior authorization for any medically necessary service for a MassHealth Standard or CommonHealth member younger than age 21. This applies even if the service is not listed in Subchapter 6 of the Dental Manual. - See the full HCFAMA post and the full MassHealth Transmittal letter DEN-109, January 2021
Medicare Provisions Signed into Law On December 23, 2020, Congress passed several key provisions of the Beneficiary Enrollment Notification and Eligibility Simplification (BENES) Act (S. 1280/H.R. 2477) as part of a comprehensive legislative package. Signed into law days later, these policies will update Medicare enrollment rules for the first time in over 50 years to end lengthy waits for coverage, expand critical administrative flexibilities, and inform future policymaking on enrollment period alignment. BENES Act policies will modernize Medicare enrollment in important ways including:
In addition to these changes, the wide-ranging legislation provides some COVID-19 relief, and renews important health care policies for three years. The extensions include funding for community-based organizations that provide outreach and enrollment to low-income Medicare beneficiaries, financial protections for people whose spouses are on Medicaid and in a nursing home or long-term care facility, and Medicaid’s Money Follows the Person program, which supports individuals who wish to leave nursing facilities and return to their homes.
- See the full Medicare Rights post
Report Finds DCF Fails to Provide Required Language Assist to LEP Families The Massachusetts Department of Children and Families (DCF) is failing to provide federally mandated language access to limited English proficient (LEP) families according to a new report from Massachusetts Appleseed. This failure means families are denied the full ability to comprehend or participate in DCF’s process and therefore face an increased likelihood of separation compared to their English-speaking counterparts. Language-based discrimination directly impacts not only the parents who might lose custody of their children, but also the children of LEP parents themselves. Children separated from their families often experience complex trauma, grief, and poor educational outcomes. Massachusetts Appleseed’s report examines the various ways in which the Department of Children and Families violates the civil language access rights of parents, the reasons for this systemic failure within DCF, and steps that DCF, the Massachusetts Legislature, and the Massachusetts legal community should take to prevent the unjust separation of families and ensure the Commonwealth’s child welfare system complies with federal civil rights law. Report Highlights:
Read the full report - See the MA Appleseed release
SNFs Settle Complaint they Turned Away Patients with SUDs The U.S. Attorney has reached a settlement with the operator of eight nursing homes, including facilities in Peabody and Marblehead, over allegations that the company turned away potential patients because they were suffering from opioid addiction. The agreement with Southborough-based Alliance Health and Human Services is the third such agreement since 2018 between the government and nursing facilities over allegations that nursing homes were violating the Americans with Disabilities Act. The law protects individuals who are being treated for Opioid Use Disorder. According to the U.S. Attorney, however, at least 350 patients seeking admission to Alliance facilities were turned down because they were receiving medication-assisted treatment with methadone or buprenorphine. "These individuals were seeking admission to the facilities for health issues unrelated to their addiction, but also required that the facilities administer those treatments as they would administer any other medication," the U.S. Attorney's office said in a press release announcing the agreement. The U.S. Attorney had previously brought similar complaints against other nursing home operators, including Charlwell House and Athena Health Care systems. - See the full Salem News article.
Baker Signs $626 Million Economic Development Bill Gov. Charlie Baker has signed a $626 million economic development bond bill, which will provide money for a variety of COVID-19 relief funds as well as other state projects. The governor vetoed several sections of the bill, including some aimed at providing additional protection for tenants and low-income homeowners. There are large sums dedicated to broadband internet and also includes COVID-19-related grants to restaurants, small businesses, and cultural facilities. Baker did note, however, that the spending bill is the first step in authorizing money, and the bill is larger than what the state had budgeted for economic development. The final decision about how much money to actually appropriate will be up to the Baker administration – so it is possible that not all the projects laid out in the bill will ultimately be funded. In addition to the spending provisions, the bill included several policy proposals, the most significant of which was Baker’s Housing Choice initiative. The bill would lower the voting threshold for municipal government from two-thirds to a simple majority for certain zoning changes that the state wants to incentivize. The goal is to lessen the state’s housing crunch by making it easier to build more housing, and particularly more dense developments in appropriate places. Baker has frequently warned that the high price of housing will drive more people out of state if it is not addressed, since workers will not be able to afford to live here. The bill would have pushed the implementation date off by 90 days, but Baker vetoed that section. One criticism of the initial version of Baker’s bill is that it did not do enough to build new affordable housing and did nothing to help renters. Legislators, in the final bill, included several provisions to address these concerns. One, which Baker signed, would require communities served by the MBTA to designate one reasonably sized district near a T station in which multi-family building is allowed by right. Baker vetoed several other housing-related provisions that were meant to benefit renters or low-income individuals. The bill would have created a local option in which municipalities would give tenants the first option to buy a multi-family building that is sold. Baker said in his letter that this would significantly delay the sale of multi-family homes in Massachusetts Baker also vetoed a provision to seal records in eviction cases. Baker said he recognizes that keeping eviction files public makes it harder for tenants to find new housing, but, saying the proposal would actually apply to cases where a tenant was endangering other tenants or engaging in criminal activity. However, the final language enacted by the Legislature specifically allows tenants in no-fault eviction cases to petition to have the records sealed. The proposal defines a “no-fault eviction” as one where “the notice to quit, notice of termination or complaint does not include an allegation of nonpayment of rent or of a violation of any material term of the tenancy by the tenant or occupant; provided, however, that a ‘no-fault eviction’ shall include an action brought after termination of a tenancy for economic, business or other reasons not constituting a violation of the terms of the tenancy.” Baker signed a provision that will create the state’s first licensing system for student loan servicers. The Student Loan Borrower Bill of Rights requires the Division of Banks to license all student loan servicers, which means the state will monitor them for signs of deceptive practices. The new law also creates a Student Loan Ombudsman office that will review complaints and educate borrowers, as well as submit annual reports on conduct, complaints, resolutions and trends in student borrowing. - See the full Commonwealth Magazine article and the full Mass Live article.
Undocumented Avoiding Vaccine Due to Deportation Fears Immigrants across Massachusetts have resisted getting the COVID-19 vaccine out of fear of deportation or others legal consequences, according to lawyers, activists and community leaders. “We have been fielding phone calls from individuals who are concerned that they will be deported if they get a vaccine,” Iván Espinoza-Madrigal, of Lawyers for Civil Rights, told GBH News. “We have been advising individuals and families that they absolutely must make themselves available for testing and vaccination and that these activities will not trigger immigration consequences, but the harm has already been done. The misconceptions exist.” It would be illegal for medical officials to share information with Immigration and Customs Enforcement. But such concerns are still likely to hurt a public vaccination campaign, Espinoza-Madrigal says, which could compromise the wider population’s ability to reach herd immunity. “(It's) not because immigrants are trying to be difficult but because the Trump administration has created such tremendous fear and insecurity in immigrant communities that the trust has been broken,” Espinoza-Madrigal said. “It's going to take a significant effort from public health officials and local governments to fill that trust gap so that immigrants can come forth for vaccination.” Helena DaSilva Hughes, the executive director at the Immigrants Assistance Center, which serves a population of roughly 12,000 immigrants per year in New Bedford, says many immigrants, particularly those who work in the city’s more than 45 fish “houses,” factories and processing centers, were reluctant to get tested for COVID-19 until Gov. Charlie Baker implemented the Stop the Spread testing sites. “Stop the Spread worked quite beautifully in New England because it was free and no questions asked,” DaSilva Hughes said. “We saw a lot of testing being done, and what I am hoping is that the same system used for Stop the Spread will be utilized when the vaccine gets here for the general population.”
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