MGH Community News

May 2021
Volume 25 • Issue 5

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.

Massachusetts Reinstates Work-Search Requirement for Unemployment Next Month

Many Massachusetts residents will soon need to prove they are looking for work in order to collect weekly unemployment benefits. The Baker administration has announced that it will reinstate the requirement June 15, after temporarily suspending it in 2020 because of the pandemic.

Even for people who have been looking for work, the requirement will mean additional reporting and record-keeping responsibilities as the state seeks to verify that those on unemployment rolls are actively seeking jobs.

Does this apply to me?

The job-search requirement applies to anyone collecting regular unemployment benefits, as well those who have exhausted traditional benefits but are still out of work and receiving aid under state and federal emergency programs.

If you file under the Pandemic Unemployment Assistance program, which provides up to 79 weeks of assistance to those not eligible for traditional benefits — such as gig workers — you do not need to adhere to the work-search requirement.

What do I have to do?

Starting the week of June 13, you will be required to actively look for work in order to be eligible to collect aid, and you must be able to prove it. That means completing at least three work-search-related activities per week, which might include completing a job application, networking with colleagues or friends, or signing up for reemployment services at a MassHire Career Center.

“The work search requirement is not an onerous obligation,” said Susanne Hafer, an employment lawyer and a partner at Green and Hafer in Boston. “It really just requires that they spend time looking for a job, and that could be competing job applications, or looking for openings and documenting that.”

There’s no specific amount of time that a job-seeker must spend on the hunt, Hafer said.

Here’s a list of job-search activities that would keep an individual eligible to collect unemployment aid.

How do I prove that I am searching for work?

To prove you are searching for work, you will need to keep track of your efforts to find a job. Recipients are required to maintain a detailed, weekly log of all of their job-search activities, and they must provide that document to the state Department of Unemployment Assistance if requested.

Here’s a link to a state template for the weekly log.

 

What if I am offered a job, but it pays less than my unemployment benefits?

If you accept a new job that pays less than what you made weekly on unemployment, you can apply for partial unemployment benefits to make up the difference, the Baker administration said.

Hafer said this number will factor in the ongoing $300 federal benefit enhancement. For example, if an individual collected $1,000 per week in unemployment aid, including the $300 boost, and they accept a job that pays $600 per week, they could still collect an additional $400 in weekly aid.

How long can I keep collecting the $300 federal benefit?

This enhanced benefits program will be available until the first week of September. Even if your new job pays more than what you were collecting on unemployment, the Baker administration said that “in most circumstances” individuals will remain eligible for the $300 weekly stipend, until their new wages exceed 133 percent of their regular weekly benefit amount, without the enhancement.

What happens if I’ve claimed unemployment benefits that I haven’t received yet?

Hafer said that if an individual has applied for unemployment benefits but is still waiting on a decision, they will still need to comply with the search-for-work requirement while awaiting approval.

Why do I have to look for work to collect unemployment benefits?

Before the pandemic, people collecting unemployment benefits always had to prove that they were looking for work.

That requirement was temporarily suspended during the COVID-19 pandemic because of its impact on the economy, as businesses were forced to shut down and many firms laid off or furloughed their staff. Now, employers are saying they can’t get enough workers to fill service, factory, and other job vacancies.

Almost 40 other states have already reinstated the requirement, or are in the process of doing so.

- See the full Boston Globe article.

 

 

Administration Makes Major Improvements to Emergency Rental Assistance Program

Together with the second allocation of Emergency Rental Assistance (ERA), the U.S. Treasury Department and the White House published new guidance and a summary of major program improvements. These much-needed improvements will help deliver ERA to the lowest-income and most marginalized renters before the eviction moratorium expires. The improvements include a requirement that programs offer direct assistance to tenants if landlords refuse to participate within 5 days of offering payment to the landlord (7 days if by mail); measures to reduce burdensome documentation requirements by allowing self-attestation and use of “proxies;” prioritizing those in greatest need by setting aside 40% of total funds for extremely low-income households, and 70% of funds for households below 50% of the area median income; ensuring that subsidized households cannot be excluded from ERA; and allowing ERA to be used to help people experiencing homelessness to move into permanent housing.

- From: From DC: Rental Assistance Improvements, Key Discrimination Prohibitions, Expanding HCBS, and more, Justice in Aging, May 14, 2021.

 

 

MA Eviction Diversion Initiative Reminders and Outreach Materials

As we face the end of the state’s State of Emergency, and uncertain future of the CDC Eviction Moratorium, the MA Department of Housing and Community Development (DHCD) is reminding advocates of some key components of the state’s Eviction Diversion Initiative

Please let people know that there is additional funding available through the Emergency Rental Assistance Program (ERAP), even if they previously received RAFT/ERMA. We have easily sharable social media materials; including flyers, sample social media posts and a new promo video on our Public Information Campaign page.   

  • The promotional videos are available on YouTube and for download.  Downloaded videos can be shared directly on your social media accounts or uploaded onto your organization's website. 

The COVID Eviction Legal Help Program (CEHLP) continues to provide legal aid, advice, and legal assistance including full representation for qualified tenants and low-income homeowners with rental units (through the Volunteer Lawyers Project). 

  • We encourage partners to share information about free legal aid for renters who may have received a Notice to Quit, a court summons, or are concerned about a potential eviction. More information at https://evictionlegalhelp.org/  

Similarly, the Housing Mediation Program (HMP) continues to have a high rate of success with tenants and landlords who take advantage of professional mediation. This can be a vital tool to help tenants and landlords find a common solution.  

  • HMP has capacity to take on additional cases, and community partners are encouraged to continue making referrals and spreading the word about this resource. More information at https://www.resolutionma.org/housing  

- From: DHCD Updates on the Eviction Diversion Initiative – May 2021, Ambrose, Ryan (OCD), May 20, 2021 and Social Media Materials for Rental Assistance and Emergency Broadband Benefit Programs on Behalf of Undersecretary Jennifer Maddox, Ambrose, Ryan (OCD), May 10, 2021.

 

 

New Website Offers Emergency Rental Assistance Search for Other States

National Low Income Housing Coalition (NLIHC) has launched an updated Emergency Rental Assistance (ERA) program table to help renters find ERA programs near them. The searchable table contains links to programs’ websites. Users can search for their relevant state, territory, county, city, or tribal governments to find applicable programs. The database is updated three times per week to reflect the most updated program information.

If you know of a program that is not included in the database or see a program that needs to be updated, please email: research@nlihc.org

- From Jenifer Bosco, National Consumer Law Center, MA Utility Network Listserv, May 20, 2021

 

Free Lyft and Uber Rides to Vaccine Sites

Free Lyft Rides to CIC Vaccine Sites

People who want to get a vaccine but do not have transportation are being offered free rides.

Free rides will be covered by the state to all CIC Health vaccination sites through a collaboration with Lyft.

CIC Health has also added walk-ins at all of its vaccination sites, including community pop-ups. CIC Health mass vaccination sites include Gillette Stadium, the Hynes Convention Center and the Reggie Lewis Track and Athletic Center at Roxbury Community College.

The collaboration is providing up to $30 each way for an individual to receive a ride to and from their vaccination visits. Guests can get up to four rides to ensure they are able to get to and from their first and second shot visits.

Click here for more information or to get a ride.

A full list of CIC Health community vaccination sites can be found here.

Transport to Other Sites Coming Soon

Uber and Lyft have also agreed to get free transportation to vaccinations under an agreement with the White House, announced earlier this month. The feature should roll-out this month and run until July 4 the White House said. People who want to use the program would need to select a vaccination site near them and then redeem the companies' offer of a free ride. The two ride-sharing firms will promote the offer in their apps.

- See the full WCVB article with additional material from NPR.

 

State’s Homebound Vaccination Program Expands

The commonwealth’s Homebound Vaccination Program was launched on March 29 for individuals who met specific federal criteria, such as requiring significant support to leave home for a medical appointment.

Now, as of May 24, any resident who has trouble getting to a vaccination site is eligible for the homebound program.

Individuals can call (833) 983-0485 to register for an in-home vaccination, Monday through Friday from 9 a.m. to 5 p.m. The registration center has representatives who speak English and Spanish. Translation services are also available in more than 100 languages.

After registering, residents are expected to be called within five business days by the state’s homebound vaccination provider, Commonwealth Care Alliance, to schedule an appointment. It may take some time to get an appointment, so the quickest way to get vaccinated remains booking an appointment by visiting VaxFinder.mass.gov.

State officials noted the Homebound Vaccination Program is primarily using Johnson & Johnson vaccines, a safe and effective single-dose vaccine that only requires one visit to an individual’s home.

For residents 12 to 17 years old who are homebound and would need significant support to leave home to get to a medical appointment, the program is offering two-dose Pfizer vaccines. Individuals in this age bracket are encouraged to register for the program by Friday to ensure an in-home vaccination can be scheduled during the month of June.

More information on the Homebound Vaccination Program can be found here.

- See the full Mass Live article.

 

 

Families to Receive Monthly Child Tax Credits Starting July 15

The Treasury Department expects that 39 million families are set to receive monthly child payments beginning on July 15. The payments are part of President Joe Biden's $1.9 trillion coronavirus relief package, which expanded the child tax credit for one year and made it possible to pre-pay the benefits on a monthly basis. Nearly 88% of children are set to receive the benefits without their parents needing to take any additional action.

Qualified families will receive a payment of up to $300 per month for each child under 6 and up to $250 per month for children between the ages of 6 and 17. The child tax credit was previously capped at $2,000 and only paid out to families with income tax obligations after they filed with the IRS.

But for this year, couples earning $150,000 or less can receive the full payments on the 15th of each month, in most cases by direct deposit. The benefits total $3,600 annually for children under 6 and $3,000 for those who are older. The IRS will determine eligibility based on the 2019 and 2020 tax years, but people will also be able to update their status through an online portal. The administration is also setting up another online portal for non-filers who might be eligible for the child tax credit.

Roughly 39 million American families are eligible for monthly payments of up to $300 through the newly expanded child tax credit starting on July 15, the IRS and U.S. Treasury Department announced on Monday.

The advance child tax credit program is part of the Biden administration's $1.9 trillion economic aid package called the American Rescue Plan that was passed in March. It increases the existing tax benefit from $2,000 up to $3,600 for younger kids and $3,000 for older ones, for the 2021 tax year.

"For working families with children, this tax cut sends a clear message: Help is here," said President Biden in a Monday statement.

How does it work?
Instead of forcing parents to wait until the following year — after filing annual income taxes — the relief checks are an advance on half what they'd typically be entitled to get.

In this case, eligible families qualify for up to $300 per month for each child under 6 years old and up to $250 for each child from 6 to 17. So a family with three children ages 5, 7 and 16 could see an extra $800 per month in their bank account through the latter half of the year. The credit goes away once a child reaches 18.

The amounts could be smaller depending on the parents' income and the IRS said final payment amounts will be determined by 2020 tax returns (or 2019 filings if the 2020 documents have not been processed in time) and it urges those who have yet to file to do it as soon as possible to make sure they're eligible for the appropriate amount.

Deposits will be made from July through December. The payments that represent the first half of 2020 will be provided later in a lump sum. Payments will be automatically deposited into accounts on file with the IRS, without any additional action required.

But the boost is temporary. "Congress must pass the American Families Plan to ensure that working families will be able to count on this relief for years to come," Biden said.

Who is eligible?
Married parents filing joint returns, as well as qualifying widows or widowers with incomes under $150,000 are eligible for the full refunds. The increased amounts will be reduced for couples with incomes above that, according to the IRS.

Parents who don't come under the married or widowed categories can make up to $112,500 if they are heads of households and $75,000 for all other individual taxpayers before the benefit is reduced.

People who don't make enough money to pay income taxes can also expect to see more money this year. Under the new tax credit low-income parents will no longer be docked for part of the credit as they currently are and the poorest families, who typically don't benefit from it at all, will also qualify for the full amount.

Can I opt out?
Yes.

The IRS said eligible taxpayers who don't want the advance payments and instead would like to save the full child tax credit until next year will be able to decline the checks.

"Taxpayers will also have the opportunity to update information about changes in their income, filing status or the number of qualifying children," the agency said, adding an online portal will become available sometime before July 15.

The president has proposed an extension of the increased child tax credit through 2025 as part of his $1.8 trillion families plan. Outside analysts estimate that the payments could essentially halve child poverty. The expanded credits could cost roughly $100 billion a year.

For Mixed Status Families
This FAQ from CLASP provides information for mixed immigration-status families on the CTC eligibility criteria and how families can get the benefit in both English and Spanish.

- See the full Boston Globe article and NPR story.

 

 

P-EBT Approved for Summer

Massachusetts has received federal approval to continue providing Pandemic EBT (P-EBT) benefits to families through summer 2021. The Department of Transitional Assistance (DTA) estimates this will provide continued financial assistance for the families of more than 600,000 school-age children and 88,000 children under six in households that get SNAP benefits to buy food as Massachusetts families recover from the economic impact of the pandemic.

P-EBT is a federal program, jointly administered by DTA and the Department of Elementary and Secondary Education (DESE), that promotes increased food security for families whose children receive free or reduced-price school meals through the United States Department of Agriculture’s National School Lunch Program (NSLP). The program covers the cost of school meals for students in remote or hybrid learning environments during the COVID-19 public health emergency. The American Rescue Plan Act of 2021 recently allowed states to continue providing P-EBT for families through summer 2021.

In Massachusetts, all students who have received P-EBT will receive a total of $375 in P-EBT benefits in two equal payments of $187.50 this summer. The first payment will be issued on July 1 and the second payment will be issued on August 1. Students who graduated in 2020 or have moved out of Massachusetts will not receive P-EBT benefits in the summer.

Families who receive SNAP and have received P-EBT for their children under six years old will also receive two summer P-EBT payments of $187.50, totaling $375 for the summer. Payments for these children will be made on July 25 and August 25.

 - See the full press release, thanks to Pat Baker, MLRI, for forwarding.

 

 

Baker Administration Considers Continuing Emergency SNAP Benefits Beyond June 15

During the pandemic, USDA in collaboration with the state has provided increased SNAP benefits- bringing those who were not at the maximum benefit level up to the maximum benefit level for their household, and, as reported last month, ensuring even those who were already receiving the maximum benefit received a minimum of $95 in “emergency allotment” payments (SNAP Emergency Allotments for Lowest Income SNAP Households, MGH Community News, April 2021.) This pandemic-related payment relies on having both federal and state-level States of Emergency in place. Governor Baker has announced the State of Emergency will end on June 15. You can learn more about the full announcement here.

The Administration has released a statement that reads in part:

The Baker-Polito Administration recognizes the critical importance of the Emergency SNAP benefits in helping Massachusetts residents combat food insecurity as a result of the COVID-19 pandemic. The Administration is aware of the importance of extending these benefits past June 15, and is working to continue the Emergency SNAP benefits beyond June. 

As we move forward, we will provide additional information as it becomes available.

Advocacy tip: encourage members who have income that under non-pandemic rules would mean a reduced benefit to claim any income deductions for which they’re eligible to maximize their benefits once the pandemic rules are no longer in place. (See accompanying story.)

- From: Coalition Tues 5/25, overhaul to DTA Assistance Line + Emergency Allotments, Victoria Negus, MLRI, May 24, 2021.

 

Advocacy Tip- Encourage SNAP Households Whose Regular SNAP Amount is Below Max SNAP to Claim Deductions to Maximize Benefits and Avoid Post-Pandemic SNAP Cliff

As noted in an accompanying article, barring additional state action, the SNAP “Emergency Allotment” payments that ensure that every SNAP household receives the maximum benefit for their household size will end with the end of the State’s State of Emergency, on June 15. Robustly claiming deductions is critical for families whose regular SNAP is below the maximum SNAP amount. Claiming all deductions they are eligible for can result in an additional “plus up” of SNAP now and, in the future, can help with the cliff effect when the extra SNAP payments end, whether soon or at a later date.

The 4 deductions to focus on are (in order of priority, and with links to SNAP Advocacy Guide questions):

  1. medical expenses  For example, any member of a SNAP household who is age 60+ or disabled is allowed to claim un-reimbursed medical and health-related expenses as an income deduction. This applies to disabled children as well as adults. For many years this deduction has been woefully underclaimed and advocates are worried even more households have had trouble successfully claiming medical costs because of verification barriers and the pandemic. 
  2. payment of legally obligated child support - this is the only deduction that lowers gross income, meaning claiming it can help applicants more readily get through the "front door" with income lower than 200% of the Federal Poverty Level. 
  3. rent or homeownership costs (can be self-declared)
  4. child care costs for parents who are working, looking for work, or in school (can be self-declared)

- From: extra SNAP for all households as of today! + group homes info, Victoria Negus, MLRI, May 4, 2021.

 

 

New Flyer: Making the Most of Your WIC and SNAP Benefits

For those who receive both WIC and SNAP, there are some important things to know to maximize benefits. DPH has created a new educational flyer WIC - Making the Most of Your WIC & SNAP Benefits! Soon, it will also be available on the website: Mass.gov/wic and the WICShopper app. 

Excerpts:

WIC benefits expire at the end of the month; SNAP benefits stay on the account for 365 days- or even longer. Each time you use your card you restart the 365-day clock. (So use your WIC benefits first!)

There are difference in the foods you can buy with each program:

What Does WIC Offer?

  • Milk, cheese, and yogurt
  • Hot or cold cereal
  • Whole grains, such as bread, rice, pasta, and tortillas
  • Peanut butter, beans, eggs, and tofu
  • 100% fruit & vegetable juices
  • Infant foods
  • Canned fish for certain categories of participants
  • $ for fresh, frozen, or canned fruits and vegetables

What Does SNAP Offer?

You can purchase most staple foods at the grocery store using SNAP, including basic foods that are typically prepared at home and eaten as a meal.

Use your SNAP card to purchase foods that you cannot purchase with WIC. A few examples include cooking oil, spices, baking ingredients, healthy snacks, meat, and frozen meals.

When Checking Out

  1. Place all your items together, in any order, on the checkout counter. Note: At small grocery stores (with 1-2 cash registers) the orders need to be separated.
  2. Give the cashier your coupons and/or store savings card first.
  3. When the cashier tells you, swipe your WIC card first, and THEN your SNAP card.
  4. Lastly, don’t forget to purchase all of your WIC foods before your benefit period expires, since they will not roll over to the next month! SNAP benefits stay on the account for 365 days. Just remember to always swipe your WIC card first, and THEN your SNAP card!

See the flyer for more information.

- From: Utility rights training tomorrow, Coalition reminder, WIC materials + more, Victoria Negus, MLRI, May 19, 2021.

 

DTA to Reopen Local Transitional Assistance Offices for Limited Services in June

The Department of Transitional Assistance (DTA) has announced that local transitional assistance offices (TAO) across the Commonwealth will begin reopening to applicants and clients for limited-service options on Monday, June 28, 2021. The Department’s office reopening will be a gradual and phased return to a safe level of in-person services for clients and staff at local offices.

Phase 1 of the Department’s initial reopening phase will focus on supporting clients with limited access to technology and those who cannot safely access DTA’s wide array of remote services (such as survivors of Intimate Partner Abuse and people experiencing homelessness) by opening TAO lobbies and interview rooms for clients to use self-service kiosks, scanners, and phones to:

  • Drop off or scan documents
  • Apply for SNAP (food assistance) and TAFDC or EAEDC (economic/cash assistance)
  • Complete SNAP recertifications
  • Request replacement EBT cards to be mailed
  • Access services through the Assistance Line or be connected to appropriate DTA staff

In response to the impact of the pandemic, DTA significantly expanded access to the agency’s services for the vast majority of the families and individuals it serves. Clients can now apply online or by phone for all DTA programs by calling the DTA Assistance Line, as well as request replacement EBT cards. Clients can use the DTA Connect website and mobile application to apply for benefits, submit documents, and update case-related information. Learn about all the ways that people can connect with DTA here.

Replacement EBT cards will continue to be available by mail. Clients can request and track replacement EBT cards 24 hours a day, 7 days a week by calling the DTA Assistance Line or using the DTA Connect website and mobile application.

The Department’s operational reopening is contingent on a number of important factors, including current public health statistics, state and federal public health guidelines, and the implementation of operational changes to support health and safety requirements.

More information about the Department’s program and policies during the public health emergency can be found at mass.gov/dta/COVID-19. Visit DTAConnect.com to apply for SNAP. Call 877-382-2363 to access the DTA Assistance Line. 

Additional details were shared by Christopher Power, Director of External Affairs at the May 11, 2021 SNAP Coalition call:

  • Offices will accept walk-ins; no appointment is needed.
  • The model, as noted above is a  guided self-service method (kiosks) with staff to assist.
  • The Kiosks will feature iPads with DTA connect loaded. The director of disability access and Client Assistance Coordinators have been involved throughout the process to ensure the kiosks are accessible to people with disabilities.
  • Visitors will participate in health-screening before entry.
  • Document drop-off will be option as well.

You can learn more about the Department’s reopening plan and the various ways families can continue to do business with the Department remotely in our news article

- See the full press release.

 

DTA Homeless Liaisons Ramping Up- Currently Available to Advocates

The Department of Transitional Assistance (DTA) is rolling-out a new homelessness liaison role. As they ramp up, the liaisons aren't working directly with people experiencing homelessness, but are contacts for advocates and providers to address barriers families and individuals without housing are experiencing in accessing

See the current contact list for the DTA Homeless Liaisons.

- From: DTA liaisons on homelessness,  housingbenefits@googlegroups.com on behalf of Kelly Turley, MA Coalition for the Homeless, May 6, 2021.

 

 

DTA overview of Assistance Line changes 

On Tuesday, DTA announced major revisions to the DTA Assistance line. These changes should significantly improve customer service for households who have applied for or are already getting DTA benefits. View the DTA presentation highlighting the most significant changes to the statewide Assistance Line. And see  DTA's "roadmap" of the revised phone system and the options / information that will be shared with callers. 

Please let MLRI / DTA know what your experience is with this updated phone system - while we are glad these changes are in place, we know there will be issues and areas for further improvement! 

- From: DTA resources on Assistance Line, critical PEBT info, Fairness for Farmworkers Coalition,
Victoria Negus, MLRI, May 26, 2021.

 

 

Biden Administration Changes Policies to Ease Immigrant Access to Public Benefits

This month the U.S. Citizenship and Immigration Services (USCIS) announced they are discontinuing the initiative started by the Trump Administration in September 2020 to collect information regarding immigrant sponsor deeming and agency reimbursement from agencies that administer federal means-tested public benefits (Medicaid, Children’s Health Insurance Program, Temporary Assistance for Needy Families [TAFDC in MA], Supplemental Nutrition Assistance Program, and Supplemental Security Income). The change in policy is effective June 18, 2021. USCIS cited the Biden Administration's Executive Order 14012 that revoked the Trump Administration's memorandum on “Enforcing the Responsibilities of Sponsors.” See the USCIS announcement for more information.  

Separately, President Biden revoked the October 2019 Health Insurance Proclamation that would have restricted people who cannot pay the full cost of health insurance or their health care out of pocket from immigrating to the U.S. Justice in Aging signed a letter organized by the Protecting Immigrant Families (PIF) campaign opposing the proclamation, and it was blocked from taking effect by the courts. 

- From: From DC: COVID-19 Hate Crimes Act Signed into Law, Access to Benefits for Immigrants, and more, Justice in Aging, May 21, 2021.

 

 

Haitian Immigrants Can Apply for TPS Extension

The Biden administration is granting eligible Haitian nationals living in the United States the chance to apply for a new, 18-month Temporary Protected Status designation. The decision potentially affects more than 100,000 Haitians living in the U.S., advocates said.

Homeland Security Secretary Alejandro Mayorkas cited security concerns, social unrest, human rights abuses and crippling poverty for the decision. The effects of a devastating earthquake in 2010 in Haiti have exacerbated the severity of conditions there, he said in a statement.

Haiti was originally designated for TPS following the 7.0 magnitude earthquake in 2010. Those protections were extended several times, until the Trump administration tried to terminate them altogether in 2017. Several lawsuits, alleging both procedural flaws in the moves and animus toward "non-white, non-European immigrants" behind them, blocked that effort from taking effect.

This temporary designation allows nationals to live and work in the U.S. An estimated 325,000 TPS recipients from 11 countries spanning Burma and Somalia to El Salvador and Haiti live in the U.S., according to the National Immigration Law Center.

This order applies only to eligible Haitian nationals — and others without nationality who last resided in Haiti — living in the U.S. as of May 21. Homeland Security warned that anyone who attempts to travel to the U.S. following Saturday's announcement won't be eligible and could be repatriated.

"We applaud the long overdue decision by the administration to redesignate Haiti for TPS and commend President Biden for heeding the repeated calls to follow through on his campaign promise to protect Haitian communities with longstanding ties here who have built their lives in the U.S.," Marielena Hincapié, executive director of the National Immigration Law Center said. "This announcement is welcome relief for more than 100,000 Haitians who have been living with great uncertainty."

Haiti's 18-month TPS designation will go into effect on the publication date of the Federal Register notice, which Homeland Security said would happen soon.

- See the full WBUR story.

 

 

While Stimulus Payments Not Counted as Resources for SSI for 12 Months Deadline is Approaching for the First Payment

Supplemental Security Income (SSI) recipients who do not typically file a tax return should have received their third economic impact payment (EIP) automatically in April 2021. Those who receive their SSI benefits electronically by direct deposit or Direct Express Card should have received their EIP in the same way around April 7. Those who receive their monthly SSI benefits by check in the mail were mailed paper check EIPs beginning April 9.

The Social Security Administration (SSA) will not count any of the EIPs as income for SSI recipients, and the payments are excluded from resources for 12 months after receipt. Many SSI recipients received their first EIP under the CARES Act in May 2020. They are now approaching the end of the 12-month exclusion period for the first EIPs starting on June 1, 2021, when any remaining CARES Act EIP funds they still have which puts them over the $2,000 resource limit ($3,000 for an eligible couple) will be counted as a resource, and they will lose their eligibility for SSI for that month. SSI recipients and their payees must take care to be sure they have spent down their CARES Act EIP funds before 12 months have passed since they received the payment. Since EIP funds are not the same as SSI benefits, individuals are not limited in what they can spend these funds on and can spend down on whatever they wish, including on gifts and charitable contributions.

For more information see SSA EM-20014 SENEffect of Coronavirus Aid, Relief, and Economic Security (CARES) Recovery Rebates on SSI Income and Resources, issued April 17, 2020.

- From: SSI Recipients and Economic Impact Payments, National Center on Law & Elder Rights (NCLER), May 4, 2021.

 

Program Highlights

 

The John F. Kennedy Family Service Center Provides Array of Services for Charlestown Families

The John F. Kennedy Family Service Center is currently running a program called JFK Cares to help Charlestown Residents impacted by COVID-19.  Eligible families are families that who have income at or less than 200% of the Federal Poverty Level. This program offers food assistance, financial assistance, and resource navigation.  

The Family Service Center also has a Community and Family Engagement team that serves Charlestown families with children from birth to age 8.  The team can help clients with applications such as RAFT/ERAP and LIHEAP. Programs include a Welcome Baby program, a Road 2 Kindergarten program as well as many playgroups and workshops.  

  • The Welcome Baby program is referral based and begins with a virtual home visit for families with newborns up to 7 months. The visit includes providing the family with some baby essentials, information about services in the community, as well as a new book for the baby. 
  • The Road 2 Kindergarten program is a virtual program for children ages 4 to 6. Participants receive a kit with educational materials. The program includes activities such as reading stories, playing learning games, and singing songs to prepare for kindergarten. 

In addition, the Family Service Center is a partner agency to Cradles to Crayons. Cradles to Crayons provides eligible families free essentials including clothing, shoes, diapers, car seats, strollers, and more. They distribute items to partner agencies, so Family Service Center clients may be connected with Cradles to Crayons’ services.  

Learn more at https://www.kennedycenter.org/ or contact a member of the Family Engagement team at (617) 241-8866 x1352. 

-Thanks to Hannah Perry for contributing this article.

 

 

First-in-the-Nation Hotline Seeks to Help Abusers

Massachusetts has numerous hotlines and resources for people who have been abused by their intimate partners. But if an abuser wants to change his behavior, who can he call for help? A new helpline being launched as a pilot program by organizers in Western Massachusetts aims to be the first helpline in the United States for people who do harm – and the family members and friends who want to help them change. 

The 10 to 10 helpline, named for the hours it operates between 10 a.m. and 10 p.m., launched as a small pilot program April 15 with federal and state grant money and a handful of trained responders to answer the phone. Callers remain anonymous and confidential, and can call as often as they like. It is open to anyone in Massachusetts of any gender, although statistically abusers are more likely to be men. It is also a place where a family or friend of an abuser can call to get advice on how to respond to their loved one without being complicit in the abuse. 

“We shouldn’t just be asking victims and survivors to solve this,” said Monica Moran, who manages domestic violence prevention projects for the Pioneer Valley Planning Commission and is one of the helpline’s coordinators. 

Moran said over the years she has taught domestic violence prevention in schools, “I’ve had more than one student come to me after and say I think I’m going to do something to my partner, I’m worried I’m going to hurt them… What should I do?” Moran said. “I’ve never had anywhere to send them.” 
“Many people have someone they love and care about who’s being abusive, and they don’t say anything because they don’t know what to say, or they don’t know how to do it safely,” Moran said. “Unfortunately, that silence is misread as support.” 

While 10 to 10 is the first such hotline in the country, there are some models internationally. The United Kingdom has the Respect Phoneline, which provides phone and email support to people who perpetrate violence. Australia has the Men’s Referral Service, funded by the Australian government, which accepts phone calls from men who use violence and also follows up on police calls related to domestic violence. In Canada, a 24-hour pilot hotline for abusive men was launched in Nova Scotia in September. (The National Domestic Violence Hotline in the US can provide support for abusive partners, but it primarily serves victims and survivors.) 

Currently, Massachusetts has 14 state-certified batterer intervention programs. But those are generally 40-week courses, and most of the men who participate were ordered by the courts to do so. Data show that only a fraction of domestic violence cases are actually reported to the police. 

The philosophy of the helpline is that domestic violence stems from a belief system, and beliefs can change. People who harm others believe they are superior to their partner and if they are uncomfortable, they have a right to harm their partner. People who act safely in their relationships believe that their partner is of equal value and deserves respect, so the person has no right to harm their partner no matter how stressed or upset they are. 

“When someone calls, there’s an opportunity to provide a framework of how abuse works – its root causes, the aspects of power, and control around it – and it’s an opportunity to help an individual understand the impact of violence on themselves and others,” said Jason Patrissi, an assistant chief probation officer in Hampshire Superior Court who has worked with abusive men in batterers’ groups and trains helpline responders.

Jason Patrissi said men most often seek help when there is a life-changing event. For example, their partner might be preparing to leave because of the abuse. Some men may also recognize how awful their actions are, or the impact on their children, and want to change. Patrissi said information is often not available to explain to men how to be in a healthy relationship.  

Patrissi stressed that not all abusers want to change, and there is no guarantee a man will change. It is up to the survivor and victim whether to stay in an abusive relationship or leave. But Patrissi said in some cases, the type of safety planning that men will participate in through the helpline – identifying steps to calm themselves rather than engaging in violence and building their own support network – may create an environment where it is safe enough for a partner to leave. Frequently, domestic violence occurs when a victim attempts to leave.

Helpline interventions could also create a safer environment for partners who choose not to leave a relationship or who are not ready. Domestic violence victims frequently try to leave their relationship multiple times before staying away for good. 

- See the full Commonwealth Magazine article.

 

 

Price Chopper Now Accepting SNAP Online Ordering

MA SNAP households can now use their SNAP benefits to buy groceries online with their EBT card from participating Price Chopper stores for pickup and delivery via Instacart. Price Chopper is the fourth SNAP online retailer in Massachusetts, joining Walmart, Amazon, and ALDI. To learn more, see the state's press release here. 

- From: Amplify GBFB report, DTA offices plan, PEBT outreach info, Price Chopper, Victoria Negus, MLRI, May 6, 2021.

 

 

The Parent Support Program at The Home for Little Wanderers

The Parent Support Program is a new program at The Home for Little Wanderers. Our program is funded by The Department of Mental Health allowing us to provide all our services for free. The Parent Support Program is designed to serve parents and caregivers in Suffolk County and surrounding communities, caring for children with behavioral and mental health needs. Our diverse staff is working to specifically offer programming for underserved families that feel marginalized. Our primary service area includes: All neighborhoods of Boston, Brookline, Cambridge, Somerville, Chelsea, Revere and Winthrop.

Within our program we have two supportive roles, one being our Parent Support Specialists who lead our support groups and are available for one-on-one support for all families. Our Specialists are employees who are both professionally trained and have life experience. They are available to help caregivers navigate the mental and behavioral health system. From helping caregiver access appropriate services through public schools to advocating for children to receive the appropriate referrals to specialist, Parent Support Specialists are available to caregivers whenever they need additional guidance.

During the COVID-19 pandemic we are offering virtual support groups, webinars, hybrid groups and classes for parents and caregivers. They are open to all the communities and we will run all our programing in Spanish, Haitian and English. Some of our programming include: Parenting journey classes, Job readiness group, Financial literacy workshops, Self-care workshops, Virtual learning for children and many more. Our groups are designed to help all parents feel empowered and supported during these uncertain times.

We also have an Educational Advocate who is available to help caregivers navigate the complex special education system. They offer individual consultations with families and hosts workshops and support groups that focus on areas such as, Individual Education Plans (IEPs), 504 Plans and special education testing. 

All our groups are offered in Spanish, English and Haitian Creole.

Learn more at:http://hlw.convio.net/site/PageNavigator/ParentSupportProgram.html or call the parent support program at (617) 469-8696

- This information was provided by Danelsi Rosario, Program Director, Parent Support Program. Thanks to Hannah Perry for submitting this article.

 

 

Caregiver Abuse Registry on Track for July Launch

A new state registry to track caregivers who have abused people with disabilities is on track to launch in July, after a six-month delay. 

“There is so much work to be done, and they’re doing it really well and taking it slowly so that they get it right,” said Cheryl Chan, who advocated for the law establishing the registry. The law is named for Chan’s son Nicky, who was beaten by a caregiver at a day program for people with intellectual disabilities.  

Nicky’s Law was signed by Gov. Charlie Baker in February 2020. The law requires the state’s Disabled Persons Protection Commission to create a registry of caregivers of people with disabilities against whom the commission has substantiated an allegation of abuse. A worker has the right to appeal their inclusion on the registry and can petition to be removed from it after five years.  

Employers will be obligated to check the registry and cannot hire someone whose name appears on it. The registry would be confidential, so only employers can check it. 

The goal is to avoid a situation where a caregiver abuses someone with a disability while working for one agency, then gets a job with a different agency where no one knows about the abuse.  

 When the law passed, it was supposed to go into effect January 31, 2021. But provision in a budget bill signed in December pushed the deadline back to July 31. 

Andrew Levrault, assistant general counsel at the Disabled Persons Protection Commission, said he anticipates employers will be able to register for access to the registry portal in early July. 

The ARC already has an eye toward expansion. The current law covers caregivers working for the Department of Development Services. The disability rights organization is advocating for a bill, sponsored by Millbury Democrat Sen. Michael Moore to expand that to employees who work in day programs covered by MassHealth for individuals with intellectual and developmental disabilities.   

“We’d like to see that expand to more agencies and more vulnerable populations,” Sullivan said.  

- See the full Commonwealth Magazine article.

 

Health Care Coverage

 

New Enhanced Benefits for Unemployment Income Recipients on Health Connector Plans

Due to the American Rescue Plan, Massachusetts residents who received unemployment income for even one week during 2021 are eligible to enroll in Health Connector ConnectorCare Plan Type 2A coverage. 

The online application at MAhealthconnector.org has not yet been able to make these determinations. However, at the end of May, the Health Connector will start to apply these additional subsidies through an unemployment income workflow. The unemployment income workflow is a post-eligibility process that happens nightly for any household that has attested to having a tax filer with unemployment income during 2021.

System Updates:

  • When members, Customer Service staff or Assisters submit applications, either new applications or when reporting a change for an existing member, they will receive an eligibility result based on current system rules. This eligibility result will not display eligibility for a ConnectorCare Plan Type 2A if the individual is otherwise eligible for a different benefit  
  • Each night through the unemployment income workflow, the Health Connector will find the applications where unemployment income in 2021 has been reported and change the eligibility determination to ConnectorCare Plan Type 2A. Assisters, Customer Service or members will see this change to ConnectorCare Plan Type 2A the next morning.  
  • The Health Connector will mail a notice with this eligibility change reflected. 
  • On or around June 4th, an updated banner message will display on the Eligibility Results screen for those applicants who have attested to having unemployment income, alerting them to the unemployment income workflow.
  • Current Health Connector members with income over 300% FPL who indicated that they had unemployment income in 2021 will either be moved into ConnectorCare automatically or will need to reshop.
  • Those enrolled in Silver level plans offered by a ConnectorCare carrier will get moved into ConnectorCare automatically. 
  • Those enrolled in non-ConnectorCare carriers or outside the Silver tier need to reshop to enroll in ConnectorCare Plan Type 2A coverage.

How can advocates help?
If you are helping a member update their information and they are adding in Unemployment Income, and their eligibility is not already ConnectorCare Type 2A, alert them that:

  • Due to the American Rescue Plan, there is additional financial help for those who report Unemployment Income. The online application at MAhealthconnector.org will update overnight to add these additional benefits to your eligibility.
  • By the next day, applicants and members will be redetermined into ConnectorCare Type 2A eligibility, that provides more affordable plan options. 
  • If the member is not initially ConnectorCare eligible, they should either log in to their account or contact their Assister or call Health Connector customer service to shop and enroll in a ConnectorCare plan the day after the unemployment workflow has run.
  • Current members with income over 300% FPL who are enrolled in Silver level plans offered by a ConnectorCare carrier, will get moved into ConnectorCare automatically. Those enrolled in non-ConnectorCare compatible plans need to reshop to enroll in ConnectorCare Plan Type 2A coverage.

Previous Enhancements
The American Rescue Plan enacted in March 2021 made low cost coverage available through the Health Connector more affordable for more people in 2021 and 2022. The Health Connector has done an extraordinary job of gearing up to reduce premium costs for their current enrollees, and to get the word out to those who are newly eligible for low cost coverage.

 In April, the Health Connector redetermined eligibility for approximately 183,000 existing enrollees with incomes under 400 percent FPL in order to lower their premiums on May 1, 2021. Average savings ranged from 7 to 55 percent, with enrollees in Plan Type 2A with income between 150-200 percent averaging 55 percent lower premiums.

In late April & May it also redetermined eligibility for approximately 241,000 people who had previously been found eligible for ConnectorCare but hadn’t enrolled. With lower premiums, more may be able to enroll on May 1 or June 1, 2021.

In May the Health Connector redetermined eligibility for enrollees with income over 400 percent FPL who had applied for help with costs but hadn’t  qualified until the ARP eliminated the 400 percent income cap for 2021 and 2022.

Starting in June, it will be able to redetermine eligibility for enrollees with reported unemployment income in 2021 who are now eligible for coverage with no premium charge starting in July 1, 2021.

It has also ramped up an ambitious outreach and enrollment campaign in cooperation with DUA, DOR, community groups, private insurance companies and its communications vendor to get the word out to eligible individuals.

Learn more: https://www.mahealthconnector.org/american-rescue-plan

- From: New Enhanced Benefits for Unemployment Income Recipients on Health Connector Plans, Massachusetts Health Care Training Forum, May 18, 2021 and May 13, 2021 Health Update, Vicky Pulos, MLRI, May 13, 2021.

 

 

MassHealth Resumes Annual Renewals But Protections Still in Place

Since March 2020, MassHealth has generally suspended all but administrative renewals. In May 2021 it is resuming annual renewals in accordance with pre-COVID procedures, but importantly, coverage is still protected by the maintenance of effort/continuous coverage provisions of the Families First Coronavirus Response Act (FFCRA) that, with only limited exceptions, applies to people enrolled in Medicaid on March 18, 2020 or later during the public health emergency.  

MassHealth has released a document describing its plans to resume renewals and to make certain changes in coverage pursuant to November 2020 final rules interpreting the FFCRA provision for maintaining coverage. It has also developed a protection notice that lets members know that they are remaining in their current coverage but only due to the protection which is expected to be in place at least through Dec 2021. We have posted the MassHealth Eligibility Update and the Protection notices herehttps://www.masslegalservices.org/content/masshealth-eligibility-update-may-2021

Changes beginning in May 2021

  • Starting on May 9, 2021, MassHealth is resuming the renewal process. It has a backlog of about 314,000 renewals in both HIX (265,000) and MA-21 (45,000) that could not be administratively renewed (renewed into same coverage based on data matching). It plans to begin with smaller weekly mailings to monitor progress and make changes as needed.  
  • No one will lose Medicaid coverage based on the renewal during the public health emergency (PHE), but some people may move to less comprehensive benefits such as a low income parent whose youngest child turns 19 moving from MassHealth Standard to CarePlus. We have been assured that CarePlus-eligible members enrolled in Standard based on “medical frailty” will be protected in Standard. CarePlus members who have turned 65 and enrolled in Medicare who were upgraded to Standard via the “workaround” needed for MassHealth to be secondary to Medicare will also remain protected in Standard.
  • MassHealth also plans to return to the practice in place before the PHE of reducing Health Safety Net (HSN) coverage to only dental services 90 days after people eligible for ConnectorCare are also found eligible for HSN. It had suspended application of this rule in March 2020.
  • Meanwhile, MassHealth will continue redeterminations for previously CHIP-funded new mothers and 19 year olds without protecting their previous non-Medicaid coverage, a practice it resumed in the summer of 2020.

To some extent this is a "safe" preview--with protections still largely in place-- of what we may see in 2022 after the public health emergency and the protection have ended. We need your help to monitor how this is working to flag issues that need to be fixed before 2022.

- From: May 13, 2021 Health Update, Vicky Pulos, May 13, 2021.

 

 

MassHealth Estate Recovery Program Updated

Federal law requires MassHealth to have an estate recovery program. This program requires MassHealth to recover assets from the estates of certain MassHealth members after their death, unless exceptions apply. Estate Recovery applies to members who are:

  • 55 years old or older
  • Any age and living in a long-term care or other medical facility

Note: Estate recovery may apply to MassHealth members whether or not they enrolled in a health plan, such as a Managed Care Organization, Accountable Care Organization, Senior Care Options (SCO), PACE, or One Care.

MassHealth is amending its regulations at 130 CMR 501.000 and 515.000 to update and expand its definition of undue hardship for when a member’s estate may qualify for estate recovery to be waived by MassHealth. These regulations take effect on May 14, 2021. The regulation changes include:

  • During the COVID-19 Public Health Emergency, MassHealth stopped filing estate recovery claims on probate estates valued at $25,000 or less. This change will be made permanent with this regulation update.
  • An expansion of the existing criteria for undue hardship
  • Eliminates the requirement that the waiver is conditional for a two-year period. Previously, MassHealth waived its estate recovery claim if at the end of the two-year conditional period all criteria and circumstances for the waiver were still met. These amendments eliminate the conditional period and MassHealth will waive recovery upon its initial determination that the criteria and circumstances for the waiver are met.
  • The creation of two new hardship waivers of estate recovery due to undue hardship – Care Provided Hardship Waiver and Income-Based Hardship Waiver.

Care Provided Hardship Waiver
MassHealth will waive its estate recovery claim upon application by the personal representative or public administrator of the estate and a determination that the following criteria are met:
(1) the heir resided in the home for two years prior to member’s admission to an institution or death;
(2) during that time, the member needed and the heir provided a level of care that avoided the member’s admission to a facility;
(3) the heir continues to live in the home at the time the notice of claim is filed;
(4) the heir was left an interest in the property under the member’s will, inherited the property under laws of intestacy, or the member’s legal title or interest otherwise passes to the heir by operation of law;
(5) the sale of the property is required to satisfy the claim; and, (6) the heir is not being forced to sell the property by other devisees or heirs.

Income-Based Hardship Waiver
The personal representative or public administrator of a member’s estate may apply for a waiver of estate recovery due to financial hardship based on the income of heir(s) who inherited an interest in the member’s estate. If MassHealth determines that the family group of the heir(s) had a gross income below 400% of the federal poverty level for two years prior to the date of the MassHealth notice of claim being filed, MassHealth will waive recovery in an amount equal to the value of each qualifying heir’s interest in the estate up to a maximum of $50,000 per qualifying heir. If there is more than one qualifying heir in an estate, the total amount of the waived amount will be limited to a total of $100,000.

Two new forms were created for estate recovery hardship waivers and are available at www.mass.gov/estaterecovery .

  • MassHealth Estate Recovery Hardship Waiver Request Form (ERWA)
    • Must be completed to request a waiver for one of the three hardship waivers.
  • MassHealth Estate Recovery Application Form for Exemption of Certain Assets for American Indians and Alaska Natives (ERWNA1)
    • Must be completed to inform MassHealth when the AI/AN estate recovery exemption applies.

Throughout the month of May, MassHealth will notify the following members who are subject to estate recovery of the new estate recovery requirements and exceptions:

  • Members 55 or older; and
  • Members of any age, who are in a long-term care or other medical facility for at least 30 consecutive days.

To learn more and review the MassHealth Estate Recovery FAQ, go to www.mass.gov/estaterecovery. MassHealth members with questions about Estate Recovery can call MassHealth at 1-800-841-2900 (TTY: (800) 497-4648).

- From: MassHealth Estate Recovery, Massachusetts Health Care Training Forum, May 14, 2021 and MassHealth Eligibility Letter 238 May 14, 2021.

 

Policy & Social Issues

 

Massachusetts Lawmakers Scramble to Make Pandemic Protections Permanent as State of Emergency End Nears

Gov. Charlie Baker will end the state of emergency on June 15. Legislative leaders have asked the Baker administration for a full list of emergency regulations that will be affected by Monday’s announcements and in a statement from their offices said they “look forward to working together with the Baker Administration as we seek to provide a seamless transition out of the State of Emergency and back to ‘new normal.'”

A Department of Public Utilities moratorium on residential gas, electric, and water utility shutoffs ends July 1.

Eviction protections including a change in court processes and requiring landlords to provide tenants with additional documentation expire 45 days after the emergency ends.

Pandemic-era mandates have already started to whittle their way into permanency. A sweeping telehealth bill passed last session by lawmakers and signed into law earlier this year made permanent access to virtual medical appointments and other reforms enacted via executive order amid the pandemic. But how much patients end up paying remains another open question: Insurers can up costs on telehealth visits — now billed at the same price as in-person — two years after the emergency expires. Prices on other services can change 90 days after the state of emergency ends.

Hair stylists, Uber drivers, food service workers and hundreds of thousands of other self-employed people don't have a safety net if they are laid off because they're ineligible for traditional unemployment benefits.

During the pandemic, those workers have been thrown a lifeline by federal programs that help independent contractors idled by measures to prevent spread of COVID-19. But those benefits end in September.

A proposal filed by Sen. Barry Finegold, D-Andover, seeks to ensure that "gig economy" workers and other independent contractors have access to state unemployment benefits long after the pandemic subsides.

Under the plan, contractors employing 100 or more people would be required to pay into the state's Unemployment Insurance Trust Fund, which covers jobless benefits.

Workers who are laid off during a declared state of emergency would be eligible to receive up to half of their average weekly wages, under Finegold's plan.

To qualify, workers must have been employed at the company for at least three-quarters of the previous year. The plan also includes a work search requirement obligating workers to look for new jobs while they're getting benefits.

While the changes are aimed at ride-hailing drivers, Finegold said they would benefit any workers who don't qualify for traditional state unemployment.

- See the full Eagle Tribute story and the full Boston Herald article.

 

 

Biden Administration Prohibits Health Care Discrimination on Basis of Sexual Orientation or Gender Identity

This week, the Department of Health and Human Services Office for Civil Rights announced that a ban on sex discrimination in health care includes a ban on discrimination on the basis of sexual orientation or gender identity. This is a reversal of a Trump-era policy, bringing the Biden administration more in line with a recent Supreme Court decision and the initial interpretation of the statute.

In 2019, the Trump administration proposed a rule that, among other harmful changes, sought to eliminate regulatory prohibitions on discrimination based on gender identity, as well as specific health insurance coverage protections for transgender individuals. The rule could not touch the underlying Health Care Rights Law—Section 1557 of the Affordable Care Act—but it threatened to remove some avenues for relief and put the dignity and access to care for LGBTQ+ individuals at risk. Medicare Rights strongly objected to the proposed changes.

- From: Biden Administration Prohibits Discrimination on Basis of Sexual Orientation or Gender Identity, Medicare Watch, The Medicare Rights Center, May 13, 2021.

 

 

Hundreds of Immigrants Who Need Long-Term Care Get Stuck in Hospitals Because of MassHealth Limits

Ed note: while situations like this are sadly all too familiar to us, it is heartening to see these issues getting some attention.

There's a patient in a hospital north of Worcester who shouldn't be there.

She's 75 years old and suffers from dementia. A Liberian immigrant, she should be in a skilled nursing facility. But she doesn't qualify for long-term care under the state's Medicaid program, MassHealth, because of her immigration status. To qualify for that coverage, she needs a green card.

Her name is Nora Ketter. She essentially lives at Clinton Hospital — part of the UMass Memorial Health system. She's been there for three years.

Ketter is among hundreds of immigrants who get stuck in Massachusetts hospitals in a typical year, according to industry advocates.

"She deserves better," said her sister, Georgia Dennis. "But what can I do? Sometimes I feel like I have tried everything I could."

'A Health Equity Issue And A Human Rights Issue'

The Massachusetts Health & Hospital Association estimates that in a typical year, several hundred immigrants end up stuck in Massachusetts hospitals, unable to move to nursing homes or rehabilitation facilities for long-term care because of immigration-related barriers to that coverage.

Some advocates say certain MassHealth rules are especially harmful to some elderly and disabled immigrant populations; specifically, the MassHealth Family Assistance plan, which Ketter is on, provides comprehensive coverage for medical services but doesn't cover the extended care so many people need later in life.

"It's absolutely a health equity issue and a human rights issue," said Andrew Cohen, senior supervising attorney at Health Law Advocates in Boston, who's worked on Ketter's case for more than three years. He calls it one of the most protracted cases he's handled involving an immigrant who doesn't qualify for long-term care.

Cohen and Dennis say UMass Memorial and its Clinton Hospital stepped up to fill the void, and the providers there love Ketter and take good care of her.

"The hospital here is absolutely doing the right thing," Cohen said. Even so, he fears Ketter has declined more quickly than she would have in a nursing home because the hospital doesn't have all the services she needs.

"They don't have the same kind of long-term supports that a skilled nursing facility would have for someone like her who has memory care issues," Cohen said. "They don't provide different kinds of programing to engage the residents. They're not set up to do that. She now is no longer able to walk."

Private insurers and Massachusetts residents also pay to finance that care, through surcharges on medical bills. And the state pays a share. The pooled system is known as the Health Safety Net; it covers essential services from hospitals and community health centers for the uninsured and underinsured. It can reimburse some costs for the stays of stuck patients waiting for discharge to long-term care, according to McHale. Care not reimbursed by the safety net is often classified by hospitals as charity care or written off as bad debt.

But not all immigrant patients who lack coverage for care in a nursing home or rehabilitation facility get to wait safely in a hospital. Attorney Andrew Cohen says hospitals sometimes discharge patients to shelters, or to family members ill-equipped to care for them. In extreme cases, hospitals send patients back to their home countries.

"It's more often than not that [these discharges are] not in the patients' best interest," he said.

Cohen believes MassHealth can and should do more for elderly and disabled immigrants like Ketter, who qualify for comprehensive medical care but not long-term care. Under federal law, Medicaid plans are required to cover long-term care in a skilled nursing facility or from home health aides. Immigrants in certain categories are barred from that coverage. Still, states have leeway to offer it through their Medicaid programs. Cohen says he and other advocates have been pushing MassHealth for several years to do so.

Other states have found a way, Cohen points out.

"New York and California, specifically, have laws that allow people in her circumstances to get this kind of care," he explained. "Massachusetts likes to think of itself as a health care innovator — and in so many ways it is. But in our commitment as a state to universal coverage, we really have left this population behind."

- See the full WBUR story.

 

 

MA Behind in Nursing Home Inspections

Nearly two-thirds of Massachusetts nursing homes that receive federal Medicaid and Medicare funding are lagging in required annual inspections — a number exceeded by only seven states.

Data from the U.S. Centers for Medicaid and Medicare Services shows at least 237 nursing homes and long-term care facilities in the state — or 63.7% of the total — are behind on their federal health and safety inspections by at least 18 months. The national average is 51.3%, according to the agency.

Those inspections lagged even before the pandemic, the data shows, but ground to a halt last year when the federal agency discontinued in-person visits to nursing homes as they were closed off to the public to help prevent spread of the coronavirus.

That meant that at a time when nursing homes were battling virus outbreaks, rigorous in-person federal inspections were slowed or halted, and families and elder advocates were cut off from visiting their loved ones to check on them.

In Massachusetts, about 60% of COVID-19 related deaths — more than 5,500 people — were among nursing homes residents, accounting for 1 in 6 people living in these long-term care facilities, according to the state Department of Public Health.

One of the state's most devastating outbreaks was at the 200-bed Holyoke Soldiers’ Home, which has been blamed for the deaths of 77 elderly veterans.

Advocates say the lack of federal and state scrutiny likely contributed to the high death toll in the state's nursing homes.

"There’s no question about it that the two are related," said Alison Weingartner, executive director of the group Massachusetts Advocates for Nursing Home Reform. "Nursing homes have been behind on inspections for years and the pandemic only made the situation worse."

Weingartner said about two-thirds of the state's nursing homes were cited for infection-control failures in the federal Medicare/Medicaid inspections over the past three years, which rank facilities based on a one-to-five star rating.

"In some cases we're talking about basic sanitary practices like a lack of hand washing," she said. "And this was prior to the pandemic."

To be sure, the Department of Public Health said it regularly sends inspectors to the facilities to ensure that they meet COVID-19 infection control standards. The agency says that despite the COVID-19 restrictions it conducted more than 3,000 infection control audits and surveys of nursing homes last year.

"DPH has since resumed routine surveys and is continuing to visit nursing homes on behalf of CMS, working through the delay caused by the required suspension of recertification surveys," the agency said in a statement.

But the federal inspections — which are also conducted by the state health department — are a more extensive review of nursing homes. Medical experts often spend several days at nursing homes observing, interviewing staff and patients, and reviewing records before ranking a facility.

Besides family members and federal inspectors, COVID-19 restrictions also kept about 300 ombudsmen under contract with the state Office of Elder Affairs from entering nursing homes to conduct spot checks or follow up on complaints.

Weingartner said that meant "one less set of eyes" keeping watch on vulnerable residents during the pandemic.

"If you don’t have the family members or the ombudsman coming in to visit them, there’s a potential for neglect that won’t be witnessed," she said.

Meanwhile, nursing homes and hospitals are shielded from legal liability for COVID-19-related deaths under an executive order signed by Gov. Charlie Baker last year.

- See the full Salem News article.