MGH Community News

August 2021
Volume 25 • Issue 8

Highlights

Sections


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

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

 

Supreme Court Ends Biden’s Eviction Moratorium

The Supreme Court on August 26, 2021, rejected the Biden administration’s latest moratorium on evictions, ending a political and legal dispute during a public health crisis in which the administration’s shifting positions had subjected it to criticism from adversaries and allies alike.

The decision puts hundreds of thousands of tenants at risk of losing shelter, while the administration struggles to speed the flow of billions of dollars in federal funding to people who are behind in rent because of the coronavirus pandemic and its associated economic hardship. Only about $5.1 billion of the $46.5 billion in aid had been disbursed by the end of July, according to figures released on Wednesday, as bureaucratic delays at the state and local levels snarled payouts.

MA Protections
Under a recently enacted MA law, courts should offer temporary continuances to tenants who are unable to pay rent due to COVID-19-related financial hardship and who have filed applications for rental assistasnce (e.g., RAFT, ERAP), while the application is pending. This law is effective until April 2022.

Key Resources

- See the full New York Times article (additional material added).

 

 

Unemployment Cliff Approaching

Hundreds of thousands of jobless workers in Massachusetts face the edge of a cliff as federal unemployment programs are set to expire on Labor Day.

Three pandemic-related unemployment benefits including a $300 weekly payment, expire on Sept. 6, and Congress hasn’t indicated it will extend the programs

 

  • Pandemic Unemployment Assistance (PUA), which allows traditionally ineligible workers (including gig workers) and others who lost work due to COVID-19 to receive aid. By definition, these workers are not eligible for any form of federal and state unemployment compensation, including many self-employed individuals and gig workers—and thus will be out of options once the PUA program ends.
  • Federal Pandemic Unemployment Compensation (FPUC), which provided $600 per week at first, and later $300 per week, to supplement the meager unemployment benefits amount provided by states—$334 per week on average—when the pandemic-induced jobs crisis erupted in spring 2020.
  • Pandemic Extended Unemployment Compensation (PEUC), which grants additional weeks of benefits to those who are still jobless when they exhaust their state benefits (which typically last twenty-six weeks). A share of workers on PEUC will be able to go back on traditional state unemployment benefits, but at a lower rate than before, if they have worked intermittently since they were first laid off in 2020.

Throughout the pandemic, workers exhausting PEUC benefits have been eligible for the Federal–State Extended Benefit program, which provides an additional thirteen to twenty weeks of benefits, but this program will be largely out of reach for jobless workers after September 6, 2021. While there are ten high-unemployment states currently eligible for this program, six of those ten states are participating only on the condition of receiving 100 percent federal funding. As of September 6, we predict that only Alaska, Connecticut, New Jersey, and New Mexico will be able to transition exhausting PEUC recipients onto EB, but with 50 percent state funding. Even in these states, not all workers exhausting PEUC in September will be able to go on to EB because some on PEUC now have already received EB earlier in the pandemic.

Under current legislation, FPUC, PEUC, and PUA benefits can be paid through the week ending September 5, 2021, but after that, all of this federal assistance will be cut off on September 6, with no grace period. Furthermore, in an unprecedented turn of events, twenty-six states announced that they would end these 100 percent federally paid benefits early. This controversial move—already ruled to be in violation of state law in three states (Arkansas, Indiana, and Maryland)3 and subject to ongoing litigation in other states—has somewhat distracted the nation’s attention from the far larger impact of the looming benefits cliff coming in September, which will affect all states.

 “It’s going to be terrible,” said Monica Halas, lead staff attorney with Greater Boston Legal Services, which works with low-income workers receiving jobless benefits. “There are a lot of people out there who can’t return to the workforce right now, either because they can’t find child care or have health concerns.”

Salas said people losing jobless benefits have options, from food stamps and cash assistance to a program that extends state unemployment for those who retrain to work in a new industry.

Gov. Charlie Baker has filed legislation that would allocate $240 million in pandemic relief funding for job training programs to support workers losing benefits next month.
The state’s unemployment rate, which at 16.4% last spring was among the highest in the country, dropped to 4.9% in June, according to state data.

Connecting to Other Public Benefits

  • SNAP  States need to make sure that workers exhausting jobless benefits are connected to other forms of income support. The end of unemployment benefits could make hundreds of thousands of individuals newly eligible for SNAP benefits—and/or eligible for a higher monthly allotment—due to their sharp drop in income. The Century Foundation is calling on states to provide clear information to unemployment insurance exhaustees about how to apply for benefits, and wherever possible, should do proactive outreach. In addition, states should be encouraged to take full advantage of state flexibility to waive harsh rules that limit unemployed workers classified as Able-Bodied Adults Without Dependents (ABAWDs) to just three months of SNAP benefits in any three-year period.
  • Rental assistance. Unemployment benefit recipients are eligible for federal rental assistance, for both back and forward rent for up to eighteen months. State rental assistance programs have been plagued by delays, but the end of unemployment benefits and the expiration of the eviction moratorium have raised the stakes for further improvements.
  • Health care. The American Rescue Plan Act took several steps to make health insurance more accessible during the COVID-19 pandemic, including those unemployed who lost health insurance. ARPA broadened eligibility for ACA Marketplace subsidies for individuals who previously did not qualify for subsidized health insurance, as well as enhancing existing subsidies for individuals with lower incomes. In addition, the Biden–Harris administration’s creation of a special enrollment period (SEP) has allowed over one million people to sign up for coverage so far. ARPA created new financial incentives for states to expand Medicaid as well, crucial to closing a coverage gap that disproportionately affects people of color. Some individuals may become newly eligible for Medicaid benefits when their unemployment benefits run out, and causes their family income to drop below the poverty threshold.

Help Spread the Word

Share the New Mass Law Reform Institute (MLRI) and Greater Boston Legal Services (GBLS) flyer You may be able to get SNAP and TAFDC, available in multiple languages.

Sources and for More Information:

 

Pandemic Relief Money for 14-26 Year-Olds Involved with Foster Care – Sept Deadline for 22 and Over

For a young adult who has aged out of the foster care system, $3,200 can mean the ability to put a deposit on an apartment, purchase car insurance, or buy textbooks. Millions of dollars in federal pandemic aid are earmarked to provide exactly that sort of assistance – but advocates worry that a good chunk of it may never find its way to those it is meant to help.  

Massachusetts has gotten $7.9 million from the federal government for direct assistance to help current and former foster children recover from the pandemic. Yet finding those young adults who are no longer tied to the system is a challenge, and it is also now a race against time. If the Department of Children and Families cannot identify and pay them by the end of September, many individuals will lose eligibility. So far, it looks like DCF has awarded money to just a fraction of those who should be able to benefit. 

DCF has until September 30, 2022, to pay the money to kids currently in foster care or who are under 23 but still receiving services. But for the hardest to reach group – the 23 to 26-year-olds who are no longer getting state services – the federal government imposed a deadline of September 30, 2021, for relief payments. Note: applications must be PROCESSED by that date. National child welfare advocates want Congress to extend the deadline, but lawmakers have not yet acted. 

The money must be tied to specific expenses, so a young person must apply with a particular need, like rent payments, utility bills, transportation, or technology. 

The money comes from a federal budget bill passed last December. The $7.9 million for DCF is part of a $400 appropriation nationally given to the federal Chafee Foster Care Independent Living Program, which helps foster children transition to adulthood. 

Under the bill, states were prohibited from letting kids age out of foster care during the pandemic. The bill also allocated money to distribute to older kids in foster care and to former foster children who aged out of the system but are still under age 26. The funding is unusual because it helps young adults who have left state care. But their status also makes it harder to find these individuals, since they no longer get state services. 

Some advocates say DCF may not be doing enough to reach these young adults, and they question how applications are being considered and money is being distributed. 

“I’m upset about the fact that this money is intended to be flexible, generous, and life changing,” said Anne Baeder Martin, an attorney who specializes in juvenile law and is executive director of the nonprofit One Can Help, which provides resources to underserved families and foster children. “It’s being given out parsimoniously and without a clear plan about how the money is going to be provided and how life enriching it can be.”  

According to DCF, the agency has paid out almost $1.1 million to 339 young adults ages 18 to 26 who aged out of foster care and are no longer involved with the department. That works out to an average of around $3,200 per person. It paid another $1.1 million to 753 youth and young adults still in foster care (including those who turned 18 but are still receiving services), an average of $1,460 per person. It spent $839,000 on one-time $1,000 payments to young adults ages 18 to 22 who remain involved with DCF and live independently while attending school or working. 

Baeder Martin said she has not seen a transparent, standardized system with clear criteria for distributing the grants. She called it a “slow process” where social workers and advocates are “not able to find out what’s going on behind that curtain.” 

Baeder Martin has one client who is pregnant and attending community college but living in a location without public transportation in a less-than-ideal building. The young woman was approved for $800 for a ride service – although she has not yet gotten the money – but also she requested money for driving lessons, a car, moving costs, and a security deposit on a new apartment and has not heard back.  

“This is a chance to do big things,” Baeder Martin said. She worries DCF is taking a “Band-Aid approach” and giving out small amounts. 

What You Can Do

Advocates can assist by sharing the flyers and encouraging eligible youth/young adults to apply.

To Apply

Call (or email) Adrienne Young at The Judge Baker'sChildren Center: (857) 285-4121 orayoung@jbcc.harvard.edu

- See the full Commonwealth Magazine article.

MA Attorney General Child Tax Credit Flyers Available in 4 Languages

Learn more about the Child Tax Credit, including what to do if a debt collector tries to garnish your monthly payments or someone contacts you to ask for your personal information. These multilingual flyers from the Attorney General's Office also explain how much money you may receive and what you need to do, if anything, to get the payments.

Download the fact sheet in English, Portuguese, Spanish and Chinese.

Excerpts:

  • Do I have to do anything to receive the monthly payments? The Child Tax Credit should be deposited into your bank account or sent as a check or debit card in the mail automatically unless the IRS does not have your complete information. If you have not filed 2019 or 2020 taxes or provided the IRS your information to receive a stimulus check in 2020, then the IRS will not know where to send the money. However, you may still qualify. You can find more information here: bit.ly/signup-ctc.
  • If I believe I am eligible for the payments but haven’t received them, where can I go for help? You can find more information, including a tool to check your eligibility, here: bit.ly/eligible-ctc. For more help, you can find tax assistance resources here: bit.ly/taxhelpma.
  • What if I don’t have a Social Security Number but my child does? If your child has a Social Security Number, all you need is an Individual Taxpayer Identification Number (ITIN). If you don’t already have an ITIN, you can find information and an application form here: bit.ly/apply-itn. Getting Child Tax Credit payments does not impact your immigration status or the status of people you live with.
  • What should I do if a debt collector tries to garnish my Child Tax Credit payment? The Child Tax Credit payment is off limits to debt collectors. The AG’s guidance to debt collectors, which you can share with debt collection agencies or a court if necessary, is here: mass.gov/doc/ag-guidance-for-child-tax-credit-payments. If a debt collector tries to take your Child Tax Credit payment, you can call the Massachusetts Attorney General’s Office at 617-727-8400 or file a complaint www.mass.gov/ago/consumercomplaint.
  • Will the IRS or anyone else call me for my Social Security Number or other information in order for me to receive the Child Tax Credit? The IRS will not contact you by phone, email, or text for your Social Security Number or other information. If someone contacts you, do not talk with them or give them information.

- See the full Fact Sheet, available in multiple languages.

LIHEAP Recipients to Receive Significant Supplement Payments

Massachusetts has received supplemental LIHEAP crisis funds through the American Rescue Plan Act of 2021. It is expected that these funds will be distributed to FY21 LIHEAP eligible households by the end of September, and you may be able to use this information to help your clients avoid termination by assuring companies that these funds are on the way.

Program Basics:

  • How is the award amount determined? 1) income level; 2) non-subsidized vs subsidized living situation; and 3) utility account on record vs no utility account on record.
  • How are funds allocated? Benefits will either take the form of 1) an automatic payment to the utility account(s) on file (if there are two accounts on file, then the payment will be split equally between both accounts), or 2) a direct payment to household if no account is on file (i.e. those where heating costs are included in rent).
  • How much could eligible households receive? A non-subsidized household with an account on record could receive between $600 and $1,000. A household that is subsidized, is without a utility account on record, or has utilities included in rent could receive between $300 and $700.
  • How will funds be applied? The funds will first be used to pay off arrearages. Then, any additional funds will be applied as a credit to the customer’s account to go towards future bills.

See the: Updated benefits chart and the DHCD LIHEAP Supplemental Benefit Memo

Additionally, a reminder that the National Consumer Law Center (NCLC) is here to support you as you assist your clients. Advocates are welcome to direct questions on behalf of their clients to stayconnected@nclc.org.

- From Supplemental LIHEAP Information, Stay Connected, Anna Kowanko, NCLC, August 23, 2021.

Emergency Rental Assistance Program (ERAP) Update and Policy Clarifications

The MA Department of Housing and Community Development (DHCD) this month hosted an Emergency Rental Assistance Program (ERAP) update training highlighting key reminders, updates and clarifications.

ERAP Reminders  

Unlike the state’s Rental Assistance for Families in Transition (RAFT) homelessness prevention funds, the federally-funded ERAP program requires the housing emergency be directly or indirectly linked to COVID. At this time, RAFT funds are being reserved for households with non-COVID related housing emergencies. ERAP also allows those with higher income than allowed under RAFT to qualify. (Renters applying for ERAP may earn up to 80% of Area Median Income (AMI). For comparison, the RAFT income eligibility limit is 50% AMI or 60% AMI in Domestic Violence cases.)

COVID Impact May be Indirect

DHCD is issuing new language to clarify that COVID impact may be direct or indirect. The following new language is on DHCD websites and will be part of a forthcoming central application (not yet available):
COVID-19 impact can be indirect. When applying for assistance, please select Yes if your situation was either directly caused by COVID-19 OR has become worse since March 2020. This could include losing a job, having hours reduced, losing access to childcare or dependent care, seeing increased expenses, or something else. You must describe your situation, but documentation is not required.

Benefits

There is no dollar cap on ERAP, but households cannot receive more than the monthly rent amount for any month. ERAP provides a maximum of 18 months’ worth of assistance, including “stipends” for FUTURE rent in 3 month increments. Rent arrearages (over due rent) may be for months after March 13, 2020 and for up to 18 months. At least a portion of arrears must be paid before an applicant can receive future rent (stipends). Tenants will need to recertify need at the end of every 3-month period for additional stipend payments. Tenants with income-based subsidies are not eligible for stipends.

ERAP May Be Used for Other Expenses
 

  • Utility Assistance- ERAP may be used for utility assistance (gas, electricity, water/sewer)  up to a maximum of $2, 500 for arrearages (after March 13, 2020) or one delivery of tenant-paid heating fuel such as oil, propane or wood pellets.
  • Moving Related Expenses – first and last month’s rent, security deposits, moving trucks and furniture payments up to $1,000.

Direct Payment to Tenant Policy If Landlord Isn’t Cooperating

One significant barrier to receiving ERAP payments are landlords who refuse to participate in the process. Sine June 28, 2021, ERAP may offer direct payments to tenants if the landlord is unresponsive, fails to cooperate by providing required documentation or refuses in writing to participate. The Regional Administrating Agency (RAA) and the Rental Assistance Processing (RAP) center must attempt to pay the landlord before authorizing direct tenant payments and must follow specific guidelines.

Tenant payments must be made when the landlord:

  • Is non-responsive or fails to provide required documentation after 7 days to a letter sent via certified US mail with return receipt requested
  • Is non-responsive or fails to provide required documentation in response to 3 phone, email or text messaging attempts over 5 days OR
  • Confirms in writing that they are refusing to participate in a rental assistance application

Arrears payments to tenants are limited to a maximum of $15,000. If arrears exceed $15,000 ERAP will only cover 100% of arrears if payment is made to the landlord.

If landlord ever accepts- then that payment process would proceed vs. the  direct to tenant process.

Direct to tenant payments require a face-to-face meeting (virtual or in person) before funds may be issued.

If the landlord notifies the RAA that the tenant did not make a payment the RAA will send a Termination of Benefits assistance letter. Tenants have 7 days to repair by either returning the payment, or showing proof payment was made. If payments still aren’t made the tenant may be evicted and referred to courts for civil or criminal penalties. Tenants can request an administrative review from DHCD if there is a discrepancy.

Q&A

Under new MA Law, if the court is aware that you’ve applied for rental assist- you cannot be evicted until it is determined whether you are eligible for that assistance.

Roommates or sublets-- RAAs need to hear from landlord that they are aware of the roommate situation and the landlord will participate. Unfortunately, at this time, RAAs cannot pay a primary tenant; payment has to go to landlord or as above, in the case of an uncooperative landlord, the tenant applying.

How to show proof of housing if no lease? Any verification of tenancy is acceptable. Under ERAP there is a federal requirement to count the number of months someone is getting, so tenants must document months the arrearage is for. Documentation can be as simple as a landlord writing an email saying the amounts owed for each month.

If a Tenant at Will- copy of tenancy at will agreement, if verbal agreement can just be a letter or email from the landlord, including address, rent, etc.

How long does approval take? Average is about 6 weeks, but they are working to improve processing times. Whenever possible submit applications fully complete – helps a lot; if so, can be approved within a week.

Applications- hope to create a central application in future (being piloted) – will flag for the appropriate RAA.

Sources and for More Information

Download the session materials and webinar session recording.  Additional materials on ERAP can be found on the Service Organization Training page. Additionally, ERAP promotional materials and a summary of how to submit a complete application can be found on the Public Information Campaign Portal

TAFDC and EAEDC Increases and One-Time Bonuses

The Mass Department of Transitional Assistance (DTA administers) both SNAP and critical cash assistance benefits for low-income families with kids and certain older adults and persons with disabilities. Due to advocacy efforts ot he Lift Our Kids campaign during the FY22 state budget process, there is a 20% increase in the monthly TAFDC and EAEDC grants.

Additionally, this month, the Baker Administration is issuing a one-time special ARPA-funded TAFDC payment of $665 per child/pregnant woman for roughly 42K children and pregnant women who receive TAFDC.

For more information see DTA’s Summer Advisory.

- From AGENDA for Tomorrow's SNAP Coalition Meeting; Cash Benefits , SNAP and P-EBT Updates, Pat Baker, MLRI, August 9, 2021.

 

TAFDC Income Eligibility Increases for September Only Due to the Clothing Allowance

Every year families who receive TAFDC get a special clothing allowance payment, currently $350 per child. For the month of September, the Department of Transitional Assistance (DTA) increases the income eligibility limits and payment standards for the TAFDC program. 

This means that many low-income working families that normally are income-ineligible for TAFDC benefits will become eligible for the clothing allowance. Although these families will not receive cash benefits, they may be able to receive subsidized child care in addition to the clothing allowance.

Families participating in the TAFDC program will receive an additional $350 per eligible child.

INELIGIBILE children include children who are:

  • Age 19 and older;
  • Receiving Supplemental Security Income (SSI); and/or
  • Undocumented immigrants.

How Are Benefits Paid?
Families already enrolled in TAFDC automatically will receive the clothing allowance payment for each eligible child. For September applicants, DTA will provide the full $350/child clothing allowance, even if the family applies after September 1st or only is eligible for part of the month. (The benefit will NOT be prorated as it was in years past.)

Impact on SNAP Benefits

The clothing allowance benefit is NOT considered income under Supplemental Nutrition Assistance Program (SNAP) rules.

For More Information

 

Summer P-EBT for Families Who Apply for Free or Reduced-Price Meals By 9/8

Families who apply for free or reduced-price meal status this fall by September 8th who did not previously receive P-EBT can get retroactive P-EBT for July and August!  While all K-12 schools will be providing free school meals this fall, families who fill out a National School Lunch Program (NSLP) by September 8th will get retroactive summer P-EBT benefits as well. This may not be intuitive since school meals are free, so please make sure families know about this!

- From AGENDA for Tomorrow's SNAP Coalition Meeting; Cash Benefits , SNAP and P-EBT Updates, Pat Baker, MLRI, August 9, 2021.

Food Stamp Benefits to Increase by More Than 25 Percent in October

President Joe Biden’s administration has approved a significant and permanent increase in the levels of food aid available to needy families — the largest single increase in the program’s history.

Starting in October, average benefits for food stamps — officially known as the Supplemental Nutrition Assistance Program, or SNAP — will rise more than 25 percent above pre-pandemic levels. The increased assistance will be available indefinitely to all 42 million SNAP beneficiaries.

The increase coincides with the end of a 15 percent boost in SNAP benefits that was ordered as a pandemic protection measure. That benefit expires at the end of September.

The aid boost is being packaged a major revision to the USDA's Thrifty Food Plan, which estimates the cost to purchase groceries for a family of four and guides the way the government calculates benefits. In practical terms, the average monthly per-person benefits for qualified recipients will rise from $121 to $157.

The increase is projected to cost an additional $20 billion per year, but it won't have to be approved by Congress. A farm law passed in 2018 by the then-GOP led Congress and signed by former President Donald Trump already directed the department to reassess the Thrifty Food Plan.

- See the full Boston Globe article.

 

Know Your Rights: Renting an Apartment in Greater Boston

Whether you're apartment hunting, preparing to move or renewing your lease, here's what you should know about your tenant rights.

Make Sure It's Up To Code

Under the state sanitary code, every unit must include at least 150 square feet of space for its first tenant, plus 100 feet for every additional tenant.There are also requirements for windows, floor space, bathrooms, lights, stairways, trash, septic systems and more. For example, every unit must have at least one electrical fixture, two outlets and a bathroom complete with a toilet, bathtub or shower, and sink. If a building has more than three units, trash barrels must be provided to you. You can review more requirements for habitable rooms here. You should not sign a lease for an apartment that is not up to code.

What to Know About Move-In Fees

Most landlords in Greater Boston require new tenants to pay first and last month's rent, along with a security deposit. That can add up to a large sum. You should know what fees are standard before you agree to pay anything:

Broker's Fee

Some landlords also ask tenants to pay a broker's fee, which only can be charged by a licensed real estate broker or salesperson. Adam Hoole, a paralegal in Greater Boston Legal Services' housing unit, recommends tenants attempt to negotiate with their landlords to pay some or all of this fee.

"I don't think it could hurt to try to negotiate with the broker and the landlord to see if the landlord could pay half, because really this is a service that the landlord is opting into using and so it's common sense to say they should pay some portion of," Hoole said.

Security Deposits

Under Massachusetts law, landlords cannot require a security deposit that exceeds one month's rent. By law, landlords must keep your security deposit in a separate, interest-bearing account in a Massachusetts bank. Information about where the deposit is being kept and how much interest it accrues should be shared with the tenant.

If you aren't given notice of where the money is deposited within 30 days, the landlord loses the right to keep it. You can request it back, and it must immediately be returned to you.

After your tenancy ends, the landlord has 30 days to either return your deposit in full or give you a detailed list of damages. Reasonable wear and tear, like routine cleaning, painting or replacing the locks, are not reasons to withhold a security deposit. Neither is damage caused by previous tenants that already existed.

What You Can't Be Charged For

If a landlord or broker attempts to tack on additional fees, know that they may not be legal. According to the City of Boston, it is illegal for landlords to charge fees for an application, for holding the apartment or for running a credit check. Again, unless the owner is a licensed broker, they cannot charge a broker's fee.

Read Your Lease Carefully

Although it may seem tedious, read your lease all the way through before signing it. A lease is a legal contract, and it is in your best interest to understand the terms you're agreeing to so that you can address problems early or have the knowledge needed to settle disputes down the line.

Look For Clauses That May Be Illegal

Hoole said the biggest thing to look out for are any clauses that ask tenants to waive their rights. "This year, I saw leases that had clauses in them where the landlord would say you have to essentially waive your right to eviction proceedings in court," Hoole said, "and that if you were to not pay your rent, they could just move you out themselves without any notice and without involving the courts."

In Massachusetts, you can only be evicted by a court after legal proceedings, making a clause like that blatantly illegal.

Upkeep And Repairs

Landlords are required by law to make necessary repairs in a reasonable amount of time, and maintain a safe and healthy living environment for tenants. Do not sign a lease that states tenants are responsible for repairs, aside from damage explicitly caused by a tenant.

In the city of Boston, it is also a property owner's responsibility to clear snow and ice in the winter from the front of the building. However, this responsibility can be passed on to a tenant in a lease. If your lease includes a clause like this, Hoole said, you can attempt to negotiate it out.

Utility Costs

Be sure you know which utility costs you will be responsible for paying. Hoole noted that if a tenant is billed for water or electricity, each apartment unit must be submetered — meaning that tenants pay for their individual usage, not the whole building.

Additionally, in order for a landlord to charge a tenant for water, they must have low-flow water conservation devices installed and proper documentation of the corresponding certification.

Notice Of Entry

Under state law, landlords can enter your apartment for certain purposes, such as to make repairs — but proper notice should be given. The law does not outline a set time frame, but says "reasonable notice" is required. Inspecting conditions or showing the apartment to prospective tenants are also valid reasons for entry. There are exceptions in an emergency situation, such as a water leak, for which landlords could enter without notice.

Document Conditions Upon Move-In

Landlords will often provide tenants with a conditions form upon move-in. If your landlord does not, you can print your own here and return it to your landlord. Hoole recommends tenants also take photos of any damages and email them to the landlord so they can be resolved quickly. This also ensures you'll have records to check and show in case you're charged for damage you didn't cause.

The conditions form and photos could protect you from losing your security deposit. At the end of your tenancy, a landlord can only withhold your money for damage that goes beyond normal wear and tear — for instance, routine painting or carpet shampooing are to be expected.

Negotiating Your Lease

Negotiating with landlords can be difficult, especially when competition for apartments is high. Use discretion, but know that you are protected in standing up for your rights. "I would say negotiation is tricky ... [Landlords are] not really, in most circumstances, obligated to rent to you," Hoole said. "It's sort of toeing the line between how much concessions can you get before you just actually lose the offer of the apartment." If you do decide to negotiate, it is best to get everything you and your landlord agree upon in writing, with signatures. For example, if you spot a clause in the lease that is unsound and you negotiate with your landlord to remove it, that can be done by merely striking it out and having both parties initial beside it.

When To Call Inspectional Services

If your apartment poses a potential health or safety risk or simply isn't up to code, you should always try to resolve it with your landlord or property management company first. If they aren't being responsive, try notifying them in writing. Keep records of all correspondence made regarding the issue.

If it still hasn't been corrected, you may want to consider calling your town or city's inspectional services department to request an inspection. An inspector can examine the property and determine whether it violates state code. Make sure you receive a copy of the report after an inspection.

If violations are still not corrected after the report is made, it could be grounds to take your landlord to court. Contact your local inspections department for more information. For Boston, the number is 617-635-5322.

When To Withhold Rent 

If your landlord is not upholding their end of the deal, there are certain situations where you may consider withholding rent.

You may withhold rent if you have requested repairs and

  • you have appealed to your landlord in writing;
  • your local health board has found code violations and notified your landlord;
  • or you did not cause the problem and the conditions don't require you to vacate the apartment for repairs.

Once necessary repairs are made, you will be required to pay the rent you withheld. You can read more about the situations that would make this legal under state law here.

Additional Resources

If you need more help, there are some resources available to tenants regarding housing issues:

- See the full WBUR article.

 

Social Security Adds 12 New Compassionate Allowances conditions

Kilolo Kijakazi, Acting Commissioner of Social Security, this month announced 12 new Compassionate Allowances conditions: Charlevoix Saguenay Spastic Ataxia (ARSACS), Choroid Plexus Carcinoma, CIC-rearranged Sarcoma, Congenital Zika Syndrome, Desmoplastic Mesothelioma, Duchenne Muscular Dystrophy – Adult, Pericardial Mesothelioma, Refractory Hodgkin Lymphoma, Renpenning Syndrome, SCN8A Related Epilepsy with Encephalopathy, SYNGAP1-related NSID, and Taybi-Linder Syndrome. Compassionate Allowances is an initiative that quickly identifies severe medical conditions and diseases that meet Social Security’s standards for disability benefits.

“Everyone who is eligible for benefits under the programs we administer should receive them,” said Acting Commissioner Kijakazi. “Our Compassionate Allowances program helps us address barriers by helping accelerate the disability application process for people who are likely to get approved for benefits due to the severity of their medical condition.”

The Compassionate Allowances program quickly identifies claims where the applicant’s condition or disease clearly meets Social Security’s statutory standard for disability. Due to the severe nature of many of these conditions, these claims are often allowed based on medical confirmation of the diagnosis (without additional disability determination steps); for example, certain cancers, amyotrophic lateral sclerosis (ALS), and a number of rare disorders that affect children.

When a person applies for disability benefits, Social Security must obtain medical records in order to make an accurate determination. The agency incorporates leading technology to identify potential Compassionate Allowances cases and make quick decisions.

For more information about the program, including a list of all Compassionate Allowances conditions, please visit www.socialsecurity.gov/compassionateallowances.
Please note that Compassionate Allowances speed up the disability determination process, but do NOT eliminate other eligibility criteria. Applicants must also qualify financially for SSI and by having “insured status” for SSDI. Compassionate Allowances do NOT eliminate the SSDI 5 month ineligibility/waiting period for benefits to begin.

- See the full SSA press release.

 

Education Department Will Erase Loans for Borrowers with Disabilities

The U.S. Education Department announced this month that it is discharging the outstanding student loans of more than 323,000 borrowers who have significant, permanent disabilities, and will remove barriers for borrowers who qualify for this relief in the future. The announcement will erase some $5.8 billion in debt and marks a significant step toward fixing a troubled debt relief program meant to help borrowers with disabilities.

NPR's reporting over the past two years has shown that a fraction of eligible borrowers have been getting the relief they're entitled to under the federal Total and Permanent Disability Discharge program, which dates back to 1965. In fact, many borrowers didn't know they were eligible at all.

The program is meant to wipe out the student loan debt of Americans who can no longer work due to a significant disability. But, until now, borrowers who qualified for the program had to apply for the relief. Now, relief will become automatic for those who are identified through a data match with the Social Security Administration. The next match is in September.

The department also said it will propose eliminating a significant hurdle for those borrowers who have been approved for loan discharge: a three-year income monitoring period, during which many people have seen their loans reinstated through no fault of their own.

The department said it will permanently stop sending requests to these borrowers for income information during this period — a decision it made temporarily during the pandemic — and will pursue doing away with the monitoring period entirely during upcoming negotiated rule-making.

Borrowers and advocates see this move as a first step toward fixing the discharge program. "This is a huge deal for the hundreds of thousands of borrowers who are entitled to this relief and frankly, it's very long overdue," said Persis Yu, a staff attorney at the National Consumer Law Center.

But "we also hope that the department will look at the eligibility criteria that it uses to determine when someone has a disability discharge," Yu added. Some borrowers with disabilities who should be getting loan discharges aren't identified in the Social Security Administration's match, Yu said.

- See the full WBUR story.

 

Nursing Facilities Settle After Allegations of Refusing Admissions to those Receiving Medication Assisted Treatment

The parent company of nine nursing homes in Massachusetts and Rhode Island — including Hathorne Hill in Danvers, Sutton Hill Center in North Andover and Academy Manor in Andover — has entered an agreement with federal prosecutors to resolve allegations that the homes refused to admit patients who were being treated for opioid addiction.

In the “voluntary resolution agreement,” released by the U.S. Attorney’s Office and the Department of Health and Human Services, Pennsylvania-based Genesis HealthCare admits no wrongdoing but has agreed to a series of measures to bring the facilities into compliance with the Americans with Disabilities Act, the Rehabilitation Act and the Affordable Care Act. Federal prosecutors in Massachusetts and Rhode Island began investigating after receiving complaints that patients who were receiving methadone or buprenorphine (Suboxone) treatment were being denied admission to Genesis facilities.

The two drugs are among those used for what is now known as medication-assisted treatment for opiate use disorder. Opiate use disorder is considered a disability under federal law.

The patients were seeking admission for treatment of other conditions.

“The ADA is the law of the land, and the ADA makes it illegal to discriminate against people with disabilities — including opioid use disorder,” said acting U.S. Attorney Nathaniel R. Mendell in a press release announcing the settlement. Genesis is the fourth skilled nursing facility operator in Massachusetts to settle allegations of denying admission to patients receiving opiate treatment.

In December, the Justice Department reached an agreement with Massachusetts-based Alliance Health and Human Services, which operates eight facilities, including nursing homes in Peabody and Marblehead, to settle similar allegations. Two other firms, Athena Health Care Systems, which operates Oxford Rehabilitation and Healthcare in Haverhill, and Charlwell House, which operates on the South Shore, also previously settled similar complaints.

- See the full Eagle Tribune article.

 

 

Program Highlights

 

Metro Housing Boston’s Specialized Intensive Programs and Services (SIPS)

MBHP’s Specialized Intensive Programs and Services (SIPS) team is comprised of case management specialists who work in Boston and 29 surrounding communities, offering individualized assistance to residents with complex housing barriers and service needs.

Intensive case management

Some clients come to MBHP with needs that require intensive levels of support. The personalized focus is pivotal in engaging clients and stabilizing them in their homes and communities.

SIPS staff helps participants navigate service systems to gain services such as:

  • Mental health and medical assistance.
  • Substance abuse resources.
  • Entitlement benefits.
  • Practical hands-on help with daily living skills.
  • Financial and legal advocacy.

To refer a client to the SIPS program, please complete and submit this SIPS Referral Form.

Fact Sheet: http://www.metrohousingboston.org/wp-content/uploads/2014/02/SIPS_Oct2015.pdf

For more information on SIPS, please email SIPS@MetroHousingBoston.org

 

Housing Navigator Website Launches

There are more than 150,000 units of subsidized and affordable housing in Massachusetts. But actually finding a low-cost place to live can be really, really hard. Now a consortium of affordable-housing advocates and operators is trying to make it a little easier.

A nonprofit called Housing Navigator Massachusetts launched this month what they say is the first comprehensive, searchable database of affordable housing in the state. It tracks some 160,000 units in 260 cities and towns, with plans to add more, a sort of Zillow for the lower-cost corners of the housing market.

The Navigator aims to help people figure it out. It includes a full list of public, subsidized, and tax-credit housing, with rents that are often tied to a percentage of a household’s income — often 30 percent — rather than a fixed amount.

Users can zone in on specific municipalities as well as filter by income and eligibility requirements, availability, and number of bedrooms. Clicking on individual listings then reveals photos, amenities, and a map of nearby transit stops, in addition to details on pet policies and wheelchair accessibility.

Key partners include MassHousing, Mass Housing Partnership, MA Department of Housing and Community Development (DHCD) and Mass Development. Moving forward, the DHCD has mandated Navigator participation for the roughly 2,000 newly developed affordable units it funds annually. This ensures our data will continue to be an up-to-date resource for all.

“For more market-rate rentals, there are abundant sites,” said executive director Jennifer Gilbert. “But there really hadn’t been a resource like that in Massachusetts for rentals that are more affordable. … People really didn’t have the information to choose where they might like to live.”

To build the list, Housing Navigator worked with affordable-housing developers and operators all over the state.

Compared to other states, Gilbert said, Massachusetts produces “a lot” of affordable housing, but Greater Boston remains among the top most expensive markets in the country, with many people struggling to pay rent. The Navigator will help, she said, but only so much.

“Up until now, a big barrier has been you simply couldn’t find [affordable housing],” Gilbert said. “But also, there’s just not enough. And so I never want to act like that’s not the No. 1 barrier.”

FAQs

See the Housing Navigator Help Center

- See the full Boston Globe article. Additional material from the website.

 

La Colaborativa Offering Twice Weekly Housing Rights Sessions

La Colaboativa in Chelsea (formerly the Chelsea Collaborative) is offering twice-weekly housing rights sessions at their  318 Broadway location.  Drop-in Tuesdays and Thursdays 4 pm to 6 pm for free information and advice.

- Thanks to Kristen Risley for sharing this resource to the MGH Outreach and Resource Navigation Group list.

MGH Care Coordination Synergy Page

With the increasing awareness of the importance of social determinants of health, we’ve witnessed the creation of a variety of care coordination and navigation programs. While this growth is exciting to see, it can now be complicated to understand the programs- who they serve, what they do and how to refer. Cue the new “Synergy” page on Apollo: https://apollo.massgeneral.org/medicaid-aco/

This site serves as a reference guide to workflows of various care coordination programs to help create synergy across patient care coordination programs that interface with Medicaid ACO patients at MGH.

Learn more: https://apollo.massgeneral.org/medicaid-aco/

- Congrats and thank you to Saja Alani and Kristen Risley and all who participated in this project.

One Family Inc. Offers Two Programs to Help Parents Achieve Their Career Goals

The Credential to Career (C2C) program at One Family Inc. is a free three-month program that helps parents identify a pathway to a career that pays a family-sustaining wage. The program includes group workshops and individual coaching sessions. At the end of the program, participants have a detailed, personal plan to achieve their career goals.

To be eligible for C2C, participants must:

Note: Participants do not need to be a citizen or a green card holder to be in the program, but they do need to be legally eligible to work in the United States.

To learn more about enrolling interested individuals can email: c2c@onefamilyinc.org

The One Family Scholars program provides individualized college, career, and financial coaching to low-income parents pursuing a college degree. Scholars also receive a scholarship that helps to offset both direct costs of college (tuition, fees) and indirect costs of college (books, supplies, and living expenses).

All applicants must be:

  • A single head of household (any gender) with dependent children under 18
  • Living with a family income level below 200% of the Federal Poverty Level (see chart)
  • Endorsed by a Community Partner (see website below) OR referred by two organizations
  • An entering or returning student at an approved accredited undergraduate institution in Massachusetts
  • A resident of Massachusetts and a United States citizen or Permanent Resident
  • Enrolled in a degree granting program track (either associate or bachelor’s) ass

To Apply: The Scholars application is typically open twice per year. Applications will be accepted October 4-29, 2021 for the Spring 2022 semester.

To Learn more about One Family Inc. and these programs visit: https://www.onefamilyinc.org/

- Thanks to Hannah Perry for contributing this article.

 

Equity-Focused Carshare Pilot Expands Access to Electric Vehicles: Good2Go

Good2Go is a new carshare program that launched in Boston earlier this year. Good2Go uses only electric vehicles, locates them in residential neighborhoods where a high proportion of households do not have cars, and makes the pricing and processes more accessible to low-income drivers. Currently, four vehicles are available at three sites in Roxbury and Jamaica Plain. Over the coming months, Good2Go plans to expand to eight vehicles in at least four locations, and hopes over time to expand to other parts of Massachusetts as well.

Ensuring that low-income drivers could access and benefit from the program was a priority from the beginning. Pricing is tiered, and residents can qualify for the reduced price if they are on MassHealth, receive a range of benefits such as SNAP or WIC, or demonstrate a low enough income. The discount rate requires a $20 application fee (that includes 4 free hours) and rentals are then $5 hour, which includes unlimited miles, insurance, EV charging and roadside assistance.

Drivers can access cars through a smartphone app or by calling a 24/7 bilingual call center. In addition to credit cards and debit cards, Good2Go accepts payment through a prepaid debit card, which allows drivers without a bank account to participate.

Good2Go came together through a collaboration of local and national partners including E4theFuture, the Massachusetts Clean Energy Center, Eversource, the City of Boston, the Metropolitan Area Planning Council, and Nuestra Comunidad Community Development Corporation, as well as Mobility Development, which had previous experience developing equity-oriented and electric carshare programs in upstate New York, Central California, and Los Angeles. Learn more from these articles in the Boston Globe and StreetsblogMASS.
https://evgood2go.org/contact-us/

Local drivers can sign up for Good2Go.

- From MassMobility - Issue 107, August 2021, HST (Human Services Transportation) Office, August 23, 2021 with additional material from the website.


New HARBOR location, Offering Prostituted People Shelter and a Place With ‘Access to Joy’

At a sprawling house in Worcester, now a one-stop-shop of programs to assist survivors of the sex trade, basic needs like a bed, food and a shower become easily accessible.

But there’s something else here that makes this emergency shelter and advocacy programming center different than others in the area: there’s a focus on joy.

“Everybody deserves to have access to joy, to experience joy in their life. If you don’t have the ability to experience joy then what is the point, right, if your whole life has been pain and violence and trauma and there’s no joy, you feel defeated and hopeless,” said Nikki Bell, the CEO of the nonprofit LIFT, which stands for Living in Freedom Together. “Life is hard but they’re reaching for those moments of joy and helping people to hold on to those things.”

LIFT, a survivor-led organization that seeks to create a community of support for prostituted people, has just celebrated the opening of its HARBOR program at this house at 316 Lincoln St. in Worcester.

HARBOR — which stands for healthcare, advocacy, room, board, outreach and rehousing — encompasses outreach and advocacy programs like the 15-bed emergency shelter, as well as the CATI and SISTER programs and youth programming including TYME (Transitional Youth Mentoring and Exiting) services.

Beyond the basic needs that the shelter provides, the survivors at LIFT want to give other women a chance to find themselves. They plan to have barbecues, do crafts and have a space for video games and coding. More than just fun, those activities have a purpose, Bell said. They teach grounding and offer women tools to use as they break free from the sex trade.

Karen Riley-McNary, LIFT’s vice president of outreach and advocacy, said the shelter focuses on housing women who cannot stay at other shelters for reasons like its hours, what they can or cannot bring inside, or because of the other people who stay there. At HARBOR, women will be able to lock their possessions in a locker, a departure from the searches that happen at other shelters. The key piece of HARBOR, Riley-McNary said, is the survivor-led programming.

From HARBOR, women will be able to find connections to other programs, including Jana’s Place. LIFT opened Jana’s Place in 2019, a home for 15 women, all exiting prostitution and recovering from substance use disorder with co-occurring mental health disorders.

LIFT plans to have a full and intense clinical program with services like dialectical behavior therapy on the third floor at HARBOR. There will be room for group and individual counseling sessions, services that are not easy to find for women in need.

“I think part of the reason that survivors aren’t able to access the resources in the community is because they’re pushed away and they’re not given the same kind of care as other people. It does make us miss appointments, it makes us not want to go to appointments,” said Demos.

For more information: call 508-556-6101 or email lift@liftworcester.org.

- See the full Mass Live article.

 

Health Care Coverage

 

Updated Option to Report Unemployment Income for Premium-Free ConnectorCare

New Way to Report Unemployment Income (UI) Received in 2021

Consumers that received unemployment at any point in 2021 are now able to access a $0 ConnectorCare plan, even if they are not currently collecting unemployment income and might not otherwise qualify based on their household income. On 7/30/21, the Health Connector made additional changes to the online application at MAhealthconnector.org to include a NEW question on the Annual Income page of the online application: “Did you receive any unemployment Income in 2021?”

Applicants or members should answer “yes” to this question to indicate that they received unemployment income at any point in 2021. They will then be screened overnight through the unemployment income workflow to find out if they qualify for access to low or no-cost ConnectorCare health plans. Consumers that previously collected unemployment income must also otherwise qualify for a ConnectorCare, including not having access to other health insurance.  

For more information about the American Rescue Plan benefits available for those who received UI in 2021, review the Frequently Asked Questions from the Health Connector’s website.

- From New Unemployment Income Question and System Updates for the Online Application at MAhealthconnector.org, Massachusetts Health Care Training Forum, August 3, 2021.

 

 

Residents of Micronesia, Marshall Islands and Palau May Get Full MassHealth Coverage

The Compact of Free Association (COFA) is an agreement between the United States and the three Pacific Island sovereign states of Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau—known as Freely Associated States (FAS). FAS citizens are not citizens or nationals of the United States, however, FAS citizens admitted to the United States under the Compacts may reside, work and study in the United States for an unlimited length of time.

As of December 27, 2020, COFA migrants are now eligible to receive full MassHealth coverage as a Qualified Non-Citizen, not subject to a five-year bar rule.

A new MassHealth application will allow applicants/members to self-attest to COFA migrant status as its own self-attestation option.

- From New Unemployment Income Question and System Updates for the Online Application at MAhealthconnector.org, Massachusetts Health Care Training Forum, August 3, 2021.

 

Policy & Social Issues

 

Baker Housing Plan

The Baker Administration has announced $30 million in programs to assist individuals experiencing homelessness and substance use disorders – both of which have increased during the pandemic.

The administration is directing $19 million to the Housing First initiative that provides permanent housing and support services for unaccompanied adults experiencing homelessness in Lawrence, Quincy, Brockton, Holyoke, Worcester, Lowell, and Springfield. Sobriety is not a requirement of accessing or maintaining the housing. “By connecting patients – and their healthcare providers – with housing and treatment resources, we can make a meaningful reduction in the number of individuals entering homelessness,” said Secretary of Health and Human Services Marylou Sudders in the media release announcing the initiatives.

Among other funding, $3.2 million, goes to the Pine Street Inn to target help for the homeless in Boston, and $10 million is dedicated to a new capital fund for new housing and housing vouchers to facilitate the movement of people from shelters to housing.

- From Vaccine Rates and Variants, COVID-19 Update -- Patricia Noga, R.N., MHA, August 3, 2021

 

 

Report: State Rejects 90% of Rental Assistance Applications

Housing advocates are concerned that aid is not getting to renters who need it to avoid eviction. While the Massachusetts Department of Housing and Community Development (DHCD) has distributed more than $170 million in rental aid to nearly 30,000 households since Gov. Charlie Baker lifted the state’s eviction moratorium, the agency has rejected 90% of those seeking assistance this year, according to the agency’s reports.

The state housing agency did not respond to a GBH News request for an explanation for the high rate of rejections for rental aid, but housing advocates have criticized the application process, calling it overly complicated and difficult for some renters, especially those with limited English proficiency, to complete.

Andrea Park, a housing attorney at the Massachusetts Law Reform Institute, said the Biden administration is encouraging quick distribution of federal aid.

“What we've seen on the state level is just more and more barriers. The programs, every time they change the rules, they get more confusing,” she said. “I think that we're really concerned that people are going to start falling through the cracks in even bigger numbers than they have been.”

Gary Klein, who leads the COVID Eviction Legal Help Project at Greater Boston Legal Services, estimated that about 100,000 families in the state are behind on their rent.

Update: After this story was published, the state housing agency told GBH News that applicants' failure to complete the application is the reason for the vast majority of rejections for rental aid, while roughly 10% are because the applicant was ruled ineligible for aid.

ed. note: Advocates would likely counter, that, for many, onerous and confusing documentation requirements are the reason behind incomplete applications.

-See the full WGBH story.

 

Legislature to Create Housing and Economic Development Ombuds, EA and HomeBASE Tracking and Possibly Eliminating TAFDC and EAEDC Asset Tests

The Massachusetts House of Representatives and Senate swiftly overrode the Governor's FY22 vetoes and rejected negative amendments on homelessness and benefits programs. With broad consensus, beyond the 2/3 votes needed, the House and Senate overrode the Governor's FY22 vetoes on the Emergency Assistance and Residential Assistance for Families in Transition programs, and took action toward fully eliminating the asset tests for applicants and participants in the Emergency Aid to the Elderly, Disabled, and Children (EAED) and Transitional Aid to Families with Dependent Children (TAFDC) programs by rejecting the Governor's amendments and reenacting the Legislature's versions of Outside Sections 47 and 67.

Some additional detail:

  • Emergency Assistance family shelter program (EA, line item 7004-0101): Veto overridden by House and Senate. Impact: The Legislature restored language and funding to create an independent ombudsperson office under the Executive Office of Housing and Economic Development, and restored expanded tracking and reporting language to better understand who is served and denied access to EA and the related HomeBASE program, and what the outcomes are for families.
  • Emergency Aid to the Elderly, Disabled, and Children asset limit (EAEDC, Outside Section 47): The House and Senate both have taken the first and second steps toward restoring the Legislature's language on eliminating the EAEDC asset limit. The Legislature sent their language back to the Governor as a new bill, House Bill 401, which Governor Baker subsequently vetoed. The next steps will be for the House and Senate to each override the veto, likely when they return to formal sessions in September.
  • Transitional Aid to Families with Dependent Children asset limit (TAFDC, Outside Section 67): The House and Senate both have taken the first and second steps toward restoring the Legislature's language on eliminating the TAFDC asset limit by rejecting the Governor's outside section amendment and reenacting the original language. The Legislature sent their language back to the Governor as a new bill, House Bill 4012. Governor Baker vetoed that bill, so the next steps will be for the House and Senate to each override the veto, likely when they return to formal sessions in September.

For more information you can see the MA Coalition for the Homeless’s analysis of the Legislature's overrides and actions on amendments, their override requests, the Governor's vetoes and amendments, and their funding and language requests in Columns D-G of the Coalition’s budget chart.

- From Reminder: Breaking news: The CDC has instituted a new eviction moratorium. Read for preliminary details plus updates on veto overrides and federal relief funds, Kelly Turley, MA Coalition for the Homeless, August 6, 2021.

Advocates Call for 50% Self-Employment Standard Business Expense for SNAP Eligibility

During COVID-19, many newly unemployed workers throughout the nation and in Massachusetts found immediate work driving for companies like Instacart, Grubhub, and UberEats, meeting the increased demand for deliveries. While these gig jobs advertise high pay, flexibility, and immediate work opportunities, workers make very little after accounting for the high costs associated with driving hundreds of miles in personal vehicles to make deliveries. These expenses are not reimbursed because these workers are independent contractors, not employees.

Yet, even with their low income, gig workers cannot easily access means-tested benefits like the Supplemental Nutrition Assistance Program (SNAP). This is because self-employees – whose benefits should be calculated based on pre-tax net income after business expenses – must provide SNAP agencies with extensive documentation of their gross income and business expenses. This is challenging for households who earn income from multiple sources, whose earnings and expenses vary month to month, and who have limited English or literacy proficiency. This burdensome process disproportionately harms Black, Brown, and immigrant workers, who are overrepresented in gig jobs. It discourages gig workers and other self-employees from accessing SNAP benefits for which they and their families are otherwise eligible. National data, pre-pandemic, found that only 1% of MA SNAP households had self-employment income, well below the national 5% average.

During the pandemic, the Massachusetts Department of Transitional Assistance (DTA) adopted nearly all available waivers and flexibilities to make the SNAP application process as simple as possible. Yet DTA continues to require self-employees to go through the burdensome process of documenting business expenses in order to qualify for SNAP. Following the lead of 23 other states, DTA should adopt a 50% self-employment standard business expense deduction. Doing so would simplify the SNAP application process for both households and DTA workers and alleviate a major access barrier facing low-income self-employees. Other means-tested benefit programs that determine eligibility based on a factor of the federal poverty level2 – such as the National School Lunch Program, Low Income Home Energy Assistance Program (LIHEAP), and WIC– are also encouraged to explore policy options to improve access to benefits for self-employed workers. This is particularly important to support post-pandemic economic recovery.

See the full MLRI Report and letter to the DTA Commissioner.

- From SNAP Coalition 8/10; Updates on SNAP & College Students, Gig Workers; School Meal Debt Bill passes House, and CTC Resources!, Pat Baker, MLRI, August 3, 2021.

 

Medicare Advantage Disenrollment in Final Year of Life Continues Troubling Pattern

Late last month, the Government Accountability Office (GAO), a watchdog agency in the legislative branch, released a report showing that people in their last year of life disproportionately disenrolled from Medicare Advantage (MA) into Original Medicare. For some MA plans, these enrollees switched to Original Medicare at a rate nearly 10 times higher than other enrollees. As GAO notes, these shifts may point to problems in access to or quality of care that arise as needs increase.

MA plans are offered by private insurance companies that receive a fixed amount of money from Medicare each month, called capitation, for each enrollee. In theory, capitation has the potential to reduce costs by creating incentives for plans to curtail unnecessary spending. But such an incentive has risks as well. Insurers may benefit by denying needed care, finding ways to drive up their capitation rates that do not reflect reality, or structuring their coverage in such a way that it appeals to people who need less care and dissuades those who need more—such as offering gym memberships to attract healthier enrollees.

- From the Medicare Rights Center.

 

Passage of Massachusetts Bill Rectifies Loophole That Left 6,300 Rape Kits Untested

A bill has passed in Massachusetts that rectifies a loophole from a 2018 law that left more than 6,300 untested rape kits out of required testing.

With the passage of HB4013, all previously untested sexual assault kits shall be tested within 180 days of the effective date of the act. Language in the legislation gives the Massachusetts State Police Crime Lab the option of outsourcing testing to a private laboratory if they cannot analyze all the untested kits in their possession.

A criminal justice reform bill enacted in 2018 in Massachusetts mandates the submission of all untested rape kits to law enforcement for testing. The Joyful Heart Foundation has said it believes the 6,300 kits, which were previously submitted but not fully tested, were excluded from testing because that bill used language specific to previous kits that were not submitted.

“Behind every kit is a person — a sexual assault survivor — waiting for justice,” said Ilse Knecht, the director of policy and advocacy at the Joyful Heart Foundation, a national organization working to end the backlog of untested rape kits across the country. “We stand with every survivor who has taken the step of reporting the crime to the police and endured an invasive examination in search of DNA evidence left behind by the attacker.”

The law also includes an inventory mandate, requiring a report on the number of untested kits in the lab’s possession, the year each kit was collected, the year each kit was tested and the date the information was updated into the CODIS database.

- See the full Mass Live article.

 

Opinion: PrEP must be Available Behind Bars

In an effort to reduce HIV transmission, the Biden administration released new guidance in July mandating that medical insurers provide free access to medication that prevents transmission of HIV. Although the guidance calls for waiving all fees and co-pays associated with medication, clinic visits, and blood work, it’s clear that it’s true purpose is to make pre-exposure prophylaxis (PrEP) more widely available.

PrEP is an antiretroviral medication that blocks HIV from replicating in the body. When it is taken daily, it reduces the risk of becoming HIV positive by more than 90 percent. Between 2015 and 2019, annual new HIV infections in the United States fell eight percent to approximately 34,800. This was after years of seeing approximately 38,000 new HIV infections per year. The breakthrough in prevention is largely attributed to greater use of PrEP among those who are most vulnerable to HIV infection: gay, bisexual, and transgender people, especially those who are also BIPOC, and people who inject drugs.

Despite its efficacy, only 23 percent of people who could benefit from PrEP are prescribed it. That’s why it was so incredibly disappointing to see that the Biden administration’s guidance doesn’t mandate the availability of PrEP to people who are incarcerated.

While I was serving a criminal sentence in the Massachusetts Department of Correction, I witnessed people sharing needles while using injectable drugs, and engaging in consensual sex without the use of condoms. Both behaviors are highly effective at transmitting HIV from one person to another. Yet clinicians in Massachusetts are prohibited from prescribing PrEP to people who are incarcerated. Why? Because we are supposed to pretend that people in prison do not have sex or inject drugs and therefore do not need PrEP. That’s why three percent of all new cases of HIV in the state between 2016 and 2018 were diagnosed among people who are incarcerated in state prisons.

Other states have already begun making significant efforts to curb HIV transmission within prisons and jails. In 2014, the California General Assembly passed the Prisoner Protections for Family and Community Health Act, which mandated condoms be made available to incarcerated people. Even though consensual sex is prohibited, policymakers acknowledged that consensual sex happens. For those who choose to take that risk, they should have tools to protect themselves. Since passage of the law, condom dispensing machines have been made available in semi-private areas throughout California correctional facilities. According to one pilot study, after condoms were introduced in California prisons, there was no increase in disciplinary infractions for engaging in consensual sex. This should allay fears that providing PrEP would encourage more such banned activity.

- See the full Commonwealth Magazine column.