MPLP Newsletter - Autumn 2001

MPLP eNewsletter	Issue 13 Autumn 2001

Table of Contents

Elder Law

Family Law

Housing Law

Public Benefits

Technology

MPLP 2001 Training Schedule

Reauthorization: What Looms for 2002?
CLASP National Audio Conference 12/7

MPLP Index

MPLP Welcomes New Technology Coordinator, Matt Filizzi

E L D E R L A W

State Reduces Funding for Home & Community Based Waiver Program
Alison Hirschel, MPLP-- Under the waiver program, the state uses Medicaid funds that would otherwise be used to pay for nursing home care to provide long term care services to clients in the community. Beginning this fiscal year, the state has changed the funding formula for the waiver program resulting in the virtual shut-down of the program to new clients.

State & Federal Officials Attempt To Chip Away at Federal Nursing Home Reform Law's Enforcement Provisions Alison Hirschel, MPLP
Several efforts are underway to tweak the federal nursing home enforcement system in ways that will result in fewer and less serious sanctions being imposed against nursing homes that violate the law, including proposed state legislation reinterpreting federal nursing home law, and proposals to revise nursing home surveyor guidelines and relax the nurse aide training lock-out requirement.

HHS Announces Medicare Premium & Deductible Rates for 2002
Alison Hirschel, MPLP-- The Department of Health and Human Services announced increases in the Medicare premium, deductible and coinsurance amounts beneficiaries will have to pay in 2002.

CMS May Seek To Eliminate ALJ & Departmental Appeals Board Levels of Review of Medicare Claims Alison Hirschel, MPLP
The Centers for Medicare and Medicaid Services has begun discussions with members of Congress and other organizations concerning legislation to eliminate the administrative law judge and Departmental Appeals Board levels of review for Medicare claims, limiting appeals to review by the Qualified Independent Contractor.

Many Medicare Managed Care Plans Pull Out of Program; Beneficiaries Receive Information on Remaining Options Alison Hirschel, MPLP
58 Medicare managed care plans announced that they would withdraw from Medicare effective January 2002; other managed care plans announced they would increase premiums, eliminate or reduce prescription drug coverage, or make other benefit and provider participation changes. More withdrawals and changes are expected to be announced in 2002.

Advocates Concerned as State Appears To Consider Filing a Medicaid § 1115 Waiver Application Alison Hirschel, MPLP
Under the § 1115 waiver, states can offer Medicaid coverage to populations at 200% of the federal poverty guidelines, but the federal government will not provide additional funds to pay for the expansion. Instead, states are given wide latitude to fund the changes by reducing benefit packages and increasing cost-sharing for recipients enrolled in optional Medicaid categories.

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F A M I L Y L A W

State Legislature Considers Divorce Reform Lynelle Morgan, MPLP
Several bills have been introduced in the House of Representatives that would make divorce for Michigan's couples much more difficult to obtain.

VAWA Legal Status Training at November Family Law Task Force Meeting
Lynelle Morgan, MPLP-- On Tuesday, November 27th, Farmworker Legal Services will present a training on assisting battered immigrants in obtaining legal status under the Violence Against Women Act.

Court of Appeals Applies Troxel v. Granville to Custody Cases
Lynelle Morgan, MPLP-- In a recent case, Heltzel v. Heltzel, the Court extended to custody disputes the fundamental parental liberty interest set forth in a Supreme Court grandparent visitation case.

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H O U S I N G L A W

Two Packages of Predatory Mortgage Lending Bills Introduced in Michigan Senate Jim Schaafsma, MPLP
Two packages of bills outlawing several common predatory mortgage lending practices were introduced in the Senate. Both offer protections to all home loan borrowers and additional protection to borrowers of high cost home loans.

Michigan Supreme Court Amends Summary Proceedings Rule (MCR 4.201) Jim Schaafsma, MPLP-- In September, the Michigan Supreme Court released its amendment of MCR 4.201(L) and (M) concerning postjudgment activity in summary proceedings cases.

NLIHC Releases 2001 Out of Reach Study Jim Schaafsma, MPLP
This study by the National Low Income Housing Coalition calculated the income households need to afford rental housing and keep housing costs at 30% of income. In Michigan, a worker would have to earn $12.35/hr to afford a 2BR apartment, or work 96 hrs/week at the minimum wage.

CBPP Urges Welfare Agencies To Promote the Earned Income Disregard
Jim Schaafsma, MPLP-- In a recent article, the Center on Budget and Policy Priorities asserted that a large number of public housing authorities have yet to institute the earned income disregard, which is available to all public housing tenants and persons with disabilities participating in the HOME, HOPWA, Supportive Housing and Housing Choice (Section 8) Voucher programs.

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P U B L I C B E N E F I T S

SSA Discovers 130,000 SSI Recipients Who Are Insured for RSDI
Lisa Ruby, MPLP-- In an internal audit, the SSA discovered that approximately 130,000 individuals who currently receive SSI are eligible for RSDI benefits. As a result, claimants will be entitled to a change in their current benefits as well as a retroactive check.

Low-income Workers Lose Health Insurance During Recession
Lisa Ruby, MPLP-- As our economy enters into what is being described as a recession, exapnded Medicaid coverage will become even more vital as the only source of health insurance for low-income, working families.

Poor Budgeting Will Result in Thousands Being Cut from WIC
Lisa Ruby, MPLP-- Hundreds of thousands of low-income women, infants and children could be turned away from a federal nutrition program in 2002 because of insufficient funding, according to a recent report released by the Center on Budget and Policy Priorities and the National Association of WIC Directors. It would be the first time in years that the WIC program would be forced to cut eligible individuals and deny new applications.

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T E C H N O L O G Y

A Few Words about E-mail Viruses & Security Matt Filizzi, MPLP Technology Coordinator & Trent Cahill, Access To Justice Technology Director, State Bar of Michigan -- Resources for information on viruses and network security issues.

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