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MPLP eNewsletter Issue 12  Summer 2001

  Table of Contents

 

Elder Law

Family Law

Housing Law

Public Benefits

Special Features

Technology

MPLP 2001 Training Schedule

MPLP Calendar

MPLP Index

I-496 Alert


I-496 ALERT Construction on I-496 in Lansing: Parts of I-496 in downtown Lansing will be under construction from April through November 2001. A part of I-496 will be completely closed from April to August, preventing those coming from the East from getting into or out of the downtown area on I-496. See http://www.fix496.com/ for details and alternate routes.


E L D E R  L A W

Health Care Financing Administration Renamed Centers for Medicare and Medicaid Services (CMS) by Alison Hirschel, MPLP Elder Law Staff Attorney

Publishers Clearing House Enters into Settlement with Michigan and 25 Other States In Sweepstakes Suit by Alison Hirschel, MPLP Elder Law Staff Attorney
Attorney General Granholm recently announced that Publishers Clearing House will pay $34 million and make significant reforms to resolve several state lawsuits.

State Long Term Care Ombudsman Contract Awarded to the Legal Hotline for Michigan Seniors by Alison Hirschel, MPLP Elder Law Staff Attorney
The Michigan Office of Services to the Aging has awarded the Ombudsman contract to Elder Law of Michigan, Inc., which operates the Legal Hotline for Michigan Seniors.

Social Security Warns of Two Scams that Target Elderly
(Excerpted from Steven Kilpatrick, Connecticut Elder Law Newsletter)

The Social Security Administration's Office of the Inspector General is warning senior citizens of more hoaxes that promise slave reparations or additional benefit payments in exchange for their Social Security numbers and other personal information.

Medicare Expands Preventive Services
(Excerpted from Steven Kilpatrick, Connecticut Elder Law Newsletter)

Federal Government to Permit Single Task Workers in Nursing Homes
by Alison Hirschel, MPLP Elder Law Staff Attorney
The Centers for Medicare and Medicaid Services will issue an administrative guidance to the states permitting greater use of single task workers. Advocacy groups, including the National Citizens Coalition for Nursing Home Reform and the Michigan Campaign for Quality Care, oppose the measure.

Medicare Extends Deadline for HMOs, May Hurt Seniors
by Kara Jennings, MPLP Law Clerk
The Centers for Medicare and Medicaid Services announced that it will extend the deadline by which HMOs must decide whether or not they plan to continue coverage for Medicare beneficiaries to September 17, 2001. Many advocacy groups are opposing the change, concerned about the agency's ability to properly analyze and transmit the information to seniors under such a tight timeframe.The Center for Medicare Advocacy, along with several other advocacy groups and beneficiaries, have filed a complaint in federal court.

New Expanded Definition of "Homebound" May Increase Access to Home Health Care for Beneficiaries Who Attend Adult Day Care & Religious Services by Kara Jennings, MPLP Law Clerk
The definition of "homebound" used to determine eligibility for Medicare-covered home health care services has been expanded by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000.

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F A M I L Y   L A W

Judges may be Inclined to Apply the 100 Mile Rule Retroactively
by Lynelle Morgan, MPLP Family Law Staff Attorney

The "100 mile rule" in
MCL 722.31, which took effect in January, restricts the ability of a parent whose child's custody is governed by court order to move more than 100 miles from the child's legal residence at the time of the commencement of the action in which the order was issued.

New PPO Court Rules Effective September 1, 2001
by Lynelle Morgan, MPLP Family Law Staff Attorney

A brief summary of amendments to MCR 3.703, 3.706, 3.707, and
3.708.

MCR 3.210 Amended To Reflect Case Law in Post-Judgment Change of Custody Requests by Lynelle Morgan, MPLP Family Law Staff Attorney
Effective July 1, 2001, MCR 3.210 has been amended to reflect changes in the law on the issue of a party's right to an evidentiary hearing in post-judgment change of custody requests.

Rebuttable Custody Presumptions in Michigan
by Lynelle Morgan, MPLP Family Law Staff Attorney
Two conflicting bills are currently pending before the Michigan Legislature: H.B. 4546 creates a presumption against awarding custody upon a showing of a history of domestic violence; H.B. 4664 requires that trial courts begin with a presumption of joint custody.

Putative Dad Bills Pending by Lynelle Morgan, MPLP Family Law Staff Attorney
A series of "Putative Father" bills has been introduced in the Michigan House of Representatives that appears to be aimed at redressing situations where birthmothers "deceive" putative and/or biological fathers regarding their parental status.

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H O U S I N G   L A W

Housing Day at the Roadshow - Tuesday, October 2
Tuesday, October 2 is the housing day at this year's MPLP Roadshow in East Lansing. Please contact Jim Schaafsma at MPLP if you have any suggestions about topics to be covered that day.

State House Committee Reports Out Bill That Will Raise Costs Available in Summary Proceedings by Jim Schaafsma, MPLP Housing Attorney
The Michigan House's Committee on Civil Law and the Judiciary recently reported out H.B. 4726, legislation that would raise the allowable taxable costs in summary proceedings for default judgments and for trials that include both a claim for possession and a claim for a money judgment.

Changes in U.S. Senate Committees Setting Housing Policy
by Jim Schaafsma, MPLP Housing Attorney

Predatory Lending Update by Jim Schaafsma, MPLP Housing Attorney
Stabenow co-sponsors anti-predatory lending bill; stories still needed to support predatory lending legislation in Michigan.

HUD Secretary Names the Four Cornerstones of the U.S. Housing System
by Jim Schaafsma, MPLP Housing Attorney
In a speech to the United Nations General Assembly, HUD Secretary Mel Martinez said that at the core of the American Dream are "access to housing, equal opportunities in choosing a place to live, and the right to own property and pass it on to our heirs."

HUD Replaces TIV with RHIIP by Jim Schaafsma, MPLP Housing Attorney
HUD outlined its plans for the Rental Housing Income Integrity Improvement Project, which aims to improve the accuracy of tenant rent determinations in its assisted rental housing programs and replaces the Tenant Income Verification program.

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P U B L I C   B E N E F I T S

Proposed Federal Legislation by Lisa Ruby, MPLP Public Benefits Attorney
S.B. 583, the "Nutrition Assistance for Working Families and Seniors Act of 2001", and companion legislation in the House would improve the adequacy of food stamp benefits, ease the burdens on families participating in the food stamp program, and provide additional resources to emergency food providers.

Appellants and Amici File Briefs in Westside Mothers v. Haveman
by
Alison Hirschel, MPLP Elder Law Attorney
In June, plaintiffs filed their brief arguing for reversal of the district court's dismissal of claims concerning the state Medicaid program's failure to provide Early and Periodic Screening, Diagnosis, and Treatment services as required by federal law; seven separate amicus curiae briefs were also filed.

Medicaid Expansion by Lisa Ruby, MPLP Public Benefits Attorney
Advocates and legislators pushing for expanded coverage for working adults through Medicaid and the federal Child Health Insurance Program have emphasized the fact that children are more likely to receive health care when their parents are also insured. Acknowledging the importance of providing families with health insurance, Maryland has become the third state to begin offering government subsidies to workers to buy family health insurance coverage.

Social Security Work Incentives Activities (Ticket to Work)
by Lisa Ruby, MPLP Public Benefits Attorney
Several local organizations have been awarded grants through the federal Ticket to Work Program to assist disabled individuals who would like to enter the workforce and need to know what benefits and other assistance are available to them.

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T E C H N O L O G Y

Legal Services Technology in Michigan
August 2001

by Trent Cahill, State Bar Access to Justice - Technology Committee
Over the last couple of years, Michigan's Legal Services Computer Committee has worked on several projects that will assist both clients and programs, including the development of a uniform case management system and providing information to advocates and clients through websites.

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S P E C I A L . F E A T U R E S

Michigan Appellate Digest Now Available Online

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