MPLP Newsletter - Spring 2002

MPLP eNewsletter	Issue 15 Spring 2002

Table of Contents

Consumer Law

Housing Law

MPLP 2002 Training Schedule

Public Benefits

C O N S U M E R . L A W

Payday Loans: It Pays To Challenge Them by Lorray Brown, MPLP
An introduction to legal challenges, and what you can do to protect a client from the harms that a payday loan can bring.

Issue Alert – Monitoring Compliance with the New Statute Prohibiting Garnishment of the Home Heating Credit
by Lorray Brown, MPLP-- MPLP was recently contacted because the Department of Treasury garnished the Home Heating Credit of two elderly clients.

E L D E R L A W

Creative Strategies for Finding Affordable Prescription Drugs for Seniors
by Tracy Huth, University of Michigan Law Student -- Michigan seniors seeking affordable prescription drugs must look to private and state programs for assistance.

Michigan Poverty Law Program and Michigan Protection and Advocacy Service File Federal Court Challenge to Michigan's Virtual Closure of the Home and Community Based Waiver Program
by Alison Hirschel, MPLP -- Plaintiffs allege that the state's cut in funding to the program, resulting in the closure of the program to new applicants with more than 4,000 of its 15,000 slots unfilled, as well as other state practices in the waiver program, violate Medicaid law, the Americans with Disabilities Law, and Section 504 of the Rehabilitation Act.

Mark Your Calendars for Upcoming Elder Law Trainings and Conferences! Task Force in the UP; MPLP Roadshow; Elder Law and Advocacy Section Annual Conference; National Aging and Law Conference; National Citizens Coalition for Nursing Home Reform Annual Meeting

Staff Shortages and Abuse Highlighted in National Nursing Home News
by Alison Hirschel, MPLP -- A study recently released by the US DHHS found that over 91% of nursing homes had nurse aide staffing levels that fell below the thresholds identified as minimally necessary to provide needed care; other reports offer information on violations and abuse of residents by staff.

Medicare Reverses Decades Old Practice of Denying Coverage for Treatment
for People with Alzheimer's Disease
by Alison Hirschel, MPLP -- Medicare will no longer use the dementia diagnostic codes alone as a basis for determining whether Medicare-covered services are "reasonable and necessary".

F A M I L Y L A W

Court of Appeals Announces Pilot Settlement Program in Domestic Relations Cases by Lynelle Morgan, MPLP
Initially, only domestic relations appeals concerning property issues, and not custody and parenting time issues, will be considered. Appellants must complete a pilot docketing statement form to facilitate review.

Open Justice Commission Makes Bench/Bar Holidays and Observances Guide Available by Lynelle Morgan, MPLP -- The interfaith holiday/holyday guide, which covers15 different religions, has been distributed to trial judges across the state to assist them in determining parenting time agreements and judgments.

What's Happening in Lansing
by Lynelle Morgan, MPLP -- A summary of some of the domestic violence, custody, and parenting time bills and proposed court rules that MPLP is working on. The Family Law Task Force's Legislative Advisory Board Committee will meet May 14 in Ann Arbor to get input from the field on these and other legislative issues.

Domestic Violence Civil Legal Assistance Training
A collaborative training aimed at VAWA legal assistance for victims grantees, family law advocates, and others interested in learning more about advocating on behalf of domestic violence survivors.

Michigan Court of Appeals Holds that Personal Protection Orders May Include Provisions Affecting Custody and Parenting Time by Lynelle Morgan, MPLP

In Brandt v. Brandt, a published opinion, the Court of Appeals upheld the ability of a trial court to issue orders related to custody and parenting time as part of a PPO under MCL 600.2950(1)(j).

H O U S I N G L A W

Low Income Website of the Quarter

The National Housing Law Project’s web-site (http://www.nhlp.org/) is a source of valuable and detailed information about the federal housing programs (primarily the rental programs) from a tenant advocacy perspective, and is also an easy way to order the Project’s publications.

Recap of April 9 Housing Task Force Meeting by Jim Schaafsma, MPLP

U.S. Supreme Court Rejects Innocent Renter Defense in Rucker
by Jim Schaafsma, MPLP -- The Supreme Court held that the public housing eviction statute "unambiguously requires lease terms that vest local public housing authorities with the discretion to evict tenants for the drug-related activity of household member and guests whether or not the tenant knew, or should have known, about the activity."

HUD Issues FY2002 SuperNOFA by Jim Schaafsma, MPLP

The Notice of Funding Availability announces availability of up to $2.2B in HUD funds in 41 competitive grant categories, ranging from housing production to housing counseling and community development technical assistance.

Upcoming Events: Public Housing Resident Participation Teleconference, Michigan Conference on Affordable Housing

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

Social Security Ruling Upheld by Supreme Court by Lisa Ruby, MPLP Reversing the Court of Appeals for the Fourth Circuit, the Court held that both the inability to work and the medical impairment that leads to that inability must last or be expected to last for not less than 12 months. A return to work during that 12 months time period indicates that the inability to work, by definition, did not meet the durational requirement.

Bush’s Plan for TANF Reauthorization by Lisa Ruby, MPLP
The President proposes tightened work measures for participants with no increase in funding for TANF.

Medical Records Legislation Update by Lisa Ruby, MPLP
Michigan is one of only 16 states that does not have legislation regulating access to and limiting the cost of obtaining medical records from care providers. Advocates were invited to testify on this issue at a hearing before the House Subcommittee on Ensuring Patient Access to and Confidentiality of Medical Histories.

Disability Determinations Fiscal Year 2001

SSA Begins Ticket To Work Program by Lisa Ruby, MPLP
The Social Security Administration has finally begun a gradual release of its tickets for the Ticket To Work Program. Individuals that receive tickets can take them to the local Employment Network in order to receive free assistance in joining the work force.

T E C H N O L O G Y

Recent Tech Project Updates by Matt Filizzi, MPLP
MLAN email & Kemps update