| MPLP eNewsletter | Issue 20 Summer 2003 |
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THE
MPLP INDEX Upcoming Conference:The National Consumer Law Center (NCLC) will hold its 12th Annual Consumer Rights Litigation Conference from October 24 - 27, 2003 in Oakland, California at the Oakland Marriott City Center. In addition to the main conference, there will be two mini conferences:
Also, there will be a Predatory Lending Strategy Update - on Monday morning, an update on state and local predatory legislation. For more information, visit the nclc website: www.nclc.org I hope to see you there! Upcoming Consumer Law Day at the MPLP Roadshow – September 25, 2003 Don’t Forget!
Michigan’s Debt Protection Statutes By Josh Ard, Cooley Law School/Sixty Plus Elder Law Clinic As the name indicates, poverty law attorneys are likely to deal with clients with debt problems. Along with poverty, one often finds a difficulty in paying bills. When a person is having difficulty paying bills, a debt collector often comes calling. Sometimes debt collectors are only annoying, but the problems often become more severe as the tactics become more outrageous Payday Lending Revisited (Part I) By Stephanie Johnson-Wuttke, Michigan Advocacy Project Like a rerun of the movie “Ground Hog Day”, on May 28, 2003, the Senate committee on Economic Development, Small Business and Regulatory Affairs chaired by Senator Alan Sanborn (R-Richmond) heard testimony on Senate Bill 474. SB 474, sponsored by Senator Valde Garcia (R-Howell), is a bill to license payday lenders and allow them to charge an 18% service fee for each transaction. Payday Lending Revisited (Part II) – Fees or Interest? by Lorray S.C. Brown, Consumer Attorney, MPLP Interestingly, under SB 474, the 18% service fee would not be considered interest. This raises a critical question. Whether the payday lenders “service fees” are considered interest or service fees determines whether the payday lenders are currently subject to the Michigan Regulatory Loan Act, MCL 493.1 et seq, and the Credit Reform Act
Michigan Supreme Court Affirms DeRose and Invalidates State Grandparent Visitation Statute By Alison Hirschel, Elder Law Attorney MPLP On July 31, 2003, the Michigan Supreme Court invalidated the state’s grandparent visitation statute, MCL 722.27b, in the case of DeRose v. DeRose, et al. In an opinion written by Justice Taylor, the court held that the Michigan statute, like the Washington visitation statute struck down in Troxel v. Granville, 530 U.S. 57 (2000), was fatally flawed because it failed to require a trial court to accord deference to the decisions of fit parents regarding grandparent visitation.... House and Senate May Not Agree on Medicare Prescription Drug Compromise; Both Bills Create Substantial Changes in Medicare Program By Alison Hirschel, Elder Law Attorney MPLP Both the House and Senate passed Medicare prescription drug coverage bills on June 27, 2003. However, the Senate version, although more generous in some respects, requires Medicare beneficiaries who are also eligible for Medicaid to obtain prescription drug coverage from Medicaid and makes them ineligible for the Medicare prescription drug benefit.... Florida Man Files Federal Suit Alleging ADA and Fair Housing Act Violations After Landlord Seeks Eviction Claiming Plaintiff Cannot Live Independently By Alison Hirschel, Elder Law Attorney MPLP AARP and the Bazelon Center for Mental Health Law have joined forces to represent a Florida senior who faces eviction from his affordable housing unit on the grounds that he could not live independently. Howard "Hop" Symons, 82, sued in federal district court in Fort Myers, Florida accusing city officials in Sanibel, Florida and the nonprofit agency that operates the city’s affordable housing units of violating numerous state and federal laws including the federal Fair Housing Act and the Americans with Disabilities Act. Advocates Defeat Nursing Home Industry Legislative Initiatives By Alison Hirschel, Elder Law Attorney MPLP The Michigan Advocacy Project (MAP), the Michigan Campaign for Quality Care, Citizens for Better Care, the Office of the State Long Term Care Ombudsman, the Michigan Department of Consumer and Industry Services, and AARP mounted a successful effort to defeat three nursing home industry legislative initiatives that sought to change the nursing home inspection and enforcement process. The "MiChoice" Program Reopens; Eager Case Nears Settlement By Alison Hirschel, Elder Law Attorney MPLP In June, Governor Granholm reopened the Home and Community Based Waiver Program ("MiChoice") to new applicants. The program, which provides long term care to Medicaid eligible individuals in their own homes instead of in nursing homes, had been closed to new applicants since October 2001. Sharon Gire Named New Director of the Office of Services to the Aging By Alison Hirschel, Elder Law Attorney MPLP Sharon Gire, a former Democratic legislator from Clinton Township and member of the State Board of Education, was recently appointed by Governor Granholm to be the new director of the Office of Services for the Aging. |
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MPLP Welcomes Paula Zimmer In early August, Paula Zimmer joined the Michigan Poverty Law Program as the family law specialist. She will support legal services and pro bono attorneys in the field of family law, and she will convene and support the quarterly task force meetings. |
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H O U S I N G L A W LOW INCOME HOUSING WEBSITE OF THE QUARTER This issue's website is National Priorities Project - www.nationalpriorities.org. While it's not devoted primarily to housing (its
housing content does include an interactive quiz) the website of this
organization which seeks to help the "public understand and shape
the federal budget to meet community needs", is a great
2003 State of the Nation’s Housing Report Released By Sierra Koch, Law Clerk MPLP In June, the Joint Center for Housing Studies at Harvard University released its State of the Nation’s Housing report for 2003. The report consists of an executive summary and sections on housing and the economy, demographic demand drivers, homeownership trends, rental trends and housing challenges. |
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Children Left Behind By Lisa Ruby, Public Benefits Attorney MPLP Michigan, along with most of the rest of the country, is experiencing a huge deficit in its budget that is expected to grow over the next fiscal year. As a result, there is less money for social welfare programs and cuts are being implemented. One area that is being hit hard is subsidies for child care. At a time when welfare caseloads continue to rise and more Michigan workers are in need of affordable child care, funds are being reduced. |
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Canning Spam: Mozilla Fights Back By Scott Trudeau, Statewide Technology Manager MPLP The most common question I get lately is: "What can I do about all this junk email?" Unsolicited email advertisements (commonly known as spam) have become the scourge of the Internet. If you have ever posted to a Usenet newsgroup, registered a domain name or posted your address on the web, spammers have it.... ANNOUNCEMENT: MPLP-Clinic and MACED are looking for potential plaintiffs to challenge the failure of MDCH to provide advance and adequate notice to Medicaid beneficiaries whose prescriptions are denied, suspended, changed, reduced, or terminated because they are not on the PDL. MPLP-Clinic and MACED are gathering information on: (2) Clients who should have received notices but have not; (3) Response time for requests for prior authorization; and (4) The availability or non-availability of 72 hour emergency supplies. If you think you have someone that would be a good potential plaintiff, please call either Tana Lin at (734) 998-6100 x22 (tanalin@umich.edu) or Susan McParland at (248) 433-2200.
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