www.mplp.org


 

Issue 22  Winter 2004

Table of Contents

 

 

 

Consumer Law

Elder Law

Family Law

Housing Law

Public Benefits

Statewide Appeals Docket

Special Feature: MLHS Outreach on Federal & State Tax Credits

MPLP 2004 Training Agenda

MPLP 2004 Taskforces Calendar

Technology

Clinic



C O N S U M E R
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L A W - Articles by Lorray S.C. Brown, MPLP Consumer Law Attorney

A N N O U N C E M E N T S

n CORT Consumer Law Training
  May 5-7, 2004
  Wyndham Hotel, Cleveland
  (A tentative agenda will be posted on the MPLP website (www.mplp.org) in March)

n NACA 2004 FCRA Conference
  May 14-16, 2004
  Chicago Hilton and Towers, Chicago
   For more information, go to: http://naca.net/events.htm

n Consumer Law Taskforce Meeting
  March 18, 2004
  State Bar Building, Room 4, Lansing

Credit Counseling: A Panacea or Just Another Consumer Scam?
Excessive debts and difficulties making required monthly payments are causing more and more consumers to turn to debt counselors or credit counselors. This demand has given the credit counseling industry an opportunity to exploit these vulnerable consumers. Consumer advocates must understand credit counseling industry practices to recognize unfair and deceptive practices. This article will: (1) give an overview of the credit counseling industry practices and the responses to those practices; (2) describe a typical credit counseling agency scenario; and (3) set out some of the statutes that a credit counseling agency might have violated.


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E L D E R  L A W
- Articles by Alison Hirschel, MPLP Elder Law Attorney


A N N O U N C E M E N T S

Mark Your Calendars for Excellent 2004 Elder Law Training Opportunities

March 19 – State Bar of Michigan Elder Law and Advocacy Section Spring Training, Troy. Stay tuned for program details and exact location.

September 23 – Elder Law Day at the MPLP Road Show, East Lansing.

October 7-9 – State Bar of Michigan Elder Law and Advocacy Section Annual Conference (focus on Long Term Care), Treetops Resort, Gaylord.

October 17-20, National Citizens Coalition for Nursing Home Reform Annual Conference, Arlington, Virginia.

October 20-23, 5th Annual National Aging and Law Conference, Arlington, Virginia.


Sarah Slocum Named State Long Term Care Ombudsman
One of Slocum's goals is to create more opportunities for legal representation of residents of long term care and to strengthen legal support for local ombudsman staff. She hopes to help create more collaborative and cooperative relationships between local legal services and ombudsman offices.

State Considers Permitting Nursing Homes To Hire Feeding Assistants
For the first time since the federal Nursing Home Reform Law was enacted in 1987, federal rules allow paid workers with less than 75 hours of training to feed residents who cannot eat on their own. States have the option of deciding whether to allow facilities in their state to train and use feeding assistants. Last fall, the Michigan Department of Consumer and Industry Services began drafting a proposal to permit Michigan facilities to hire feeding assistants.

Governor To Create Two Task Forces Concerning the Elderly
As a result of the Eager lawsuit, the Governor will create a Medicaid Long Term Care Task Force comprised of seven consumers or advocates, seven providers and seven state officials or legislators. This Task Force will examine a number of issues, including barriers to the creation of additional home and community based long term care options, and it will make recommendations to the Governor and the legislature regarding needed reforms.

Judge To Sign Eager Settlement Order
On December 15, 2003, plaintiffs and defendants in the Eager Home and Community Based Services Waiver lawsuit submitted a detailed settlement agreement to the court. However, one major provision of the settlement is dependent on approval by the Centers of Medicare and Medicaid Services of the conversion of the personal care supplement for residents of licensed assisted living facilities to a Medicaid benefit, which would permit the state to draw down millions of federal Medicaid dollars.

Several Web Sites Provide Detailed Information on New Medicare Prescription Drug Provisions
The Medicare Act of 2003 includes substantial changes to the Medicare program and offers beneficiaries some, though not comprehensive, coverage for prescription drugs. Several excellent web sites help consumers and advocates understand this complex new law.

Medicaid Estate Recovery and Home Help Updates
The Administration continues to consider instituting a Medicaid estate recovery program or some alternative to raise revenues for the state; the Michigan Department of Community Health has worked with advocates to reduce some of the harm caused by reductions in funding to the Home Help program.


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F A M I L Y   L A W
- Articles by Paula Zimmer, MPLP Family Law Attorney


Same-Sex Unions: Changing Landscape
Whether designated as same-sex marriage, civil union or domestic partnership, these relationships are at the forefront of the changing legal landscape.

Protecting the Vulnerable or Encroaching on the Privacy of Individuals
In Wixtrom v. DCF, a split 2-1 decision, a Florida appeals court ruled that the state could not appoint a guardian for the fetus of a rape victim. In Michigan, two initiatives are progressing in similar issues.

Grandparent Visitation - Compromise?
SB 727 on grandparent visitation would pass constitutional muster and meet the floor plan for a successful statute set forth in Justice Weaver's concurrence in DeRose.

A Child's Preference
New Michigan court rule, following Molloy, makes clear how judges are to treat in camera interviews of children in custody and visitation cases.


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H O U S I N G   L A W
- Articles by Jim Schaafsma, MPLP Housing Attorney


Property Tax Foreclosure Changes
In January, Gov. Granholm signed into law P.A. 263 of 2003. This law, which has immediate effect, amends several parts of MCL 211.78, the statute that governs property tax foreclosure.

Administration Budget Not Kind to §8 Voucher Program
The FY2005 federal budget that the Bush Administration released on February 2 would reduce funding for many domestic programs, including the HUD Section 8 (Housing Choice) Voucher program. Although the cost of continuing today's successful housing voucher program is quite modest, the proposed budget would not allow for the renewal of all existing vouchers and eliminates funding for Family Self-Sufficiency program case managers.

OCC Rule Preempts State Laws Applied to National Banks
On January 7, 2004, the federal Office of the Comptroller of Currency issued a final rule that preempts the application to “national banks” of significant areas of state law regulating lending activity, including predatory lending. Responding to one characteristic of predatory lending, the rule also prohibits national banks from making asset based consumer loans.


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P U B L I C   B E N E F I T S
.- Articles by Lisa Ruby, MPLP Public Benefits Attorney


Freedom To Work Act
The Freedom To Work Act, which became effective on January 1, 2004, gives people with disabilities the chance to keep their Medicaid coverage - paying part or all of the premium themselves - regardless of how much money they make.

Disabled Adult Children and Medical Benefits (Social Security Forum, 1/2004)
If an unmarried child over age 18 is receiving Supplemental Security Income and Medicaid, and a parent becomes disabled, retired or dies, the child may become eligible for Title II Disabled Adult Child (DAC) benefits.

Time-Limited Food Stamps Gone for a Year!
On March 1, 2004, time limits will be eliminated for one year under a waiver is based on Michigan's current, high unemployment rate.


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S P E C I A L   F E A T U R E
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Federal & State Tax Credits Can Return Dollars to Low-Income Michigan Households
by Sharon Parks, Senior Research Associate, Michigan League for Human Services
Low-income taxpayers can benefit from a variety of federal and state tax credits, all of which can help to reduce taxes owed or provide refunds to the taxpayer. The assistance provided through these tax credits can make a difference in the lives of poor families. Agencies and organizations across the state can help low-income taxpayers benefit from these credits by participating in outreach efforts that may include distribution of informational materials, convening meetings and training sessions and setting up taxpayer assistance clinics during the tax filing season.


www.MichiganEIC.org
Free taxpayer assistance in filling out tax forms and e-filing is available in English and Spanish through ICAN! EIC™, or at Volunteer Income Tax Assistance (VITA)
and Tax Counseling for the Elderly (TCE) sites. Visit http://MichiganEIC.org for information about ICAN! EIC™ and for a county-by-county list of VITA and TCE sites.


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T E C H N O L O G Y
- Articles by Scott Trudeau, MPLP Technology Manager


Simple Steps to Safer Surfing
Many of us work from home or family computers. These computers often must serve a variety of purposes beyond work-related activities and are very exposed to threats less common in an office environment. This is especially true for the growing numbers of us who have high-speed Internet connections at home. Fortunately, there are plenty of easy and affordable ways to protect your home machine from these threats.


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C L I N I C
- Articles by Tana Lin, Michigan Clinical Law Program Litigation Coordinator


New Case Filings and Updates
Professor Paul Reingold, along with two Clinic students, filed a complaint in and settled Mellinger v. National City Bank, Triad Financial Services, Inc. & Key Choice Homes Inc. The complaint alleged claims including fraud and intentional and/or negligent misrepresentation as well as violations of the Michigan Consumer Protection Act, the Michigan Mobile Home Commission Act, the Michigan Mobile Home Warranty Act, the Uniform Commercial Code and the Truth in Lending Act.


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