Community advocates celebrate Bernalillo County Sick Leave Ordinance but call for improvements

ALBUQUERQUE—Worker and community organizations support the Bernalillo County ordinance that gives employees paid time off for health, family, and domestic violence related issues, but call for improvements so it helps more working people.   

“We are disappointed that the ordinance was watered down, but we still believe this is a victory for Bernalillo County’s working families. Everyone needs paid time off when they are sick, and this law makes that a reality for more people,” said Zeke Sanchez-Taylor with OLÉ.

In a questionable political maneuver, after Bernalillo County Commissioners passed the ordinance on August 20, business lobbyists began pressuring commissioners to weaken it. 

In response, Commissioners Pyskoty and Quezada introduced an amendment to limit its coverage. It requires businesses with two to ten employees provide only 28 hours of leave. Businesses of this size represent 80% of businesses in the county. The same amendment requires larger businesses provide between 44 and 56 hours of leave annually depending on their size.

In addition, Commissioner O’Malley introduced amendments to have the ordinance go into effect in January instead of July and to remove the 90 day delay for workers to accrue paid time. Commissioner Quezada also introduced an amendment that would increase the penalty to employers who retaliate against their workers.

All amendments passed.

Workers and community advocates called on commissioners to stick with the original ordinance passed through an open democratic process. The original ordinance guaranteed 56 hours of paid time off to workers at businesses with at least two employees in unincorporated areas of the county. Workers would accrue one hour of paid time off for every 32 hours they work.  

“Workers are the cornerstone of our local economy, and we are proud of their contributions,” said Olga Santana with El CENTRO de Igualdad y Derechos. “We urge the Bernalillo County Commissioners to do what is best for working families in the future.”

“After several open, deliberative, and fair hearings, the Bernalillo County Commission passed a compromise paid time off ordinance,” said Eric Griego with New Mexico Working Families Party. “This amended ordinance is much weaker, but we hope to work with current and future commissioners to improve its coverage and enforcement.”

“Providing only 28 hours of earned paid time off for 80% of businesses in the county severely underestimates the real needs of workers experiencing real health or personal challenges like extended illnesses or addressing domestic violence,” said Stephanie Welch with New Mexico Center on Law and Poverty.  “Twenty-eight hours of leave per year to take care of yourself, family or loved ones is simply not enough for most employees. It should be increased in the future.”

Background

The Chair of the Bernalillo County Commission, Maggie Hart-Stebbins, introduced the original earned sick leave ordinance on May 14, 2019. After consulting with business and community groups, she introduced a compromise earned paid time off ordinance on June 25 that incorporated several of their suggestions. 

At the August 20 commission meeting, several additional amendments requested by business groups were made, including phasing in the ordinance over three years, delaying the start date until July 2020, reducing the penalties for non-compliance, and extending the time for county officials to investigate and exhaust remedies before an employee would be eligible to bring a complaint before the district court. 

At that same meeting, Commissioner Pyskoty introduced an amendment that would have severely limited the ordinance’s coverage. The majority of the Commission rejected the Pyskoty amendment. The ordinance passed with a three to two majority, with Commissioners Hart-Stebbins, O’Malley, and Quezada voting in favor. 

Medicaid Buy-in option already helping my family

Daisy Lira
This appeared in the Las Cruces Sun News on September 24, 2019.

I am a successful businesswoman, operating three child learning centers, and a Sunland Park City Councilor. I’m happily married, a devout Catholic and a mother of four. But until my husband started working for the City of El Paso a few weeks ago, I never had private health insurance. 

As a young, single mom, I had Medicaid. After I opened the centers and started making a small profit, they kicked us off. I thought that since I was finally making money I’d be OK. I was wrong. 

When it was absolutely necessary, I paid for doctor’s appointments out of pocket. Most of the time, I’d go to Juárez where a doctor’s visit was more affordable. Regular checkups for my kids were not an option. 

But there’s another option: Medicaid Buy-in. My fellow Sunland Park city councilors and I unanimously passed a resolution in support of it last year. The Legislature and Gov. Michelle Lujan Grisham have been working to put it in place. It would allow families like mine to pay monthly premiums to buy-in to the trusted, affordable care that Medicaid has provided for more than 50 years. ADVERTISING

When I met my husband, we started looking for insurance. We wanted to have more children. Obamacare wasn’t affordable. I tried to offer healthcare to my employees and myself through my business. I told them how much the center could pay and how much they would have to pay for private group insurance, but no one could afford to be covered. We all went without. 

My husband and I were thrilled to have a son. We made too much to qualify for Medicaid and still couldn’t afford private insurance. I paid out-of-pocket for my son’s urgent care visits for recurring ear infections. It was horrible to see him in pain and to scrape together the money to help him. 

When I got pregnant again, I couldn’t find a gynecologist who would accept someone without insurance. I finally went for a checkup with a doctor in El Paso. I had no idea that within a week I would miscarry. I didn’t know what was happening. I went to an urgent care that sent me to another urgent care. They told me that my body would get rid of the pregnancy. I lost that pregnancy in pain, crying with my husband. 

When I got pregnant again a year later, I was determined to get the care I needed. To pay for prenatal care, I leveraged a piece of land we bought to build a house on. Thankfully, I had a healthy pregnancy and a healthy baby.

Now that my family has health insurance, I’ve been making all kinds of appointments for my kids. My daughter hasn’t been eating well and I take her to see a nutritionist. My son has two cysts in his stomach and I’m finally able to pay for his surgery. I even made a dentist appointment for myself. 

I’ve started speaking out about healthcare access. At 5 p.m. Wednesday, Sept.25, please join me for a screening of the film “The Providers” at the Doña Ana Community College Espina Campus, 3400 Espina St, Las Cruces, Rooms DASH 75 & 77. After the movie, there will be a discussion about healthcare in our communities. 

I’ve been waiting five years to build a home for my family on the land we bought, but doctor bills have kept that dream from happening. Maybe now that dream will come true. Maybe now, with the promise of Medicaid Buy-in families like mine won’t have to go without the care they need and deserve.

Daisy Lira is a Sunland Park city councilor.

ACTION ALERT: Tell the Trump administration not to cut SNAP

We have a shared commitment in our country that no one should ever go hungry, but a new rule proposed by the Trump administration would cause approximately 12,261 New Mexicans to lose food assistance. The rule is so draconian, it  would drop thousands of children from  free and reduced school lunch across the state. 

We need your help to let the Trump administration know that you oppose this attack on New Mexico’s families! Submit your public comment by Monday, September 23.

The rule cuts food assistance by eliminating state ability to increase the gross income test for SNAP. Currently, states have the flexibility to set this test between 130% and 200% of the federal poverty level. New Mexico currently sets the gross income limit at 165% of the federal poverty level. 

In New Mexico over 6,639 single parents, including 2,961 single parents in school and 5,607 children are among those who would lose food benefits. Children who receive SNAP food assistance are categorically eligible for free and reduced lunch and are automatically enrolled. Children cut off of SNAP would lose this enrollment option.. 

Cuts to federal food assistance also hurt our local economy. Over $30 million in economic activity will be lost if New Mexicans lose federal food benefits under this rule. 

The proposal would also end streamlined enrollment options that reduce paperwork for families who are already receiving services funded by New Mexico’s Temporary Assistance for Needy Families Program. Under the proposal, these families would no longer be exempt from the burdensome requirement to document assets.. 

New Mexicans have fought back against similar policies proposed by the Martinez administration, and made it clear that we should fight hunger not hungry people. 

Deadline to submit your public comments: September 23, 2019. 

Submit your comments here: https://www.regulations.gov/document?D=FNS-2018-0037-0001 

What to include in your comment: 

Use the outline below to draft a comment that reflects your opposition to the rule. It does not have to be long or detailed. However, please write some original text to maximize the impact. 

1. Say you oppose the proposal: 

  • I strongly oppose the proposed rule that will take food assistance away from families. 

2. Explain the impact of the proposal on your community: 

  • If the Trump Administration implements the rule, approximately 12,261 New Mexicans will lose food assistance that includes 5,607 children. 
  • One in five New Mexicans participate in the SNAP program. 
  • New Mexico has the highest rate of food insecurity in the nation. According to 2019 USDA Economic Research Service data, 16.8% of New Mexico’s households are food insecure. 
  • The rule jeopardizes access to free and reduced lunch, because kids who are eligible for SNAP are also eligible for automatic enrollment free and reduced school lunch. 
  • The rule will cause a loss of approximately $30 million in economic activity, and SNAP dollars are spent in the local economy. 

3. Explain why the policy is wrong: 

  • The proposal runs contrary to the purpose of SNAP, which is to “safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households.” 
  • Losing SNAP can mean an increase in healthcare costs. A study published by the American Medical Association found that on average SNAP participation lowers an individual’s health care expenditures by approximately $1,447.00 per year. 
  • Families who work for low wages, or who cannot find enough work hours, will be expected to go hungry.

New Mexico must take action on health care

Cecelia Fred
This appeared in the Gallup Independent on September 3, 2019.

“Always take care of each other.” That was my parents’ advice to me and my brothers and sisters before we lost them both to cancer. We took that to heart. We are in close touch to this day.

I know that of the nine of us, though, my parents were likely most worried about who would take care of me after they were gone. I’m a paraplegic, the result of an accident with a gun when I was a little girl.

When I lost my parents, I didn’t realize how hard it would become for me to access health care.

Back then, specialists from Craig Hospital, a rehabilitation hospital in Denver that helps people with spinal cord injuries, came to New Mexico to take care of me and others in the community. Those doctors taught me about my body and my injury. They helped me understand how to care for myself. They held a Spinal Clinic on the Navajo Nation to check our kidneys and bladder, and make sure we were in good health.

That’s all changed over the years.

The specialists don’t come anymore. At the Gallup Indian Medical Center, the doctors and nurses are not spinal cord specialists and don’t know how to take care of us. When I was in the hospital, I couldn’t even move the bed and I had to ring the bell all the time. The staff got frustrated with me.

I’m also under a new plan through Medicaid and I’m struggling to figure out how it works. I don’t know what services are covered. And Indian Health Services doesn’t provide the supplies I need anymore. I have to pay for my catheters out-of-pocket.

My own doctor doesn’t really know how to take care of me; I have to tell her. At least she listens. When I told one doctor that I was developing a bladder infection, he didn’t believe me. “How do you know that? You’re a paraplegic. You don’t have feeling in that part of your body.” I know how my body and I deserve to be taken seriously and cared for. Getting health care should not have to be a fight. I have two sons. Like my parents, I worry about who will take care of my children when I’m gone. I’m not worried that they won’t take care of each other; I’m worried that the health care system won’t take care of them.

With the changes in access that I’ve seen and with the high cost to just see a doctor, I worry that my sons will have to choose between buying food and getting the care they might need.

That’s why I’m fighting for change. Yes, I go up to the Fourth Floor at the hospital and complain when I can’t get services or supplies. But the fight is bigger than that. New Mexico needs a health care system that works for everyone.

Through my advocacy work with New Mexico Together for Healthcare, I am supporting the effort to bring health care to every New Mexican. A promising option – Medicaid Buy-in – received start-up funding during the last Legislative Session. I’m excited to see Gov. Michelle Lujan Grisham and the Legislature taking steps to improve health care access and to reduce costs. Medicaid Buy-in would simplify the health care system and lower costs by allowing people who make too much for Medicaid and who can’t afford private insurance to pay for the quality, trusted care Medicaid has provided for more than 50 years.

But, really, I don’t care what new program is put in place – Medicaid Buy-in, a public option. No matter what you call it or how the details shake out, New Mexico must take action. We need a health care system that guarantees everyone access to the care they need and deserve.

My mom and dad were right. We all need to take care of each other. But it’s not just families that need to stick together. All New Mexicans need to stand together to build a health care system that works for us all.

Join me Wednesday, Sept. 4 at 5:30 pm at the Gallup Bingo Hall and share your story at the McKinley Townhall on Health care and Disabilities. Alice Liu McCoy, Executive Director of the New Mexico Developmental Disabilities Planning Council, will attend and share updates on where the state is headed and take questions.

Let’s raise our voices, tell our stories and work together to fix our health care system.

Cecelia Fred lives in Red Rock. She is a local health care advocate and an ambassador for the Christopher Reeve Foundation.

Bernalillo County passes paid time off law!

By Stephanie Welch, supervising attorney for Workers’ Rights 

The Bernalillo County Board of Commissioners passed a new law on Tuesday that ensures hardworking people don’t have to choose between a paycheck and taking time off to care for themselves or a loved one.

Unfortunately, most workers making low wages have no paid sick leave. If they or a family member become ill, they have to choose between getting paid and getting better. Those who can least afford to lose any income are the most likely to have to face that choice. 

Starting next July, people working in the unincorporated areas of Bernalillo County will have the right to 24 hours of paid leave a year. The number of hours of leave will increase each year until it reaches 56 in 2022. The ordinance is clear, simple, and easy to implement. It is the result of years of advocacy by workers, parents, survivors of domestic violence, medical professionals, teachers, and caregivers.

Unfortunately the ordinance doesn’t address the great need for paid sick leave in the City of Albuquerque. 35% of workers in Albuquerque lack access to paid sick leave.

That is about 106,000 people who work and live in Albuquerque and who cannot take time off to get medical care, heal, escape an abusive situation, or care for a loved one without losing much-needed income and risking being fired.

This is not just a local problem, it’s a statewide problem. New Mexico has the highest percentage among U.S. states of workers without access to paid sick leave. Thankfully Bernalillo County officials are trying to do something about it. Now the city, and the state, should follow their lead.

ACTION ALERT: Tell CYFD to make childcare assistance accessible to NM’s hardworking families!

New Mexico’s Childcare Assistance program through the Children Youth and Families Department gives families access to childcare while they work or attend school. However, only a third of eligible children access the program because of high copays and other problems. Childcare assistance helps parents improve their income and earning potential with the peace of mind that their children are in a safe environment.  

We need your help. Speak out at a public hearing August 30 and submit public comments asking CYFD to make childcare assistance accessible for New Mexico’s hard working families! 

Support positive changes: In late July, CYFD issued proposed regulations that change childcare eligibility requirements. Some of the changes were positive and resulted from our collective advocacy efforts earlier this year—including maintaining eligibility at 200% of the Federal Poverty Level for families entering the program and increasing eligibility to 250% of FPL for families exiting the program. CYFD also capped the fees for families’ enrollment and registration at $60 per year. 

Tell CYFD to also make critical changes: Families should only be required to pay an affordable share of childcare costs.

  • Families with incomes below the poverty line should not have copays. Families should not have to choose between paying for childcare or other basic necessities like food and clothing. Currently, CYFD charges copayments to families with incomes at or above 25% of FPL. This causes participation to drop by about half for some of the lowest income families in the state due to the high financial burden of the copayments. New Mexico should eliminate copayments for families living below the poverty line to ensure that families can access childcare and meet basic needs. 
  • Copays should be capped so they are affordable. Everyone should have access to affordable child care so they can pursue career and educational opportunities. CYFD has not set a cap on copayments and parents often pay more than 10% to 15% of their income towards child care costs, even when they are getting assistance. Federal guidance recommends that copayments be no higher than 7% of a family’s income to be affordable. Parents who cannot afford the copayment often have to reduce their work hours or seek alternative and often unreliable care. 

Childcare assistance needs to be more accessible to grandparents raising their grandchildren. If grandparents enroll grandchildren in a cash assistance program, the child automatically receives both cash and childcare assistance without any consideration of the grandparents’ income. However, many grandparents, especially those living on fixed incomes, who don’t know about or need cash assistance programs still need childcare assistance. The department should align its rules to make childcare assistance available to all grandparents raising grandchildren.

Childcare regulations should provide complete information about eligibility requirements. CYFD’s proposed regulations do not explain how the department counts income to determine eligibility or exactly what paperwork is required. Families have a right to know how CYFD makes these decisions. To be fair and effective, the program must be transparent and eligibility information must be accessible. 

Join the fight to make childcare assistance more affordable to New Mexico’s families!

Speak out at the public hearing Friday, August 30, at 10:00 a.m. in Apodaca Hall, 1120 Paseo De Peralta, Santa Fe, NM 87502.

Submit written public comments no later than August 30, 2019 at 10:00 a.m. by email to CYFD-ECS-PublicComment@state.nm.u with the subject line “8.15.2 NMAC Public Comment,” or via first class mail or hand delivered to Kimberly Brown, Child Care Services Bureau, Children, Youth and Families Department, P.O. Drawer 5160, Santa Fe, NM 87502-5160.  

You can find the full proposed changes at: 

http://164.64.110.134/nmac/nmregister/xxx/CYFDearly_Notice_xxx14.html 

Bernalillo County Commission to Vote on Paid Sick Leave/Paid Time Off Ordinance

Bernalillo County– The Bernalillo County Commission will vote on a paid sick leave/paid time off ordinance Tuesday, August 20 at 4:00 p.m. in the Vincent E. Griego Chambers at One Civic Plaza. Supporters and advocates of paid sick days will be attending to share testimonies in support of having paid sick leave for hardworking families and urge commissioners to vote “Yes” to help build a thriving community and economy. 

WHAT: County Commission to Vote on Bernalillo County Paid Sick Leave Ordinance

WHEN: Tuesday, August 20, 2019 at 4:00 p.m.

WHERE: Vincent E. Griego Chambers, One Civic Plaza, Albuquerque, NM

WHO: Supporters and Advocates of paid sick leave

###

Supporters of the paid sick leave ordinance includes: AARP, Center for Civic Policy, El Centro de Igualdad y Derechos, Enlace Comunitario, Equality New Mexico, the New Mexico Center on Law & Poverty, New Mexico Voices for Children, New Mexico Working Families Party, OLÉ, Strong Families New Mexico, and the United Food & Commercial Workers.

Survivors of Domestic Violence to Hold Press Conference in Support of Paid Sick Leave Bill

Albuquerque, NM– Survivors of domestic violence and advocates for paid sick leave will hold a press conference in support of Bernalillo County’s paid sick leave ordinance on Monday, August 19 at 11:30 a.m. at Enlace Comunitario (2425 Alamo Ave SE). Supporters of paid sick days will be attending to share their testimonies of how this bill will help others in similar situations and how paid sick leave can be considered as paid “safe time”.

WHAT: Survivors of domestic violence share why paid sick leave can help others

WHEN: Monday, August 19, 2019 at 11:30 a.m.

WHERE: Enlace Comunitario, 2425 Alamo Ave SE, Albuquerque, NM 87106 

WHO: Domestic violence survivors and advocates for paid sick leave

###

Supporters of the paid sick leave ordinance includes: AARP, Center for Civic Policy, El Centro de Igualdad y Derechos, Enlace Comunitario, Equality New Mexico, the New Mexico Center on Law & Poverty, New Mexico Voices for Children, New Mexico Working Families Party, OLÉ, Strong Families New Mexico, and the United Food & Commercial Workers.

Trump’s alarming “Public Charge” rule attacks immigrants, threatening access to food and healthcare

The Trump administration greenlights rule despite massive public opposition

ALBUQUERQUE—Widespread, devastating impact looms as the Trump administration sidesteps Congress with “Public Charge” changes. The expanded “Public Charge” rule allows the government to deny permanent residency (green cards) and visa renewals to lawfully present immigrants who participate in basic need programs like Medicaid, housing assistance, and SNAP food assistance. The rule also adds specific requirements into the public charge test, including income, age, health and English proficiency. Advocacy groups condemn the new rule, which goes into effect October 15, 2019.

“Immigrant communities contribute so much to the cultural, civic, and economic fabric of our state and nation,” said Fabiola Landeros, a community organizer with El CENTRO de Igualdad y Derechos. “Once again the Trump administration is targeting our communities, persecuting the most vulnerable based on their economic status, and trying to minimize our political power. No family should be forced to choose between feeding their children or having access to medical care or risking family separation. In New Mexico, we value taking care of our families and neighbors. As Nuevo Mexicanos, we need to look for solutions to provide safety net services for our communities and we must fight back against Trump’s racist agenda by continuing to organize and building upon our legacy in New Mexico of supporting immigrant integration.”   

“The expanded public charge rule is an attack on all immigrants, including children and seniors who, like any working American, may need to access supplemental benefits at any point such as subsidized housing or food stamps,” said Kay Bounkeua, Executive Director of the New Mexico Asian Family Center. “The Asian population has a high rate of family sponsorships and limited English proficiency—the expanded testing will result in keeping families apart and undermine the strengths and contributions of a racially diverse community.”

Congress made many lawfully present immigrants eligible for basic needs assistance to promote economic stability. Historically, administrations of both parties have only considered receipt of cash benefits and institutional care as reasons to deny lawfully present immigrants visa renewals or to deny their application for permanent residency. 

“We have a shared responsibility to make sure no one in our community, especially children, go without basic needs,” said Teague Gonzalez, an attorney at the New Mexico Center on Law and Poverty. “Immigrants contribute exponentially more to our tax system that supports basic benefit programs than they draw in direct assistance. Trump’s new rule furthers a cruel and racist agenda meant to separate families and spread fear. It will turn the U.S. immigration system into a pay-to-play game that unfairly favors the wealthiest households.”

“We envision a vibrant New Mexico where all people—regardless of immigration status—can achieve their full potential and are treated with dignity and respect,” said Eduardo García, an attorney with the New Mexico Immigrant Law Center. “This harsh change in policy targeting immigrants goes against our core values. It is a tactic to spread fear among immigrants, discourage immigration, and harm immigrants by preventing them from having access to public resources. Further, this policy change and the ugly rhetoric behind it continue to fuel hatred, xenophobia, and racism against immigrants. Nonetheless, we will fight back and NMILC will provide guidance to people that need it.” 

“We are saddened by the Trump administration’s decision to force our country’s green card applicants to make an impossible choice between legally receiving public benefits and getting their green cards, both of which they need to succeed in our country,” said Tess Wilkes of the Santa Fe Dreamers Project. “The complexity of this rule change will discourage many eligible folks in the immigrant community from even applying for much-needed public benefits for themselves and their children, at a time when many of them already feel under attack.”

The proposed changes to public charge policy are already causing significant harm. Fear and confusion is creating a chilling effect, causing people to disenroll from programs and forgo benefits. The impact is far-reaching in New Mexico—nearly one in 10 New Mexicans is an immigrant, and one in nine have immigrant parents. Over 77,000 U.S. citizen children in New Mexico live with at least one immigrant parent and are in a family that receives basic food assistance. A Manatt Health analysis estimates that, across the country, as many as 26 million people and their families could be dissuaded from using public benefits under the proposed rule change. 

“The American spirit is rooted in the welcoming of the stranger into our communities—it is in the belief that all coming to our communities should be cared for and that everyone has the opportunity to be given the resources necessary to climb out of poverty and contribute to the community,” said James Gannon, CEO of Catholic Charities. “Throughout the history of this nation, the foreign born welcomed into our community have contributed to and strengthened the fabric of our nation, and participated in our national defense and advanced our society. Penalizing through an expansion of public-charge testing of immigrants will only lead to self-injury to the American society and our nation.” 

New Mexico stands to lose as many as 2,700 jobs and nearly $400 million in economic activity because eligible New Mexicans will forego federal benefits that flow directly into the state’s economy. Immigrant-led households in New Mexico paid $756.9 million in federal taxes and $394.3 million in state and local taxes in 2014.

“The vast majority of children in New Mexico–97%–are U.S.-born citizens. But that shouldn’t matter. Every child living in New Mexico, regardless of where they or their parents were born, deserves the healthcare, food assistance, and other benefits they’re eligible for and need in order to thrive,” said James Jimenez, executive director of New Mexico Voices for Children. “As with the family separations–which are still going on–this is an unconscionable and racist immigration policy that will have very negative, life-long consequences for children.”

“Punishing people for accepting help with food, housing, and medical care that they are eligible for, and have contributed tax dollars to, will have devastating and widespread effects on New Mexico’s communities,” added Gonzalez. “The expanded rule will push people further into poverty, separate families, and lead to overall worse health outcomes and higher rates of food insecurity in our state. We are already hearing from families who are afraid to seek help for their children.” 

For more information please see the following handouts in English and Spanish. People concerned about their benefits or immigration status should speak to an immigration attorney about the best route for families to take.
 

Trump’s new rule would roll back civil rights protections in healthcare law

Nondiscrimination protections under the ACA are at risk

ALBUQUERQUE—In a move that will especially harm trans people, the LGBTQ+ community, patients who speak languages other than English, and people who need access to abortion services, the Trump administration proposed rolling back enforcement of nondiscrimination protections under the Affordable Care Act. New Mexico advocates who champion access to healthcare urge New Mexicans to publicly oppose Trump’s latest threat to healthcare accessibility.  

The ACA’s landmark nondiscrimination provision, known as Section 1557 or the Health Care Rights Law, protects patients from discrimination based on race, color, national origin, sex, age, and disability. Comments on proposed changes to Section 1557 must be submitted with the Federal Register by August 13, 2019.

“Discrimination has no place in health care,” said William Townley, New Mexico Center on Law and Poverty Healthcare Attorney. “Rolling back Section 1557 would allow discrimination and stereotyping to override patient care. This will endanger the health and lives of many New Mexicans and create needless confusion for providers and patients alike. We encourage individuals and groups to submit public comments with the Federal Register voicing opposition to the rollback of these important legal protections.”

“A patient’s health and wellbeing should always come first,” said Adrian N. Carver, Equality New Mexico Executive Director. “Giving healthcare professionals a license to discriminate against queer and transgender people is unacceptable. Rules that allow providers to ignore standard medical best practices and instead put their personal beliefs before patient health has the potential to gravely harm thousands of people and their families’ health. Our community must submit comment on these rules because, if enacted, these regulations threaten to completely upend the careful balance of religious freedom and other important human rights and instead grant providers a license to put their personal views before the healthcare needs of the patient.” 

The Trump administration is proposing rules that would reinterpret Section 1557 by

  • exempting a broad number of healthcare programs and entities from having to comply with Section 1557’s nondiscrimination provisions;
  • eliminating nondiscrimination protections for LGBTQ+ persons from regulations;
  • ending provisions that ensure people who speak languages other than English receive critical notices in the language they speak; 
  • removing protections against health plan designs that discriminate against people with serious or chronic health conditions.

“In addition to erasing the gender identity of individuals who identify outside of the binary choices of male or female, the proposed rule would gravely harm access to healthcare. The rule would let hospitals and clinics refuse to provide abortions based on religious or conscience concerns, even when there are no other providers in the area that could provide care,” said Terrelene Massey, Southwest Women’s Law Center Executive Director. “In a state such as New Mexico, which is largely rural, people do not always have a choice for where to go. In Santa Fe County, for example, the main provider of healthcare services is Catholic affiliated. Finding a medical provider without religious or conscience concerns would require a person to travel great distances and likely pay additional costs for using a provider out of their insurance network. The proposed Section 1557 changes could result in great bodily harm or even death to some, simply because of where they happen to live.”

Individuals can submit comments on proposed changes to Section 1557 at: https://www.federalregister.gov/documents/2019/06/14/2019-11512/nondiscrimination-in-health-and-health-education-programs-or-activities