New Mexico Families Celebrate Legislature’s Funding Medicaid Buy-in

Money Appropriated to Study, Develop Innovative Health Coverage Plan

SANTA FE—New Mexico Together for Healthcare on Saturday celebrated a big win for New Mexico families after the Legislature adjourned having appropriated funding to the Human Services Department to further study and begin the administrative development of a Medicaid Buy-in plan, including pursuing federal funding to help pay for it.

“This is a tremendous step forward,” said Strong Families New Mexico Field Director Adriann Barboa. “Because of the leadership of the New Mexico Legislature, our state is leading the nation in moving forward toward creating a Medicaid Buy-in plan so that all families can access quality, affordable healthcare coverage.”

Between the two “Junior” spending bills, SB 536 and HB 548, the Legislature allocated $142,000 for Fiscal Year 2020 for the “study and administrative development of a Medicaid Buy-in plan.”

Initial study of a potential Medicaid Buy-in plan in New Mexico, which was called for by memorials passed in the 2018 legislative session, showed that a buy-in is a cost-effective way to insure the thousands of New Mexicans who are currently without coverage. The additional study called for by the Legislature this year will build on previous research and specifically explore ways to set up the plan to cover the most people possible. The “administrative development” component allows HSD to prepare to implement Medicaid Buy-in, including seeking federal waivers to receive federal financing for the plan.

“No New Mexican should go without healthcare because they cannot afford it,” said Abuko D. Estrada, Supervising Attorney for Healthcare with the New Mexico Center on Law and Poverty. “Without health insurance coverage, though, 190,000 New Mexicans currently have to choose between putting food on the table and seeing a doctor. With the Legislature’s support for Medicaid Buy-in, families will no longer have to make those impossible choices.”

Maria Burciaga, a promotora from Sunland Park, applauded the Legislature for appropriating the funding.

“With many other families, my brother-in-law and I spent as much time as we could over the past two months in Santa Fe talking with legislators, testifying in committees and educating people about Medicaid Buy-in,” Burciaga said. “This funding shows that the Legislature listened to the people. New Mexicans need access to affordable healthcare.”

In addition to the families who spoke out at the Legislature, recent statewide polling found strong support, regardless of political affiliation, for Medicaid Buy-in in New Mexico.

The Medicaid Buy-in is a healthcare coverage plan that would be administered by the state and would allow eligible New Mexico residents to pay affordable monthly premiums to receive the same trusted health coverage that Medicaid has provided for more than 50 years.

“For too long too many New Mexicans have had to choose between paying their bills and getting the healthcare they need,” Colin Baillio, Director of Policy and Communication with Health Action NM said. “New Mexicans—and the members of Legislature–know that it’s time for a change. With this investment in developing a Medicaid Buy-in plan, we will create the change families need and deserve.”

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NM Together for Healthcare is a statewide, multiracial coalition of families and community organizations working together to strengthen healthcare access in New Mexico, supported by Strong Families New MexicoNew Mexico Center on Law and Poverty, Health Action New Mexico and United States of Care. The campaign’s website is http://nmtogether4health.org/ Follow the campaign on Facebook @NMTogether4Healthcare and Twitter @NMT4HC.

Bill guaranteeing basic wage protections for home care and domestic workers passes into law

SANTA FE—A bill passed into law yesterday that ensures home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections. Senate Bill 85, Domestic Service in Minimum Wage Act, is sponsored by Sen. Liz Stefanics and Rep. Christine Trujillo.

“This is a historic win for domestic and home care workers,” said Carlota Muñoz, a member of El CENTRO de Igualdad y Derechos. “During my employment at a cleaning service company, I stopped receiving payments for the hours I was working. I felt helpless and felt my work was not being given any respect. I am proud of the services I provide for my community, and I am glad to see this law go into effect that will provide workers like me more protections and assurance that their work will be valued like any other.”

Domestic workers have been left out of many labor protections throughout history, and typically have very few options when they’re not paid. SB 85 ends the exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

“We are proud of the work that domestic workers provide,” said Alicia Saenz, also a member of El CENTRO de Igualdad y Derechos. “There is nothing more important than taking care of New Mexico’s children, elderly, and family members with disabilities. It is invisible work, fraught with exploitation such as wage theft, and historically, our work has not been given the value it deserves. SB 85 is a step in the right direction to remedy that and to extend protections to enable us to assert our rights. We will continue to organize domestic workers and low-wage workers until all workers are treated with the dignity and respect that we deserve.”

New Mexico law generally requires employers to pay employees minimum wage and overtime, keep records, and pay employees in full and on time. However, like other wage laws enacted in the 1930s, it excluded large categories of work typically performed by women and people of color from the minimum wage and other protections.

“Domestic workers and home care workers have difficult and important jobs that we depend on,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “This legislation eliminates outdated, discriminatory practices in New Mexico so people doing some of the toughest jobs, like caring for others’ loved ones and cleaning houses, are treated fairly and can seek recourse when they are not.”

Federal law eliminated its exclusion of domestic workers years ago, but lacking state protections, New Mexicans who work in people’s homes were not protected and subject to low or no pay and exploitative situations.

With the passage of SB 85 into law, domestic and home care workers will now be covered by New Mexico’s wage laws, and the New Mexico Department of Workforce Solutions can investigate their complaints, enforce their rights, and recover their wages and damages.

The New Mexico Legislature recognized that it’s high time to ensure all workers, including people who work hard in other people’s homes, are guaranteed fundamental labor protections just like everyone else,” said Adrienne R. Smith of New Mexico Caregivers Coalition. “Domestic workers’ historical exclusion from the federal labor laws is an ugly vestige of slavery. The federal government righted that wrong years ago. We are overjoyed that today New Mexico has finally done so as well.”

The New Mexico Senate passed SB 85 on February 18. The House of Representatives passed it on March 12.

New Mexico workers win significant wage increase

Santa F.–New Mexico workers and their families celebrated on Friday after the House of Representatives and the Senate agreed to a legislative compromise reached in conference committee that will raise the state’s minimum wage for the first time in over 10 years. The proposal now heads to the governor’s desk for final signature.

A statewide minimum wage coalition mobilized hundreds of workers from across New Mexico during the session in support of a wage hike, coalescing around Rep. Miguel García’s (D-Bernalillo) $12 minimum wage bill (HB 31).

During a conference committee late Thursday night between members of the House and Senate, led negotiations in a final compromise that:

  • Gradually increases state minimum wage to $12 an hour by 2023
  • Gradually increases the “tipped credit” for tipped employees to $3 an hour by 2023
  • Allows for a new sub-minimum wage for students at $8.50 an hour
  • Does not include an annual cost of living adjustment

Below are reactions from low-wage workers and community organizations across New Mexico:

“This is a victory for New Mexico’s working families and came about as a result of years of organizing efforts lead by low-wage workers,” said Margarita Castruita Flores a member of El CENTRO de Igualdad y Derechos. “We are proud of the contributions that low-wage workers make to our State and this compromise bill is a step in the right direction for our families to obtain financial stability. There is still a lot of work ahead and we will continue to organize our communities to obtain a living wage for all workers in New Mexico.

“Workers and champions like Rep. Miguel Garcia refused to give up,” said Marcela Diaz, Executive Director for Somos Un Pueblo Unido. “By raising the minimum wage, the legislature finally recognized that workers are the backbone of New Mexico’s economy and should be compensated fairly. Getting to $12 per hour will make a big difference for our families in rural communities and local economies.”

OLÉ member Cristal Carter said, “$12/hour by 2023 is a big win for ALL hardworking New Mexico families. We fought hard for this and it shows. Families will now have the stability they need to thrive in our communities because over 200,000 workers across the state of New Mexico will receive the raise they deserve.”

“An increase in the minimum wage will mean a better living situation for the folks in our community who need it the most — people working hard, full time and still on the brink of poverty. It was more difficult than it should have been for the voices of workers to be heard at the legislature and we will continue to stand shoulder to shoulder in the fight for a living wage and true economic security for families across New Mexico,” said J.D. Mathews, State Political Director for New Mexico Working Families Party.

“This victory is the result of workers from all across New Mexico coming together to push for wages that respect their work and allow them to provide for themselves and their families,” said Stephanie Welch, a supervising attorney at the New Mexico Center on Law and Poverty. “The increase will help people who receive the lowest wages in the state finally recover some of their lost spending power. It was high time they saw a raise. The cost of living has gone up over the last 10 years, but the minimum wage stayed flat.” 

ACTION ALERT- Stop Trump’s attack on food assistance!

Federal food assistance was created to increase nutrition levels and eliminate hunger. However, a new rule proposed by the Trump administration threatens food assistance for more than 27,000 New Mexicans and 755,000 low income adults nationwide.

Federal law already requires that states limit SNAP eligibility to just three months out of every three years for unemployed and underemployed adults without dependent children unless they can document 20 hours of work a week.

Now the Trump administration has proposed to make the time limits even harsher with a rule that would prevent states from waiving these draconian time limits in areas with too few jobs.

Please tell the Trump administration to abandon this unfair rule!

New Mexico has implemented a statewide waiver of the time limits for decades because our unemployment levels have been more than 20 percent above the national average.

New Mexico has some of the highest rates of food insecurity in the United States, and SNAP has been a critical tool in addressing hunger. But counties like Catron, Cibola, McKinley, Mora, Sierra, Taos, and Torrance—with unemployment rates over seven percent—would likely no longer qualify for a waiver. The same would be true for most Native American communities in the state.

Protect food security in New Mexico and the nation by submitting your public comment! Deadline: April 2, 2019.

Submit your comment here: https://www.federalregister.gov/documents/2019/02/01/2018-28059/supplemental-nutrition-assis

Below is some content to include in your comment. To maximize its impact, make sure your comment has at least one third original text. 

Food for the hungry shouldn’t have a time limit!

  • This rule will only increase hunger. The adults who would be affected by the new rule are some of the lowest income of all SNAP participants. USDA data shows that those likely to be cut off by the time limit have average monthly income of about 17 percent of the poverty line.
  • There is no evidence that the rule increases employment or earnings, but data from states that implemented the time limit, show that the vast majority of adults simply lost SNAP benefits without finding employment.
  • Food banks and charities cannot fill the need. Roadrunner Food Bank reports that they have increased their distribution of food by 70 percent over the last ten years, but it is still not enough.
  • Losing SNAP hurts grocers and our local economies. SNAP benefits are spent at more than 1,588 authorized retailers in New Mexico, including grocers and local food retailers around the state. About $693 million of SNAP benefits were redeemed in New Mexico in 2016. The average New Mexico SNAP benefit in FY 2017 was $121. When multiplied by the 27,244 people who could lose benefits under the proposed rule, up to $3,296,524 federal dollars could leave the state.
  • New Mexico could lose more than $5.5 million in economic activity because SNAP dollars have a multiplier effect. $1.7 dollars is generated for every SNAP dollar spent.
  • Losing SNAP will mean an increase in public 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 per year.
  • The rule sidesteps Congress, which rejected these changes in the 2018 farm bill.
  • The rule is costly and difficult for New Mexico to administer. Governor Martinez attempted to implement these requirements despite New Mexico’s high unemployment. The federal court found that the state could not implement the requirements without terminating assistance to eligible adults.

More information about SNAP in New Mexico:
https://www.cbpp.org/research/food-assistance/a-closer-look-at-who-benefits-from-snap-state-by-state-fact-sheets#New_Mexico

Bill closing loopholes in small loans law awaits governor’s signature

SANTA FE—The New Mexico Senate passed a bill today cleaning up state law that regulates storefront lenders. House Bill 150, Installment & Small Loan Changes, protects New Mexico borrowers by ensuring accountability and transparency in the storefront lending industry. The bill now awaits Governor Michelle Lujan Grisham’s signature for approval.
 
“Everyone deserves fairness and transparency when taking out a loan,” said Lindsay Cutler, attorney at the New Mexico Center on Law and Poverty. “HB 150 cleans up loopholes in state law by mandating effective data reporting to the state and providing consistency so all New Mexico families can receive fairer loans.”

New Mexico’s first across the board interest rate cap went into effect in January 2018, capping interest rates on storefront loans at 175 percent APR. However, high fees and loan rollovers continue to drain income from New Mexico borrowers. The two laws that regulate storefront lenders, the Small Loan and Bank Installment Loan Acts, still contain inconsistent fee and disclosure provisions, do not require sufficient reporting to the state’s Financial Institutions Division to enforce consumer protections, and do not make clear borrowers’ rights on loan renewals.

If signed into law, HB 150 would:

Require lenders to provide effective data on small loans, enabling the FID to verify storefront lenders are adhering to small loans law and for the state to evaluate how the law is impacting New Mexicans;

  • Allow borrowers 24 hours to rescind a high-interest loan;
  • Align fee provisions and disclosure requirements so consumer protections are consistent for all borrowers;
  • Protect New Mexican borrowers from potential loopholes when they renew or rollover loans by clarifying the definition of new loans; and
  • Align the penalties for violating the small loan laws and the language around the Unfair Practice Act to ensure that companies are held accountable for unfair and deceptive and unconscionable practices.

“The small loan industry makes hundreds of millions of dollars from hardworking New Mexico families,” said Cutler. “ We need our laws to be clear of ambiguities and provide meaningful consumer protections that hold small loan companies accountable. We’re optimistic that the governor will sign the bill. Small loan reform is absolutely necessary if we hope to stop predatory lending practices.”

Bill guaranteeing basic wage protections for home care and domestic workers awaits governor’s signature

SANTA FE— Today, the New Mexico House of Representatives passed Senate Bill 85, sponsored by Sen. Liz Stefanics and Rep. Christine Trujillo, which would ensure home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections. The bill will now go to Governor Michelle Lujan Grisham’s desk for approval.

Domestic workers have been left out of many labor protections throughout history, and typically have very few options when they’re not paid. SB 85, Domestic Service in Minimum Wage Act, ends the exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

“Domestic workers and home care workers have difficult and important jobs that we depend on,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “SB 85 eliminates outdated, discriminatory practices in New Mexico’s labor protections so people doing some of the toughest jobs like caring for our loved ones and cleaning our houses are treated fairly, and can seek recourse when they are not.”

New Mexico law generally requires employers to pay employees minimum wage and overtime, keep records, and pay employees in full and on time. However, like other wage laws enacted in the 1930s, it excluded large categories of work typically performed by women and people of color from the minimum wage and other protections. The New Mexico Legislature has recognized that it’s time to ensure all workers, including people who work hard in other people’s homes, are guaranteed fundamental labor protections just like everyone else.

“We are optimistic that Governor Lujan Grisham will sign SB 85 into law, guaranteeing domestic workers are no longer ignored in the eyes of the law,” said Adrienne R. Smith of New Mexico Caregivers Coalition. “Cleaning houses and taking care of elderly people or children demands dedication, time, and experience. The people who are in these life-saving roles deserve our respect and the same protections as all other workers.”

Federal law has since eliminated its exclusion of domestic workers, but without state protections, New Mexicans who work in people’s homes are not protected and may be subject to low or no pay and exploitative situations. If domestic workers were covered by New Mexico’s wage laws, the New Mexico Department of Workforce Solutions would investigate their complaints, enforce their rights, and recover their wages and damages.

Memorial to expand home visiting services passed by Senate Public Affairs Committee

SANTA FE— A memorial establishing an advisory council to develop a plan for the statewide expansion of a Medicaid-financed home visiting system in New Mexico, will head to the Senate floor following a “do-pass” vote today in the Senate Public Affairs Committee. Home visiting programs provide support and critical assistance for families that range from health care to emotional and social supports at a crucial time in a child’s brain development. Senate Memorial 117, Medicaid Home Visiting Program Council, is sponsored by Senator Linda M. Lopez.

“Every child deserves the best start from birth. Nurturing our state’s youngest children is key to ensuring they grow up healthy and prepared to succeed in life,” said William Townley, attorney at the New Mexico Center on Law and Poverty. “We’re optimistic that the memorial will pass the Senate.”

If passed by the New Mexico Senate, SM 117 would convene a council of home visiting providers and heads of the Human Services Department, Children, Youth and Families Department, Department of Health, and the Children’s Cabinet to make recommendations for expanding home visiting across the state through Medicaid financing.

Research shows that home visiting helps establish a strong foundation for families so children can grow up healthier and parents can develop stronger parenting skills. Home visiting programs that currently exist in New Mexico provide a team of professionals to help families learn about healthcare, child development, and parenting skills. Other services can include screening mothers for postpartum depression, supporting breastfeeding, and connecting families to community activities.

Unfortunately, most New Mexican families do not have access to home visiting services. Most services are offered by private non-profits that cannot scale up to meet the large unmet need in the state.

“Offering education early in a child’s life is essential in helping families succeed,” said Townley. “It would be good for everyone in New Mexico if more families could access home visiting.”

ACTION ALERT: Ask the Senate Education Committee to Support Multicultural Education

March 7, 2019

In the final stretch of this legislative session, a number of bills supporting a more inclusive education system – one that supports the diverse languages and cultures of our students – will be decided on in committee this week.

Tomorrow, the Senate Education Committee will discuss HB 111, HB 120, and HB 159, and we need you to show your support for a multicultural education system. 

We know students perform better when their materials and coursework are relevant to their identity. HB 111, HB 120, and HB 159 each provide the support our public education system needs to honor the diverse languages, heritages, and cultures of New Mexico’s students in the classroom.

Please call the Senate Education Committee members and ask them to ensure our public education system will support the education of the culturally and linguistically diverse students of New Mexico. 

More on the Issues

HB 159 “Multicultural Education Framework” is sponsored by Representatives Tomás E. Salazar, Christine Trujillo, and Derrick J. Lente.

It aligns the New Mexico Indian Education Act, Hispanic Education Act, and Bilingual Multicultural Act to establish a foundation in the public education system for supporting the education of culturally and linguistically diverse students across New Mexico.

HB 111  “Cultural and Linguistic Education Support” is sponsored by Representatives Tomás E. Salazar, Linda M. Trujillo, and Derrick J. Lente

We know that students in rural New Mexico are underserved by the public education system, despite their success being just as critical to New Mexico’s future. Funding for rural school districts and cooperatives from HB 111 will build the capacity for teachers in these areas to gain the skills necessary to teach in bilingual and multicultural classrooms.

HB 120 “Bilingual Teacher Preparation Act” is sponsored by Representatives Tomás E. Salazar, Christine Trujillo, Joy Garratt, and Derrick J. Lente

Without bilingual teachers, we cannot adequately address the needs of our English language learner students. HB 120 will increase the number of bilingual and TESOL-endorsed teachers in New Mexico by making it possible for them to receive grants to help pay for degrees or endorsements in bilingual/multicultural education or TESOL.

What You Can Do

Please call members of the Senate Education Committee and ask for their support of HB 159, HB 111, and HB 120. 

Sen. Mimi Stewart | (505) 986-4726 | mimi.stewart@nmlegis.gov
Sen. William Soules | (505) 986-4834 | bill.soules@nmlegis.gov
Sen. Michael Padilla | (505) 986-4267 | michael.padilla@nmlegis.gov
Sen. Gabriel Ramos | (505) 986-4863 | gabriel.ramos@nmlegis.gov
Sen. Bill O’Neill | (505) 986-4260 | oneillsd13@billoneillfornm.com
Sen. Candace Gould | (505) 986-4266 | candace.gould@nmlegis.gov
Sen. Craig Brandt | (505) 986-4385 | craig.brandt@nmlegis.gov
Sen. Greg Fulfer | (505) 986-4278
gregg.fulfer@nmlegis.gov
Sen. John Pinto | (505) 986-4835

House passes bill closing loopholes in small loans law

SANTA FE—The New Mexico House of Representatives passed a bill today cleaning up state law that regulates storefront lenders. HB 150 protects New Mexico borrowers and ensures accountability and transparency in the storefront lending industry.
 
“All New Mexicans deserve access to fair and transparent loans under reasonable terms, but unfortunately, the current law has loopholes that fail to carry out the legislature’s intent to protect borrowers,” said Lindsay Cutler, attorney at the New Mexico Center on Law and Poverty. “HB 150 proposes effective data reporting requirements and consistency in consumer protections for all borrowers, ensuring New Mexico families receive fairer loans and that the state can better monitor storefront lenders.”

New Mexico’s first across-the-board interest rate cap went into effect in January 2018, capping interest rates on storefront loans at 175 percent APR. Yet high fees and loan rollovers continue to drain income from New Mexico borrowers. The two laws that regulate storefront lenders, the Small Loan and Bank Installment Loan Acts, still contain inconsistent fee and language provisions, do not require sufficient reporting to the Financial Institutions Division to enforce consumer protections, and do not make clear borrowers’ rights on loan renewals.

If passed by the Senate and signed into law, HB 150 would:

  • Require lenders to provide effective data on small loans, enabling the FID to verify storefront lenders are adhering to small loans law and evaluate how the law is impacting New Mexicans;
  • Allow borrowers 24 hours to rescind a high-interest loan;
  • Align fee provisions, disclosure requirements, and penalty provisions so consumer protections are consistent for all borrowers; and
  • Define what it means to make a new loan to protect New Mexican borrowers from potential loopholes in loan rollovers and renewals.

“The small loan industry makes hundreds of millions of dollars from hardworking New Mexico families,” said Cutler. “The House has taken an important step in passing HB 150 and we are optimistic that the Senate will follow suit. We cannot allow lenders to continue to circumvent protections put in place two legislative sessions ago. Small loan reforms are absolutely necessary if we hope to meaningfully stop predatory lending practices.”

ACTION ALERT: Senate Corporations & Transportation Committee Hearing on HB31 to Raising NM’s Minimum Wage

Hardworking New Mexicans should be paid a livable wage! It’s time the state’s minimum wage is raised, including the wage for tipped workers. Join us for the 3rd Senate committee hearing on HB 31, a proposal that would increase New Mexico’s minimum wage to $12 per hour, phased in by 2022, and set the server wage at 30 percent of the regular minimum wage.

WHAT: Senate Corporations & Transportation Committee Hearing on HB31

WHEN: Tuesday, March 5th starting at 2:00 p.m.

WHERE: Room 311, the Roundhouse, 490 Old Santa Fe Trail, Santa Fe, NM 87501

                     (Make sure to arrive before 2:00 p.m. to get a seat!)

No one should be expected to work for next to nothing. Raising New Mexico’s minimum wage, for the first time in over a decade is a step in the right direction to ensure that ALL families in our state have a better future!

Can’t make it in person? Here are some ways you can still support: