Paid sick leave, halting evictions & benefits terminations necessary to mitigate COVID-19 impact on New Mexicans

Groups provide state leaders multiple strategies to protect New Mexico’s residents

ALBUQUERQUE—Advocacy groups from across the state urged New Mexico’s leaders to exercise their emergency powers and provide emergency assistance, access to healthcare, and other relief to stem the rising financial insecurity and income inequality caused by the coronavirus crises. 

The recommendations were sent to Governor Lujan Grisham, Attorney General Balderas, Chief Justice Nakamura, Speaker Egolf, Senator Papen, Mayor Keller, Mayor Webber, Mayor Hull, and Mayor Miyagishima. 

“Our state’s response must focus on and involve the communities already experiencing the impact of economic inequality,” states the letter sent by the New Mexico Center on Law and Poverty, Forward Together, Strong Families New Mexico, Lutheran Advocacy Ministry – New Mexico, New Mexico Coalition to End Homelessness, New Mexico Voices for Children, NM Comunidades en Acción y de Fé – CAFé, Health Action New Mexico, United South Broadway, Fair Lending Center, Southwest Organizing Project (SWOP), Catholic Charities – Archdiocese of Santa Fe, New Mexico Social Justice Equity Institute, McKinley Co. Assn. of Retired Educators, and multiple individuals.

Recommendations include:

Protect workers 

  • Enact emergency paid sick leave and pass local paid sick leave ordinances that guarantee paid sick leave for all workers. 
  • Eliminate the one-week delay in unemployment benefits. 

Ensure economic security 

  • Create a new emergency income assistance program. 
  • Stay wage garnishments and bank levies in the courts. 
  • Streamline access to Medicaid, Supplemental Nutrition Assistance Program (SNAP), and cash assistance for workers who have lost their jobs by allowing enrollment when filing for unemployment insurance. 
  • Extend eligibility, suspend work requirements and sanctions, and delay all public benefits recertification requirements. 

Healthcare for all 

  • Provide for immediate access to healthcare through Medicaid for all Medicaid applicants.  
  • Assure immigrant communities that screening and treatment for COVID-19 do not impact public charge determinations and will not have immigration consequences. 
  • Ensure hospitals and clinics are safe spaces regardless of immigration status.  
  • Require employers maintain health insurance benefits regardless of reduction of work hours resulting from the pandemic. 
  • Call for a federal amendment to the Medicaid statutes to add a state option extending coverage to the uninsured for all medical services in connection with COVID-19. 

Moratorium on evictions, foreclosures, towing, and utility shut offs 

  • Stay all court eviction and foreclosure proceedings statewide to slow the spread of COVID-19 and prevent an increase in homelessness in New Mexico.   
  • Create a rent relief fund to help impacted families. 
  • Stop all utility shut offs. 
  • Place a moratorium on towing vehicles. 

Include all New Mexicans in the response to this crisis 

  • Protect New Mexicans without homes by providing emergency resources to shelters and on-location medical care.
  • Local governments should affirm their institutional commitment to all immigrant community members who may be targets of xenophobic behavior. 
  • Reduce the number of people in custody and release nonviolent defendants and people serving sentences for nonviolent offenses. 

The groups commend government officials and state leaders for the expedient initial steps already taken to mitigate the harm New Mexicans are facing. However, the groups maintain that much remains to be done without delay to protect the wellbeing of all New Mexico’s families.  

The full recommendations can be found here: http://nmpovertylaw.org/strategies-to-mitigate-covid-19-impact-on-nm-2020-03-18/

Report shows gaps in New Mexico’s early childhood agenda

ALBUQUERQUE—According to a new report, more investment in home visiting, child care assistance, cash assistance, and minimum wage enforcement would significantly improve New Mexico families’ stability and economic outlook. The report, “New Mexico’s Infant Toddler Agenda,” was authored by the New Mexico Center on Law and Poverty and the Center for Law and Social Policy (CLASP).

“Every child should have the opportunity to succeed in life, yet nearly a third of New Mexico’s 70,000 infants and toddlers live in poverty. Across the board, state investments are too low in programs that address economic barriers and support opportunities for families with young children,” said Sovereign Hager, legal director at NMCLP. “Every family should have safe and affordable child care, sound parental support, and resources to pay for necessities. But there are huge gaps between what programs work for families and what our state funds.” 

Children’s growth and development are shaped by early life experiences. Good health, empowered families, and positive early learning environments foster children’s physical, intellectual, and social-emotional development. Culturally and linguistically appropriate programs and policies that are developed in collaboration with local communities are also essential to their success. 

Home visiting empowers parents 

In New Mexico, home visiting services provide support, coaching, and resources for parents from trained professionals during pregnancy and in children’s earliest years. Home visiting improves children’s mental and physical health, supports school readiness, and helps keep children and families safe. 

However, the report notes the lack of home visiting programs in New Mexico and that few programs are culturally and linguistically relevant to the state’s diverse communities. In New Mexico, an estimated 157,600 children—half of whom are infants and toddlers—were eligible for home visiting programs in 2017 but only approximately 5,000 slots were available in 2018. 

The report recommends that New Mexico fully leverage Medicaid dollars for home visiting and expand its current pilot program to include all Medicaid-eligible families.

Child care assistance provides high-quality child care and early education opportunities

The state’s Child Care Assistance Program makes it possible for low-income parents to work or go to school while providing their children with a safe place to learn and grow. The report notes that when families have access to child care assistance, they are better able to access high quality child care and have more resources for basic needs. They also have far fewer child care related work disruptions.

Unfortunately, even after increases to the program’s budget this year, the vast majority of families in New Mexico face high out of pocket costs even when they get assistance. Eighty one percent of families who receive child care assistance in New Mexico had to pay a share of costs in 2017 compared to the national rate of 62%.

Data shows that too many families simply cannot afford to participate in the program. Enrollment falls for families earning between 25% and 50% of the Federal Poverty Guidelines—when New Mexico starts imposing unaffordable co-payments.

The report recommends New Mexico eliminate co-payments for families living below 100% FPG and cap out of pocket costs at affordable levels for other families.

Families also face a steep “cliff effect” when their incomes exceed the eligibility threshold for the program. In many cases, this leaves families much worse off than they were before an increase in wages.

In New Mexico, families can earn a maximum of 250% of the FPG (equivalent to $53,325 for a family of three in FY 2019) before becoming ineligible for assistance. The report recommends tiered eligibility policies to smooth the cliff effect by gradually reducing assistance as income rises.

Increasing and enforcing the minimum wage supports economically stable families 

New Mexico’s minimum wage increase went into effect in January 2020. The report notes that an estimated 100,600 children will be helped by their parents’ increased wages.

However, workers can’t benefit from a minimum wage increase if the law isn’t enforced. Too many New Mexico workers are paid less than the minimum wage because employers violate the law. The New Mexico Department of Workforce Solutions has a statutory obligation to enforce the law, but DWS is underfunded and overwhelmed by a backlog of over 1,800 wage complaints. One in five workers has been waiting for their case to be investigated or to be paid wages owed for over a year and a half. Some have been waiting as long as eight years. 

The report recommends the state strategically and robustly enforce the law to maximize benefits to workers and their families.

Improving cash assistance to support economically stable families

Increased income during early childhood is associated with improved health, better school performance, and even increased earnings later in a child’s life. Even a small amount of additional income can be a stabilizing force, allowing parents to purchase diapers, groceries, or other household necessities. 

Although many families with low incomes could benefit from cash assistance, which provides a temporary monthly benefit and work supports for parents, only a small percent in New Mexico qualify for help because of limited eligibility, ineffective work requirements, and time limits for children. 

The assistance itself is minimal and does not provide enough for families to live on while seeking employment. 

The report recommends New Mexico improve its cash assistance program by offering flexibility, exemptions from work requirements, and allowing children to receive benefits when parents become ineligible or reach time limits.

“Strong investments in programs that impact early childhood are proven to increase well being and economic opportunity for families, but too many of New Mexico’s families with infants and toddlers aren’t able to access programs that would help them the most,” said Hager. “Our state government has an obligation to fix this and must prioritize an agenda that focuses on opportunity for families with young children. This means adequate resources towards programs and services for families with young children, investment in culturally and linguistically relevant programming, and work across agencies to streamline and integrate eligibility and enrollment processes.”

“New Mexico’s Infant Toddler Agenda” can be found here: http://nmpovertylaw.org/wp-content/uploads/2020/03/CLASP_NewMexico_infants_brochure3.pdf

5 things you should know about the new public charge rule

By Teague González, director of Public Benefits

Changes to the “Public Charge” rule go into effect today. Some of the changes include allowing the government to deny permanent residency (green cards) and visa renewals to certain lawfully present immigrants who participate in basic need programs like Medicaid, SNAP food assistance, and housing assistance.

The Trump administration is counting on fear to harm immigrant families and turn lifesaving programs against families. But the new public charge rule change applies to very few immigrants. Get all the facts and always talk to someone to make the best choices for your family.

Here are 5 important things you need to know about public charge:

Number 1: The test does not apply to people who are already legal permanent residents — as long as they don’t leave the US for 6 consecutive months. 
Number 2: The rule does not apply to people who want to adjust from legal permanent resident to citizens. 
Number 3: It never applies to US citizen children. A US citizen child’s use of benefits is never counted against their parent no matter the parent’s immigration status. Please do not disenroll or cancel your US citizen children from Medicaid or Food Stamps without talking to someone first. 
Number 4: There are important exceptions to the public charge rule, for example, pregnant women may receive Medicaid during their pregnancies and up to 60 days after delivery and this will not be counted against them when they try to become legal permanent residents. The same goes for Medicaid use by children under 21 years of age who want to become legal permanent residents. 
Many categories of immigrants are exempt from the rule like T and U Visa holders, as are VAWA beneficiaries, and many other statuses. 
Number 5: Many government benefits are not included in the public charge rule like school breakfast and lunch, WIC, CHIP, unemployment benefits and many more. 

This is why it is very important that you talk with someone about the rule change before you make any decisions about canceling your benefits or your children’s benefits. 

Please call 505-255-2840 with any questions. Watch the video in English and Spanish. Get the handout in English or Spanish.

Court hearing Thursday on HSD compliance with orders to remove barriers to food and medical assistance

LAS CRUCES—On Thursday at 10:00 a.m., in U.S. District Court in Las Cruces, Judge Kenneth Gonzales will hear an update on the New Mexico Human Services Department’s compliance with multiple court orders to remove barriers to food and medical assistance for eligible families.

In September 2016, Judge Gonzales held former HSD Secretary Brent Earnest in contempt for failing to remove barriers to assistance for eligible families. The court appointed a Special Master to monitor and make recommendations to the department. In April 2018, the judge set a series of deadlines for HSD compliance with court ordered reforms.

In July of 2019, the court approved a jointly-developed corrective action plan to address systemic barriers to food and medical assistance. Thursday’s status conference will include updates from both parties and the Special Master on the status of HSD’s implementation of the plan.

WHAT:

U.S District Court status conference on HSD compliance with court orders in Deborah Hatten Gonzales v. David Scrase, No. 88-385 KG/CG    

WHEN:

Thursday, November 21, 2019 at 10:00 a.m.

WHERE:

United States Courthouse, 4th Floor, 420 Mimbres Courtroom (North Tower), 100 N. Church Street, Las Cruces, New Mexico 88001

WHO:

New Mexico Center on Law and Poverty attorneys,Court Appointed Special Master Lawrence M. Parker, HSD Secretary and Attorneys

The New Mexico Center on Law and Poverty report on it’s case review can be found here: http://nmpovertylaw.org/nmclp-report-on-hsd-case-review-2019-02-25-redacted/

The jointly developed corrective action plan can be found here: http://nmpovertylaw.org/hatten-gonzales-v-scrace-joint-motion-to-approve-two-corrective-action-plans-2019-07-10/

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. 

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.

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.

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

Action Alert: Stop the Trump administration from undermining healthcare rights law

The Trump administration is attempting to undermine enforcement of nondiscrimination protections under the Affordable Care Act. These efforts will especially harm trans people, the LGBTQ+ community, patients who speak languages other than English, and people who need access to abortion services.

The ACA’s landmark nondiscrimination provision, known as Section 1557 or the Health Care Rights Law, protects patients from discrimination based on of race, color, national origin, sex, age, and disability. 

We encourage individuals and groups to submit comments with the Federal Register opposing the rollback of these important legal protections. Comments are due August 13.

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. 

Discrimination has no place in healthcare. 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. 

To ensure your comment is accepted, please make sure your comment has at least one-third original text. You can submit your comment here:http://eqnm.org/save1557

*Your comment will submitted via Equality NM. EQNM, the New Mexico Center on Law and Poverty, and Southwest Women’s Law Center will have access to your comment and contact information.

Sample content for your public comment

  • Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, and disability. This proposed rule attempts to change the administrative implementation of Section 1557 in a way that is contrary to the plain language of the law.
  • New Mexico has some of the highest rates of residents who identify as transgender in the country. In many parts of the state there are areas where only one hospital or health provider could result in less access to healthcare for transgender people. This would result in some traveling far distances to receive critical care, while others may simply not receive any medical care. It is important that nondiscrimination protections are in place for healthcare providers to ensure that patients can access the same care provided to all, no matter who they are. These protections are fundamental for LGBTQ+ patients to be able to access the care they need. 
  • In New Mexico, 29% of respondents experienced a problem last year with their insurance related to being transgender, such as being denied coverage for care related to gender transition or being denied coverage for routine care because they were transgender.
  • Sex discrimination in health care has a disproportionate impact on women of color, LGBTQ+ people and individuals living at the intersections of multiple identities—resulting in them paying more for healthcare, receiving improper diagnoses at higher rates, being provided less effective treatments and sometimes being denied care altogether. The inability to access needed healthcare services could further exacerbate health disparities.
  • Discrimination has no place in healthcare. The delivery of healthcare services in the United States should be premised upon the medical needs of the people, and should not be obstructed by the personal beliefs or ideologies of their healthcare providers.
  • Discrimination on the basis of national origin, which encompasses discrimination on the basis of language, creates unequal access to healthcare. Without meaningful access, millions of individuals will be excluded from programs and services they are legally entitled to, including hundreds of thousands here in New Mexico.

Court hearing on HSD compliance with orders to remove barriers to food and medical assistance next Thursday

LAS CRUCES—On Thursday at 10:30 a.m., in U.S. District Court in Las Cruces, Judge Kenneth Gonzales will hear an update on the New Mexico Human Services Department’s compliance with multiple court orders to remove barriers to food and medical assistance for eligible families.

At the hearing, the New Mexico Center on Law and Poverty will provide information about a statistically significant review of food and medical assistance cases conducted between September 2018 to February 2019. Both the court appointed Special Master and the plaintiffs, represented by the Center, found that New Mexicans are still not getting the food and medical assistance they need because HSD continues to violate the law.

According to an extensive review by the Center of HSD client cases, HSD made errors in 202 out of 288 cases—an error rate of 70%. These errors led to 109 households of the 288 cases reviewed losing food or medical assistance, sometimes both. The Special Master validated nearly all these findings. The review found that HSD continues to illegally deny food and medical assistance in the following ways:

  • HSD illegally denies food and medical assistance to families who fail to provide unnecessary paperwork.
  • HSD’s own quality assurance team failed to find the vast majority of the errors found by the Center and the Special Master.
  • HSD does not consistently apply eligibility policy and application procedures.
  • HSD does not accurately inform families about their eligibility and what is needed to process their case.
  • HSD’s management team lacks expertise to administer food and medical programs in accordance with federal law.
  • HSD’s IT system requires changes to accurately process applications for benefits.

In September 2016, Judge Gonzales held former HSD Secretary Brent Earnest in contempt for failing to remove barriers to assistance for eligible families. The court appointed a Special Master to monitor and make recommendations to the department. In April 2018, the judge set a series of deadlines for HSD compliance with court ordered reforms.

The New Mexico Center on Law and Poverty report on it’s case review can be found here: http://nmpovertylaw.org/nmclp-report-on-hsd-case-review-2019-02-25-redacted/

The Gonzales v. Earnest joint status report can be found here: http://nmpovertylaw.org/doc-873-joint-status-report-2019-05-01/

WHAT:
U.S District Court status conference on HSD compliance with court orders in Deborah Hatten Gonzales v. Brent Earnest, No. 88-385 KG/CG

WHEN:
Thursday, May 16, 2019 at 10:30 a.m.

WHERE:
United States Courthouse
4th Floor, North Tower, Mimbres Courtroom
100 N. Church Street
Las Cruces, New Mexico 88001

WHO:
New Mexico Center on Law and Poverty attorneys
Court Appointed Special Master Lawrence M. Parker
HSD Secretary and Attorneys