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

Legislative Wrap Up 2019

Dear friends,

This legislative session was a turning point for New Mexico. The efforts of the Center on Law and Poverty and our partners paved the way for historic changes for our state and started long overdue dialogue about the bold changes that must be made for children and families. This could not have happened without you! THANK YOU for the countless phone calls, emails to your legislators, testimony in committee hearings, and sharing of information with your networks and through social media.

We have much to celebrate together and are especially proud to share several major victories.

Our advocacy efforts and expert testimony were instrumental in achieving:

Historic wins for workers in New Mexico
Domestic and home care workers are now protected by basic labor laws. Along with our partners, we successfully eliminated outdated, discriminatory practices in our state so people doing some of the toughest jobs, like caring for others’ loved ones and cleaning houses, are protected by New Mexico’s minimum wage standards and other wage protections.

After a decade of stagnant wages, hard working New Mexicans will finally get a raise. Hundreds of workers from across New Mexico mobilized in support of a wage increase this session. It was a long and challenging fight, but starting in January 2020, the state minimum wage will be raised to $9 an hour and increase annually until reaching $12 an hour in 2023. This will directly impact 150,901 workers in our state—nearly 20 percent of the workforce.

Loopholes closed in small loans laws
Everyone should be able to understand the terms of their loans, especially when these loans are taken out from storefront lenders. Our advocacy with our partners led to significantly more accountability and transparency by mandating that lenders report relevant data to the state and by aligning our small loan laws so all New Mexico families receive fairer loans.

Public education a top priority
After winning the Yazzie/Martinez court ruling on behalf of families and school districts, we joined with education, tribal and community leaders, and students to form the Transform Education NM coalition and used this historic opportunity to bring education to the forefront this legislative session. New Mexico’s education system must be rooted in a multicultural framework for our diverse student body, and our coalition won much needed funding for culturally and linguistically responsive instruction in rural areas. Overall, New Mexico saw an increase in education funding, and teachers got long overdue raises. However, we still have a long way to go, and we will not stop until every child has the education they need to succeed and are entitled to by the New Mexico Constitution. 

Progress toward innovative and affordable health coverage
Dozens of families, healthcare professionals, and advocates joined the NM Together for Healthcare campaign to work tirelessly for a Medicaid Buy-in option for New Mexicans who struggle to afford the outrageous costs of private insurance but don’t qualify for Medicaid. The Human Services Department will now receive funding to further study and begin the administrative development of a public option plan, including pursuing federal funding to help pay for it.

The path ahead
We’re focused on New Mexico’s future, and together with you, we will continue to push for complete transformation of our education system, expansion of early childhood education—including pre-K, childcare assistance and home visiting services—better pay and working conditions for workers, financial and food security, and access to healthcare for all of our families.

Sincerely,

Sireesha Manne                                                  
Executive Director

Overturning Affordable Care Act would leave over 300,000 New Mexicans without healthcare coverage

In a change of course, Trump administration says entire ACA should be struck down as unconstitutional

ALBUQUERQUE—This week the Trump administration announced that it agrees with a federal judge in Texas that the entire Affordable Care Act should be invalidated. Overturning the ACA would impact tens of millions of people who rely on the nine-year-old law for health insurance; in New Mexico, hundreds of thousands of residents would have their healthcare coverage stripped away.

In a significant change of course, on Monday night, President Trump’s Justice Department notified the U.S. Court of Appeals for the 5th Circuit, where an appeal is pending in the case, Texas v. United States, that it would file a legal brief arguing that the entire act should be struck down as unconstitutional. A coalition of states is appealing the ruling and asking the appellate court to uphold the ACA.

“It’s shocking that President Trump and the Department of Justice intend to rip away access to healthcare for millions of people across the U.S. and hundreds of thousands of New Mexicans,” said William Townley, attorney with the New Mexico Center on Law and Poverty. “Overturning the Affordable Care Act would damage the entire healthcare system, especially for low-income families. Healthcare coverage will become unaffordable for many New Mexicans, pricing them out of the healthcare system and blocking access to medical care.”

The Affordable Care Act provides coverage for hundreds of thousands of New Mexicans. An immediate termination of coverage for so many people has far-reaching and possibly irrevocable consequences in New Mexico.

  • Nearly 300,000 New Mexicans would lose their healthcare coverage through Medicaid expansion or coverage they’ve purchased on the Health Insurance Exchange;
  • Young adults would no longer be able to stay on their parents’ health plans until age 26;
  • Small business would lose tax credits that make it affordable to provide healthcare for their employees;
  • Insurance companies would be allowed to deny coverage for those who are suffering from pre-existing conditions; and
  • New Mexico’s economy would be threatened—Medicaid expansion has provided financial security for over 250,000 adults and has brought in federal funding that directly supports healthcare jobs and the healthcare sector overall.

“Healthcare coverage is a lifeline for millions of people across the country,” said Townley. “We should be finding ways to improve access to quality and affordable care rather than making devastating cuts to healthcare.”

Medicaid buy-in will help everyone in New Mexico

Anhdao Bui / Co-Interim Director, New Mexico Asian Family Center
This appeared in the Albuquerque Journal on March 25, 2019.

There are many stories in New Mexico’s Asian American and Pacific Islanders (AAPI) community about lives cut short by lack of access to health care. As the co-interim director of the New Mexico Asian Family Center (NMAFC), I hear these stories almost daily. Now that funding to develop a Medicaid buy-in plan has passed the Legislature, I urge Gov. Michelle Lujan Grisham to seize this opportunity to craft a plan that will extend coverage to all New Mexicans. AAPIs and all families need this affordable health care coverage option.

The Medicaid buy-in is an innovative idea that would allow eligible New Mexico residents to pay a reasonable monthly premium for the trusted health care coverage that Medicaid has provided for more than 50 years. That includes preventive care, childbirth and prenatal care, and even specialty care.

For one family that I worked with, New Mexico’s Medicaid buy-in plan is coming too late. But for so many more in our community, it will be a welcomed relief that will finally make life-saving health care affordable and accessible.

Last year, a 55-year-old grandfather came to NMAFC asking for help accessing health care. He had moved from Vietnam to Albuquerque a few years before with his wife. Their daughter had married an American man and started a family of her own here. Working and raising kids, particularly for low-income, immigrant families, can be overwhelming. A multi-generational household can help bridge gaps in childcare and income, and the daughter and son-in-law were grateful to have her parents living with them.

Shortly after arriving in Albuquerque, though, the grandfather began experiencing severe headaches. Without financial resources, he was unable to access care in the United States. It wasn’t until he made a trip back to Vietnam that he went to a doctor. The news was devastating: He had brain cancer.

Back in New Mexico, he was ineligible for Medicaid because he had not been in the state for five years. Desperate to get treatment, he and his wife moved again. This time to California where he could access Medicaid. He began chemotherapy, but the treatment made him weak and, without being able to work, he couldn’t afford the cost of rent, food and basic necessities. He and his wife had to move back in with their daughter, son-in-law and grandchildren in Albuquerque. He was with his family, but he was without care.

When I started working with him through the center, he had gone many months without any treatment. He was weak, and his family was scared. I was able to get an exception for him to receive coverage through UNM Care. He briefly resumed treatment, but, I am sad to say, died a few months ago.

Timely access to affordable health care could have saved – or at the very least prolonged – this man’s life, giving him more time with his family. It is not too much to ask that our elders be able to see a doctor, and to see their grandchildren grow up.

Talk to any of the more than 40,000 AAPIs living in New Mexico and you will hear a similar story. A friend who lost a limb because she couldn’t afford medical attention until it was too late. A cousin who died from pneumonia as a result of the flu. A grandchild born prematurely due to inadequate access to prenatal care. It’s time to change the way families access health care.

With a Medicaid buy-in plan in place, New Mexicans, including those like the grandfather I worked with, will be able to get covered and get care – without fear of bankrupting themselves or their families.

We cannot change that family’s story. It’s too late. But, by adopting a Medicaid buy-in plan in New Mexico, we can provide a better quality of life for the thousands of other New Mexicans – in the Asian Pacific Islander community and around the state – who lack health care coverage.