URGENT! Tell Steve Pearce to Protect Federal Food Assistance!

This Thursday Congress is expected to vote on the FY 2018 House Budget Resolution, which contains harsh cuts to the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps and other poverty reduction programs. SNAP has been instrumental in helping struggling families put food on the table. But the plan envisions a total SNAP cut of $150 billion (more than 20 percent) over ten years.

If implemented, the resolution would pull the rug out beneath 464,102 New Mexicans who participate in the program, including 199,286 children, the elderly, and people with disabilities, while the wealthiest Americans and profitable corporations would get huge tax cuts.

As New Mexico’s Most Important Anti-Hunger Program, SNAP:

  • Improves the Health of Young Children – Nearly half (46%) of New Mexican children under age four rely on SNAP benefits to eat.  SNAP is proven to increase health and learning outcomes in young children by supporting brain development through adequate nutrition.
  • Supports Working Families – SNAP supports working New Mexicans.  Half of New Mexico SNAP participants are in working families. SNAP is also a critical support as New Mexico continues to have an unemployment rate that is significantly higher than the national average.
  • Boosts New Mexico’s Economy – SNAP benefits pumped $693 million dollars in the New Mexico economy. Every dollar of federal SNAP benefits spent in New Mexico generates $1.70 in economic activity.

Please call Representative Steve Pearce TODAY and urge him to oppose the house budget reconciliation.

Representatives Michelle Lujan Grisham and Ben Lujan are working hard to protect funding for SNAP. However, we need to make sure Representative Steve Pearce takes action to protect this critical program.

Call Representative Steve Pearce at his Washington D.C. office: (202) 225-2365.

Court Rejects Challenge to Earned Sick Leave Law

Ruling Ensures Healthy Workforce Ordinance Will Appear on October 3 Municipal Ballot

 

ALBUQUERQUE, NM — Today, in a victory for Albuquerque’s working families, Honorable Judge Shannon Bacon threw out a challenge by business lobbyists to the Albuquerque Healthy Workforce Ordinance. Today’s ruling ensures that voters will have an opportunity to vote on earned sick days this fall at the October 3, 2017 municipal election.

“Low wage and immigrant workers play a critical role in Albuquerque’s economy, yet they are disproportionately impacted by attacks on minimum wage and efforts to undermine the proposed paid sick leave ordinance,” said Marco Nunez, Worker Justice Coordinator, EL CENTRO de Igualdad y Derechos.  “This victory sends a clear message to corporate interests that prioritize profit over the well-being of our families that our communities will not stand by idly as they attack and chip away at workers’ rights.”

Judge Bacon also upheld voters’ right to vote on citizen-initiated ballot initiatives, rejecting the business interests’ attempt to strike the voters’ democratic rights from the Albuquerque City Charter.

“Albuquerque residents’ right to directly participate in the lawmaking process is a cornerstone of our local democracy,” said Tim Davis, an attorney with the New Mexico Center in Law and Poverty, who argued the case for the community organizations. “Today’s ruling protects this right from attacks by well-connected business interests.”

The ruling arose out of a lawsuit filed against the city by business lobbyists who wanted to remove the earned sick ordinance from the October 2017 ballot. They also sought to cut the minimum wage, which was overwhelmingly passed by voters in 2012, from $8.80 to $7.50. Community organizations and voters who support both laws intervened in the case to defend them.

The judge also tossed out the challenge to the Albuquerque minimum wage in an oral ruling from the bench yesterday, ruling that the results of the 2012 general election are final and cannot be challenged now. She issued a written opinion today reaffirming her oral ruling. Together with her ruling on the Healthy Workforce Ordinance, today’s rulings dismiss all claims in the lawsuit on both ordinances.

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

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ACTION ALERT: Call Governor Now to Prevent Budget Cuts

Your action is needed urgently –   the House and Senate just sent a tax package today to Governor Martinez to help avert more deep budget cuts that would further slash funding for our schools, healthcare and public safety agencies. New Mexico is facing school closures and further reduction to classrooms and teachers, the elimination of certain Medicaid services for low-income families and people with disabilities, and a worsening public safety crisis from under-resourcing our courts and other key agencies.

House Bill 202 makes responsible and overdue changes to the tax code, including to level the playing field for small businesses by taxing out of state internet sellers, close up tax loopholes for certain industries, and update the gas tax so the funds can be invested into our roads.

Please call the Governor’s office at 505-476-2200. Ask her to sign HB202, and not to veto any part of it. Let her know that New Mexicans will not accept more budget cuts and that you support this tax package as a fair solution that does not hurt our families.  It will only take a minute to leave a message.

Judge Holds NM Human Services Chief in Contempt

human-services-departmentOriginally published in the Albuquerque Journal September 28, 2016
https://www.abqjournal.com/854783/judge-finds-contempt-in-hsd-legal-case.html

SANTA FE – A federal judge held New Mexico’s top human services official in contempt Tuesday for failing to comply with court orders aimed at improving the administration of food aid and Medicaid health care benefits.

The contempt order against Human Services Secretary Brent Earnest by U.S. District Court Judge Kenneth Gonzales upheld findings that the cabinet secretary did not diligently attempt to comply with court orders concerning the handling of Medicaid benefit renewals, eligibility for immigrants, training for agency employees and other administrative requirements.

The judge, in his Tuesday order, also said objections filed by the agency were without merit and that the overall direction of the case was troubling.

“It remains clear that HSD and its officials have failed to exercise the leadership, control and managerial oversight to effectively come into compliance with the court orders,” Gonzales wrote.

However, a spokesman for the Human Services Department, which runs the federally funded Supplemental Nutrition Assistance Program, or SNAP, took issue with at least part of the judge’s order.

“We strongly disagree with the judge’s characterization of the department, which doesn’t take into account all of our efforts to resolve long-standing issues – some of which are three decades old and occurred under several administrations,” HSD spokesman Kyler Nerison said. “However, we are pleased that the court has agreed with us to bring in an outside monitor to help resolve those issues.”

“Regardless, we are going to continue providing services to New Mexicans who need it the most,” he added.

The contempt finding accompanies the judge’s earlier approval of plans for a court-appointed special master to help ensure federally funded benefits are administered properly amid internal investigations by state and federal agencies into allegations that food aid applications were falsified.

The civil contempt order carries no additional sanctions or penalties.

Sovereign Hager, an attorney at the New Mexico Center on Law and Poverty and advocate for aid beneficiaries in the litigation, said the order sends a strong message nonetheless.

“I think this is a message that if things don’t work out with a special master and the state doesn’t come into compliance, the court will look to harsher remedies,” she said.

New Mexico has one of the nation’s highest poverty rates, and there were more than 536,000 New Mexicans receiving food assistance benefits under SNAP, which was formerly known as food stamps, as of July, according to HSD. That figure was up by more than 7 percent – or nearly 36,000 people – from a year earlier.

The judge’s contempt order is the latest twist in a 1988 lawsuit. Earlier this year, a series of hearings were conducted by U.S. Magistrate Judge Carmen Garza, who had been tasked with monitoring compliance with a consent decree in the lawsuit and previous court orders.

Those hearings showed potential problems with the SNAP program, including testimony that state intake workers had been ordered to falsify income for some applicants, effectively denying them emergency benefits.

The testimony prompted criticism of Gov. Susana Martinez’s administration by top legislative Democrats and party officials, including a call from Sen. Gerald Ortiz y Pino, D-Albuquerque, the chairman of the interim Health and Human Services Committee, for Earnest to resign.

Earnest took over as HSD secretary – after Martinez picked him for the job – in December 2014 after the agency’s former secretary stepped down.

Read the Order from Judge Gonzales here.

Editorial: Shortchanging the Poor

Republished from the Las Vegas Optic. See the original column here.

Tuesday, July 19, 2016 at 6:30 pm (Updated: July 19, 6:42 pm)

U.S. Magistrate Judge Carmen Garza has concluded that the New Mexico Human Services Department should have someone looking over its shoulder to help ensure that it complies with court orders and federal law in the administration of federally funded benefits.

According to The Associated Press, Garza is also recommending a contempt finding against the agency, which oversees the distribution of federal food aid and Medicaid health care benefits to the poor.

To be sure, those are merely proposals at this point; the department has 14 days to file its objections, and the department is already saying that it doesn’t agree with everything in the judge’s decision.

Still, it’s unfortunate — though not surprising — that such extreme measures are necessary to get the department to follow the law and to finally comply with court orders that have gone unfulfilled.

The harsh measures being recommended are not surprising because of the striking testimony presented during the court proceedings in the case.

“Caseworkers’ sworn testimony that they were instructed by managers to fraudulently alter applicant information has essentially not been refuted,” Garza said. According to The Associated Press, Garza also noted that managers overseeing supplemental nutrition benefits invoked their Fifth Amendment right against self-incrimination during the proceedings.

The Human Services Department’s office of inspector general and the U.S. Department of Agriculture are investigating that part of the case.

We don’t doubt that the state Human Services Department has a difficult job with tight deadlines and large caseloads.

But it’s also important to remember that the agency exists to serve as a safety net for our state’s most vulnerable residents.

The aid this agency provides helps our state’s poor put food on the table for their families and get medical care for them. Playing games with that aid is unconscionable and wrong.

If it takes a special master looking over the agency’s shoulder to force it to do the right thing, then so be it.

According to The Associated Press, the special master would have expertise in determining eligibility for Medicaid and food aid. That individual would also be knowledgeable with the organizational and computer systems used to manage the state’s caseload.

The New Mexico Center on Law and Poverty, which brought forth the federal lawsuit on behalf of aid beneficiaries, was pleased with Garza’s decision, which was issued Monday.

“The things we have been asking for are very simple,” attorney Sovereign Hager told AP. “Train your workers on what the law requires, make sure the IT system does what it’s supposed to, make sure notices are intelligible and make sense.”

That seems reasonable to us.

NM Human Services Department Found in Contempt, Federal Magistrate Recommends Special Master

SNAP Logo

Las Cruces, NM – On Friday, July 15, 2016, Federal Magistrate Carmen Garza entered proposed findings that the NM Human Services Department (HSD) be held in contempt for failure to comply with multiple Court Orders and federal law concerning administration of food and medical assistance to eligible families. Judge Garza found that “it is apparent that HSD and its officials have not exhibited the leadership, oversight, or coordination necessary to implement the Court Orders.” Judge recommended the appointment of a Special Master with expertise in food and medical assistance be appointed to facilitate HSD’s compliance with federal law and Court Orders.

The Order comes after three days of evidentiary hearings about HSD’s failure to provide food and medical assistance to families as required by federal law. Judge Garza noted numerous violations of federal law and Court Orders by HSD, finding that worker trainings and notices to families applying for food and medical assistance are “replete with repeated mistakes” and that HSD had not brought state regulations and policies into compliance with federal law. Nor could HSD tell the Court when compliance would be achieved. The Court further noted that testimony by HSD employees that HSD staff have been altering application in order to deny eligible applicants emergency food benefits and improve HSD’s timeliness statistics “was essentially not refuted.”
In entering a finding that the Secretary Brent Earnest should be held in Contempt, Judge Garza noted the Department’s recent willingness to seek expert assistance, stating “While the Court appreciates this acknowledgement, the Court is troubled it took over thirty hours of status conferences, over five hundred pages of joint status reports submitted to the Court, three days of evidentiary hearings on its Order to Show Cause, and testimony by HSD employees alleging fraud on the part of HSD, to which high level officials responded by pleading the fifth, for Defendant to discuss making these types of changes. For the question before the Court, Defendant’s realization has come entirely too late.”

As a remedy for contempt, Judge Garza recommends that the Court appoint and supervise a Special Master to act as a full time advisor and consultant to HSD. The Special Master will have expertise in food and medical assistance programs and will report to the Court on the extent of the Department’s compliance.

Judge Garza stated “Defendant’s inability to fully bring his application processing practices into compliance with the Court Orders has profound effects on the citizens of New Mexico. Indeed, when an eligible SNAP or Medicaid applicant is denied or delayed in receiving benefits, that individual loses benefits he or she may rely on to eat, feed his or her children, or to receive essential medical coverage . . . It is essential for this Court to acknowledge the need for these services to be effectively, efficiently and properly rendered to those who are eligible in this state.”

Attorneys at the Center and Law and Poverty, along with co-counsel Daniel Yohalem and Jane Yohalem, represent the class of plaintiff applicants for food and medical assistance in the case. Gail Evans, Legal Director at the NM Center on Law and Poverty stated, “We are pleased that the Court will appoint and supervise an expert to oversee HSD’s compliance with federal law in providing food and medical assistance. The Department needs expert assistance with important changes that will help the state provide benefits accurately and efficiently. This includes IT changes, the creation of a manual and effective training for state workers and comprehensible notices to families participating in the programs. We look forward to working with the special master to bring the Department into compliance with the law.”

For more information contact Gail Evans at (505) 255-2840/(505) 463-5299 or Sovereign Hager (505) 417-2084.

Read the full press release here.

Read Justice Garza’s recommendation here: Part 1 Part 2

Op-ed: HSD needs to do its work more efficiently

Republished from the Albuquerque Journal. See the original guest column here.

By Ruth Hoffman / Lutheran Advocacy Ministry-NM
originally published Thursday, June 9th, 2016 at 12:02am

Here in New Mexico, we have long struggled with taking care of our most vulnerable families. Recent reports that state workers at the Human Services Department were being pressured into denying emergency SNAP (food stamps) to hungry people and families are very disturbing. For over two decades, a federal court has found HSD’s track record for basic processing of medical and food assistance benefits to be in violation of federal law.

Government is one of the ways that we can work together to address the needs of our communities, and it can make a positive difference in people’s lives. But when government doesn’t work or fails to do its job, it can cause a lot of pain. Just ask a family of four in Hobbs. State workers left them without Medicaid coverage for seven months because HSD had failed to send a renewal notice or to check information the family had already given them.

Or an elderly man from Alamogordo with no income who had his SNAP assistance terminated last August because state workers forgot to send him a legally required notice. After going three weeks without food assistance, his benefits were reinstated, but only after the man went to an Income Support Division office to submit a new application for food assistance.

Whether it involves Medicaid or SNAP, these stories and others point to an unacceptable problem at HSD of improperly denying families needed services and failing to notify recipients about delays. Seniors and low-income families are on their own to figure out how to resolve these issues. Indeed, according to a study by the New Mexico Center on Law and Poverty, HSD failed to send Medicaid clients the required renewal forms 50 percent of the time. Over 65 percent of the time, they failed to alert families about delays in their SNAP applications or about ways to resolve the delays.

As the government agency charged with assisting low-income people, families and seniors, the Human Services Department should implement common-sense steps to improve efficiency and save money. This can be done by eliminating requests for unnecessary documents, making client notices more accurate and understandable, and automating Medicaid renewals.

Additionally, it is critical that HSD provide much better job training, support and resources for the state workers who determine eligibility for badly needed assistance. Creating a comprehensive, accurate online worker manual would help workers process cases efficiently and as required by law.

We believe that we are called to do everything in our power to serve our neighbors. While faith communities throughout our state serve and help people living in poverty and experiencing hunger every day, they can’t do all that is needed and must be done. Our government has a role to play, and the agencies of our government must carry out that role by implementing a benefits system which is efficient and does its best to not put up barriers to accessing the assistance that eligible low-income New Mexicans need.

We know that eligible families are trying to get back on their feet; they are trying to do the right thing. We should expect nothing less from state leaders. Creating a more efficient benefits system won’t solve everything, but it can make a big difference in the lives of families and the people who most need help.

KUNM: Tough Choices After State Delays Emergency Food Aid

Republished from kunm.org. Listen to the original radio story here.

By MARISA DEMARCO • MAY 18, 2016

Hungry people in New Mexico may have been denied expedited food assistance after their applications were falsified and put on hold. That’s according to testimony from state workers in recent weeks during an ongoing hearing about whether the Human Services Department is fit to process applications.

Despite working seven days a week, Kimberly Jones participates in SNAP to make ends meet. Photo Credit: MARISA DEMARCO / KUNM
Despite working seven days a week, Kimberly Jones participates in SNAP to make ends meet.
Photo Credit: MARISA DEMARCO / KUNM

In December, Kimberly Jones was struggling to get the hours she needed as a home health aide, a job she’s done for 18 years. She was living in a hotel room, and every day, she had to make a choice. “Do I eat or do I pay for the room? Or how can I squeeze them both? Because, you know, the hotel wants their money,” she said. “They don’t care if you eat or not.”

She decided to apply for food stamps. She said the Supplemental Nutrition Assistance Program told her she was eligible for emergency help, and that she should see her EBT card fill up soon. “Food is the only thing that you can do to get by,” Jones said. “To make things a little easier is not having to worry if you’re going to be able to eat.”

According to emergency food stamps rules, the money should have shown up within seven days. But it didn’t, not for weeks. After asking around, Jones found a lawyer focused on poverty issues who helped her make the call to find out what happened. Jones remembered they waited on hold for more than an hour. But when they finally spoke to someone, she said she got her food stamps right then and there. It was February—two months after she applied.

“When you take someone’s food from them, they don’t have anything, and that’s really sad,” she said. “And for them to take that away, it makes you feel like nothing.”
These days, Jones lives in her own apartment. She works seven days a week, from about 9 a.m. to 7:30 p.m. She says she still gets about $75 a month in food assistance and has to make use of church charity programs and food pantries around town. “It doesn’t matter if you have a piece of job or try to have a piece of job, you know, food helps,” she said.
Lawyer Sovereign Hager with the New Mexico Center on Law and Poverty said Jones’ story is common. “Some of the poorest people in New Mexico are being denied those benefits in order to make processing numbers look better,” she said.

In recent hearings, state workers took the stand to testify that applications were changed, falsified, by the division so they showed people who were seeking food assistance had more assets than they did. That way it wouldn’t look like the state was blowing deadlines.

Hager watched high-ranking Human Services Department officials plead the fifth over and over in court—97 times, even when they were asked basic questions. HSD did not respond to KUNM’s half a dozen requests for an interview. So it’s not clear who knew what.

Hager said their inability to answer questions in court speaks for itself. “Well, of course they know what’s going on. If they didn’t know what was going on, they could testify to that,” she said. “So, obviously this goes up to the highest levels. It’s extremely troubling.”

Hager said the feds should investigate the department—and the state auditor should, too. But, she added, people need help now. The center’s asking the court to put a third-party expert in charge of processing applications in New Mexico. “We want the judge to enter an order as soon as possible to that effect just to protect those families,” she said.
Miles Conway said these issues have been going on for a long time and he’s proud of the whistleblowers who put their jobs on the line by speaking out in court. He’s with the public service employees union.

“There are constantly new mandates being handed down from Santa Fe,” he said. “It’s just becoming very difficult to even to do the jobs that these individuals are trained to do, and that they are ethically sworn to do in a certain manner.”

It was sad, Conway said, watching these court hearings unfold, and he’s apologetic to all the New Mexicans who had to struggle to feed themselves or their kids. “I felt bad that we hadn’t been able to connect the dots to find this smoking gun sooner so that we could have begun to make this very serious change in how New Mexico is running its Income Support Division,” he said.

And as for Jones? She said the state has to step up. “I hope they get it right. For us little people, get it right.”

The next hearing is set to begin July 6 in Las Cruces.

*****
The Human Services Department wouldn’t make anyone available for an interview, but right before airtime, a spokesperson emailed a statement saying the department takes the allegations seriously and has launched an internal investigation.

Thanks to Samantha Sonner of KRWG in Las Cruces for contributing to this report.

KUNM’s Public Health New Mexico project is funded by the W.K. Kellogg Foundation, Con Alma Health Foundation and McCune Charitable Foundation. Find more info on our site, publichealthnm.org, along with links to more coverage by our partner KNME / New Mexico PBS.