Wage theft lawsuit concludes in win for New Mexico workers

 

Judge approves final class action settlement agreement in lawsuit brought by low-wage workers against the Department of Workforce Solutions for failing to enforce New Mexico’s wage payment laws

SANTA FE – Today, after hearing public testimony, First Judicial District Court Judge David K. Thomson approved a class action settlement agreement between workers and workers’ rights organizations and the Department of Workforce Solutions (DWS) that ensures state government will carry out its duty to enforce New Mexico’s strong anti-wage theft laws and hold employers accountable when they violate these laws.

“This is a victory for low-wage workers and proof that when we come together, we can hold powerful institutions accountable,” said Jose “Pancho” Olivas, a member of Somos Gallup, Somos Un Pueblo Unido’s membership team in McKinley County and lead plaintiff in the complaint. “For too long wage thieves were let off the hook. Because of this settlement, DWS will not only enforce our 2009 anti-wage theft law but will do more to ensure workers have a fair shot at recouping their stolen wages.”

The class action settlement agreement is a win for New Mexico workers and is the result of years of work by the workers and workers’ rights organizations who advocated for passage of a 2009 law imposing stronger anti-wage theft protections and who filed a 2017 lawsuit to require DWS to enforce those protections.

“We all deserve to be treated fairly by our employers and paid for every hour that we work,” said Elizabeth Wagoner of the New Mexico Center on Law and Poverty, lead counsel for the plaintiffs. “DWS diligently worked with us on this settlement agreement to make sure that hardworking people who experience violations of New Mexico’s wage payment laws can access their legal right to an investigation of their claims and recover wages owed.”

“In 2009, low-wage workers came together to strengthen protections against wage theft in New Mexico,” said Gabriela Ibañez Guzmán, staff attorney with Somos Un Pueblo Unido’s Worker Center and co-counsel in the lawsuit. “This legislation passed both chambers with a wide margin because wage theft hurts everyone, workers, law-abiding businesses and local economies.  But our laws are only as good as the appropriate government agencies are willing to enforce them. This settlement sends a message that enforcement should be a priority.”

Now that the court has issued final approval of the settlement agreement, DWS will begin accepting requests from workers to re-investigate wage claims that DWS did not initially accept or correctly investigate. This includes workers who experienced the following problems:

  • DWS rejected or returned the claim form without investigating the claim;
  • DWS rejected, closed, or incompletely investigated the wage claim because of an unlawful $10,000 cap or one-year time limit;
  • DWS made a decision in favor of the employer for an improper jurisdictional reason;
  • DWS closed the wage claim after the employee or employer missed a deadline or hearing.

“When my sister and I went to the Department of Workforce Solutions to file our wage claims, we experienced problems communicating with the people in this office because they did not provide translation services,” said Sabina Armendariz, a low-wage immigrant worker, single mother, and member of El CENTRO de Igualdad y Derechos. “Now, all Spanish speakers will receive equal access to DWS services. This settlement agreement is an example of what can happen when low-wage workers organize to confront labor abuses and work to hold accountable the very government institutions entrusted with enforcing the laws. We encourage other workers to come forward and present their cases.”

Several workers plan on filing their wage theft complaints with DWS after the hearing.

“I look forward to filing my wage theft complaint along with three of my co-workers,” said Yesenia Sanchez, mother of three children and a member Somos Un Pueblo Unido’s United Worker Center. “I am happy to know that our complaints will be taken seriously and not be turned away.”

Beginning on March 16, DWS will also take several steps to notify workers about their rights, including running radio ads in English and Spanish, providing information about the wage claim process on the homepage of the DWS website, mailing notice to the class with instructions about the right to request a re-investigation, and posting notices in all DWS offices statewide.

The case, Olivas v. Bussey, was filed in January 2017 by four victims of wage theft and workers’ rights organizations El CENTRO de Igualdad y Derechos, New Mexico Comunidades en Acción y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. The plaintiffs claimed that DWS had failed to investigate and resolve wage claims concerning violations of New Mexico’s wage payment laws.

Plaintiff workers and organizations and DWS filed a joint motion on December 20, 2017 in the First Judicial District Court asking Judge Thomson to approve the class action settlement agreement.

“Language barriers should not be a reason why New Mexican workers suffer from wage theft. People with limited English language access should be kept fully informed by state government agencies such as DWS and should not have additional limitations when filing or pursuing wage theft claims. Our message is loud and clear; we will not rest until we end wage theft and labor abuses in New Mexico,” said Javier Castillo Chavez, a low-wage immigrant worker and member of El Centro who’s wage claim case was successful thanks to the new DWS regulations put in place because of the class action settlement agreement.

In addition to re-investigating prior wage claims and notifying workers of their rights, DWS has also implemented the following policies to end the practices challenged in the lawsuit:

  • LRD investigates all wage claims, regardless of their dollar value;
  • LRD takes enforcement action on wage claims going back three years, or longer if the violation is part of a continuing course of conduct;
  • Employers who fail to pay minimum or overtime wages must pay damages to wage claimants, calculated at three times the value of the unpaid wages;
  • LRD no longer closes wage claims for impermissible procedural reasons; and
  • LRD provides language access services to all wage claimants who need it by requesting each claimant’s language preference on the claim form, providing interpretation in each telephonic and in-person interaction, translating all form letters and claim forms into Spanish, allowing claimants to fill out claim forms in any language, and offering an interpreter to anyone who telephones the agency.

In addition, LRD has revamped its policies and procedures so that the agency is in compliance with the New Mexico wage laws. This includes the adoption of a publicly-available investigations manual that lays out how LRD enforces the law, which LRD and attorneys for the plaintiffs are writing together. Attorneys for the plaintiffs will also review worker case files to identify wage claims that LRD may consider for workplace-wide enforcement action.

People who experienced a problem with a wage claim at DWS should request a re-investigation or contact:

The notice of rights, claim form, and instructions for requesting a re-investigation will be available in a link from the DWS website homepage on or before March 16.

Elizabeth Wagoner of the New Mexico Center on Law and Poverty is lead counsel on a legal team that includes the Center’s Gail Evans, Stephanie Welch, and Juan Martinez, Santa Fe attorney Daniel Yohalem, and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

 

Federal Court to hear Special Master’s findings on illegal barriers to food and medical assistance on Thursday

ALBUQUERQUE, NM — On Thursday, in U.S. District Court in Albuquerque, Judge Kenneth Gonzales will hold a hearing on the court-appointed Special Master’s report regarding the New Mexico Human Services Department’s failure to comply with multiple court orders to timely and accurately provide food and medical assistance to eligible families. The court ordered 20 high-level employees to be present at the hearing.

In September 2016, Judge Gonzales held the HSD Secretary Brent Earnest in contempt for failing to remove barriers to assistance for eligible families and appointed a Special Master to monitor and make recommendations to the department. The Special Master issued a report in January 2018 finding that “the current HSD/ISD management team lacks sufficient knowledge, skills, and abilities to appropriately manage the program or bring it into full compliance with the Consent Decree.” The Special Master recommended that HSD take immediate action, including removing five high-level employees from the division that administers food and medical assistance, appoint qualified experts, and improve worker training.

Despite court orders and the expertise provided by the Special Master, HSD continues to improperly deny eligible New Mexicans food and medical assistance. Each month the department develops a backlog of unprocessed cases, a large share of phone calls are not answered, and workers are not accurately trained on the requirements for processing food and medical assistance applications.

WHAT:  
Court hearing on the Special Master’s Report (Doc. 810) on HSD compliance with court orders in Deborah Hatten Gonzales v. Brent Earnest (No. 88-385 KG/CG) and the objections to the Special Master’s Report (Docs. 812 & 813)

WHEN:
Thursday, March 1, 2018 at 9:00 a.m.

WHERE:
Pete V. Domenici United States Courthouse
440 Hondo Courtroom
333 Lomas Boulevard, N.W.
Albuquerque, NM 87102

WHO:
New Mexico Center on Law and Poverty attorneys
Special Master Lawrence M. Parker and Compliance Specialist Ramona McKissic
HSD Secretary Brent Earnest
HSD Deputy Secretary and General Counsel Christopher Collins
Income Support Division Director Mary Brogdon
19 other HSD staff members were also ordered to attend, including county directors, regional operations managers, a former deputy secretary, and assistant general counsel

New Native American Budget and Policy Institute seeks to empower indigenous communities to effect systemic change

SANTA ANA PUEBLO, NM — The new Native American Budget and Policy Institute (the Institute) will launch at an event Tuesday at Tamaya Resort located in Santa Ana Pueblo. The Institute will conduct research, budget and policy analysis, social justice advocacy, litigation, and community lawyering to empower Native American communities to create self-determined and systematic change that will improve their health, education, and economic well-being.

The Institute is a project of the Robert Wood Johnson Foundation (RWJF) Center for Health Policy of the University of New Mexico, and the New Mexico Center on Law and Poverty. It is funded, in part, by the W.K. Kellogg Foundation (WKKF). The Institute is an outgrowth of the work and ideas of the Leadership Institute at the Santa Fe Indian School.

“Our Native American communities deserve to be healthy, educated, and empowered,” said Cheryl Fairbanks, Esq., Institute Interim Executive Director (Tlingit/Tsimpshian). “We have the opportunity at this Institute to develop indigenous policies, which will have a positive effect to justify and access the much needed funding for our tribes. We are not the Indian problem; we are the Indian solution. This Institute is solution oriented and will provide the basis for bringing constructive change to our children, families, and communities here in New Mexico.”

The Institute seeks to forge an unprecedented collaborative pathway to racial equity in New Mexico and across the nation. By working in cooperation with Native American scholars at UNM, graduates of the Pueblo Indian Doctoral Program, as well as with tribal elders, the Institute will coordinate research activity across the state to improve public policy decisions at all levels of government through a Native American lens. The Institute will work in cooperation with the Leadership Institute at the Santa Fe Indian School and utilize the resources available at UNM as well as the expertise of the RWJF Center for Health Policy and the New Mexico Center on Law and Poverty. It will also engage and mentor young Native American researchers and students in a variety of projects.

“As indigenous peoples, we have survived systemic oppressive governmental policies that sought to terminate our languages, our culture, and our way of life. Today it’s important that laws and policies are informed with a tribal perspective in a new collaborative way,” said Alvin Warren, Kellogg Foundation Program Officer for New Mexico programs. “We have learned from past assimilation policies, and we can now move forward to effect change for future generations.”

The Institute will soon develop the initial leadership structure and strategic plan with direction from its Governance Council, sworn in today, which includes representatives from the Pueblos and Tribes of New Mexico with extensive experience in leadership, law, medicine, behavioral health, education, and cultural literacy.

“We are in a new era of developing laws and policies based on our tribal core values, which have withstood the test of time. We stand on the shoulders of our ancestors, and it is their values that will enable us to heal and move forward,” said Regis Pecos, Leadership Institute Co-Director at the Santa Fe Indian School and Native American Budget and Policy Institute Co-Founder (Cochiti). “The Institute will provide a venue for collaboration, healing, and unity. Together, we can move forward in the spirit of respect and understanding, so we can truly make a difference here in New Mexico.”

One of the new organization’s first activities is a series of meetings, “Keeping the Child at the Heart of the Circle,” with partners that will start Wednesday. The colloquia will focus on incorporating culture, tradition, and healing into judicial systems. For example, one meeting will discuss offering a resiliency court and a peace circle model as options to improve current legal processes. Another panel of experts will share their knowledge on tribal, state, and federal relations.

In addition to Fairbanks, Institute staff includes Jasmine Yepa, JD who serves as Policy and Budget Analyst (Jemez). The Institute’s Governance Council includes Robert Apodaca, Motiva Corporation COO, former U.S. Department of Agriculture Assistant Chief of the West under the Obama administration; Hon. Arthur Blazer, Mescalero Apache President (Mescalero Apache); Dr. Gayle Chacon, Jemez Health and Human Services Interim Director (Diné); Hon. Walter Dasheno, former Governor of Santa Clara Pueblo (Santa Clara); Tara Gatewood, Native America Calling Host and Producer (Isleta/Diné); Dr. Michael Lipsky, Demos Distinguished Senior Fellow; Dr. Ken Lucero, Field Officer for U.S. Sen. Martin Heinrich (Zia/Cochiti); Patricia Salazar Ives, Esq.,Cuddy & McCarthy, LLP Partner; Dr. Joseph Suina, UNM College of Education Professor Emeritus and former Governor of Cochiti Pueblo (Cochiti); Ingeborg Vicenti, Dulce Public Schools Mental Health Therapist (Jicarilla Apache); and Hon. Robert Yazzie, Native Nations Institute International Advisory Council Member at the University of Arizona and Chief Justice Emeritus of the Navajo Nation (Diné).

The W.K. Kellogg Foundation has supported the work of the Institute through a grant to the Regents of UNM of $1.5 million for a period of five years. Dr. Gabriel R. Sanchez, RWJF Center for Health Policy Executive Director, serves as the Principal Investigator of the grant.

 

Action Alert: Thank you for joining us in making healthcare accessible for all New Mexicans! 

Good news! The memorials to study a Medicaid buy-in option in New Mexico – House Memorial 9 and Senate Memorial 3 – both passed with strong bi-partisan support. The study is a first step toward an innovative new plan that would allow individuals and families in our state to buy low-cost coverage through Medicaid even if they do not qualify for it now. This would provide more people with affordable healthcare and create more choices in the insurance market.

This would not have happened without you. Thank you for joining us in acting to strengthen healthcare access for all New Mexicans!

Your advocacy means that our state Legislative Health and Human Services Committee will bring together experts and stakeholders to explore whether the Medicaid buy-in is a viable option for uninsured and under-insured New Mexicans.

If you have not already, please follow the New Mexico Together for Healthcare campaign to get updates and alerts about how you can take action to support the Medicaid buy-in study. You can sign up here to get involved and follow the campaign on social media – Twitter (@NMT4HC) and Facebook (@NMTogether4Healthcare) – and its website.

For additional details, please also see our factsheet. For any questions, do not hesitate to contact us.

The New Mexico Center on Law and Poverty responds to Trump’s proposed cuts to food assistance

ALBUQUERQUE, NM—The New Mexico Center on Law and Poverty condemns President Trump’s 2019 budget proposal that slashes the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, by $213 billion. The proposal would replace SNAP food dollars for households receiving over $90 a month in benefits with a shelf stable box of foods. With the proposed 30 percent cut to the program over the next ten years, New Mexico would also stand to lose $207.9 million to the state economy.

The following quote can be attributed to New Mexico Center on Law and Poverty Managing Attorney Sovereign Hager:

“In New Mexico and in our country, we have a shared commitment to make sure that no one in our community goes hungry. It is shocking that this administration would propose a shameful budget that would literally take food off the table for our children and families. The cuts would have an outsized impact on our state where one in four New Mexicans participate in SNAP, including 40 percent of our kids. The cuts to these food benefits would not only mean that more New Mexicans won’t have enough to eat, they would also increase poverty and inequality and make it harder to succeed in today’s economy.

“By any measure, the SNAP program has been a huge success. It’s long been our first line of defense against hunger and has other positive economic and health outcomes. Research shows SNAP contributes positively to children’s brain development, and children who participate in SNAP are healthier, do better in school, and have increased earnings over time. SNAP also greatly contributes to our local economy through an exemplary public-private partnership. SNAP dollars are spent in local food retailers across New Mexico contributing hundreds of millions in economic activity.

“What’s more, the proposed replacement of electronic benefit cards with government-issued canned food strips people of the basic dignity of being able to buy their own groceries just like everybody else. Rather than shaming people, the government should be shoring up the SNAP program to make sure that our neighbors and families all have enough to eat. What this administration seems to be doing instead is suggesting that children, the elderly, and disabled people should fund tax cuts for the wealthy. Our members of Congress should reject this indefensible proposal.”

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

Closing briefs filed in landmark education lawsuit against State of New Mexico

Education lawsuit asserts students’ state constitutional rights are being violated

SANTA FE, NM – Attorneys from the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund) have filed closing briefs for their consolidated lawsuit (Yazzie v. State of New Mexico and Martinez v. State of New Mexico) against the State of New Mexico for its failure to provide all public school students a sufficient education as mandated by the New Mexico Constitution.

The consolidated lawsuits claim the state’s arbitrary and inadequate funding of public schools, and lack of necessary monitoring and oversight deprives children – particularly low-income, Native American and English language learner students, and students with disabilities – of a sufficient education.

Plaintiffs in the suit seek a declaration that the system is unconstitutional and that the system should provide the opportunity for all students to be ready for college and career. The trial for the consolidated lawsuit began on June 12, 2017 and concluded on August 4 after eight weeks of testimony.

The closing brief for Martinez v. New Mexico – filed in April 2014 on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden – contends that the state is in violation of the Education Clause of the New Mexico Constitution because the state’s education system has failed to provide adequate resources, programs, and oversight for economically disadvantaged students, English language learner (ELL) students, and students with disabilities.

Additionally, the Martinez closing brief asserts that the state’s education system violates the Equal Protection Clause of the New Mexico Constitution by denying equal treatment to economically-disadvantaged and ELL students. For example, these students are generally taught by less experienced and less skilled teachers than other students. The closing brief also claims violation of the Due Process Clause of the New Mexico Constitution because the state’s irrational and unreasonable funding policies prevent students with disabilities, as well as ED and ELL students, from receiving a sufficient education.

“The evidence shows that the state’s failures are not just a matter of money or policy, but that the education system as a whole deprives at-risk students of the opportunity to be ready for college and career,” said Ernest I. Herrera, MALDEF staff attorney.

The closing brief for Yazzie v. State of New Mexico argues the evidence presented in the trial indisputably shows that most New Mexico students are not college, career, and civics ready. A majority of the state’s public school students have not been provided a sufficient education in order to be able to read, write, or do math at grade level, and the state also consistently has one of the lowest high school graduation rates in the country.

“These are not achievement gaps, attributable to shortcomings of our children, families, and educators,” said Gail Evans, legal director of the Center. “These are opportunity gaps attributable to a broken system that does not effectively serve our children.”

The Center asserts that the state fails to provide school districts with enough funding and support. For example, despite evidence that high quality preschool and extended learning opportunities like the K-3 Plus Program successfully closes achievement gaps, only a minority of children have access to those programs. Further, the closing brief claims New Mexico’s public education system is constitutionally insufficient for Native Americans, having failed to satisfy the New Mexico Indian Education Act (2003), which requires the state to provide Native students a culturally-relevant education, and to collaborate with tribes in doing so.

The Yazzie plaintiffs specifically seek an injunction requiring the state to take to take three actions: first, no later than the 2019-2020 school year, to develop a comprehensive plan of programs and services to provide a uniform and sufficient system of public education to all students in New Mexico; second, to provide sufficient increased funding and a revised formula for distributing funds to the public school districts; and lastly, to establish an effective system of accountability and enforcement to ensure that every child in New Mexico is receiving a sufficient education.

The state sought to dismiss the lawsuits, but the court in Martinez denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right. The court consolidated the two cases in 2015.

State District Court Judge Sarah Singleton is expected to make a declaration this spring.

Human Services Department to Hold Hearing on Medicaid Cuts on Monday, October 30

ALBUQUERQUE, NM—New Mexico’s Human Services Department (HSD) will hold a hearing on the serious cuts the Medicaid program faces in the Centennial Care 2.0 waiver proposal on Monday, October 30 at the National Hispanic Cultural Center in Albuquerque. This will be the final public hearing on the issue.

The waiver proposal eliminates important coverage and health benefits and imposes new excessive patient fees in the form of co-pays and premiums on the working disabled, low-income adults living just above the poverty line, and children enrolled in the Children’s Health Insurance Program (CHIP). These fees will prevent people from seeking necessary healthcare and cause thousands of others to lose coverage.

WHAT:
HSD Hearing on the Centennial Care 2.0 Waiver Proposal

WHEN:
5:30-7:30 p.m., October 30, 2017

WHERE:          
National Hispanic Cultural Center’s Bank of America Theatre
1701 4th Street SW
Albuquerque, NM, 87102

Call in Number: 1-888-757-2790
Participant code: 991379#

WHO:

  • HSD staff
  • Abuko Estrada, attorney at the New Mexico Center on Law and Poverty and other groups against the waiver
  • Public Comment

Legislative Health and Human Services Committee to Hold Hearing Tomorrow on Medicaid Cuts

ALBUQUERQUE, NM—The Legislative Health and Human Services (LHHS) Committee will hold a hearing on Medicaid, Wednesday, September 20, about the serious cuts the program faces in the Human Services Department’s (HSD) Centennial Care 2.0 waiver proposal.

The proposal eliminates certain coverage and health benefits and imposes new excessive patient fees in the form of co-pays and premiums to children enrolled in the Children’s Health Insurance Program (CHIP), the working disabled, and low-income adults living just above the poverty line. These fees will prevent people from seeking necessary healthcare and cause thousands of others to lose coverage.

WHAT:
LHHS Committee Hearing on the Centennial Care 2.0 Waiver Proposal

WHERE:
Science and Technology Center Rotunda at UNM
801 University Blvd SE
Albuquerque, NM

WHO/WHEN:
12:30 pm: Presentation on Concerns with Centennial Care 2.0 Proposal
Abuko D. Estrada, Attorney, New Mexico Center on Law and Poverty
David Machledt, Ph.D., Senior Policy Analyst, National Health Law Program

2:30 pm: HSD presentation on Centennial Care 2.0 Proposal
HSD Secretary Brent Earnest

4:30 pm: Public Comment

 

Judge Rules Earned Sick Days Ordinance Must Appear on 2017 Ballot

Illegal “Advisory Question” Stricken

ALBUQUERQUE, NM — Yesterday, in a victory for advocates of earned sick leave, the Honorable Judge Alan Malott reaffirmed his prior ruling that the Albuquerque Healthy Workforce Ordinance must appear on the 2017 municipal election ballot. He also struck an illegal “advisory question” related to sick leave from the ballot, ruling that it employs “semantically loaded terms” and “is an inappropriate attempt to inject political advocacy onto the ballot and into the election process.”

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.

Recently, advocates filed an emergency motion in district court asking Judge Malott to order the City to administer a fair election on the Healthy Workforce Ordinance after Mayor Berry and the City Council removed the summary from the ballot, added an illegal advisory question on sick leave to confuse voters, and insisted that the ballot be printed in difficult-to-read 7-point font.

Yesterday’s ruling handed a major victory to the advocates, by removing the illegal advisory question and ordering other protections to ensure voters can read their ballots. The City of Albuquerque must now provide samples of the Healthy Workforce Ordinance in at least 12-point type at polling places, and must provide a specific number of magnifying devices at each polling place so that voters can read their ballots.

“This ruling protects our democracy in Albuquerque. There will be nothing on the ballot to confuse voters about how to find the Healthy Workforce Ordinance and vote on it,” said Kiana Tavakoli, a member of OLÉ. “Although we think the best solution is to print a summary of the Healthy Workforce Ordinance on the ballot, this ruling will at least force the City of Albuquerque to provide magnifying glasses and print the Healthy Workforce Ordinance in a voter supplement large enough that people can read it.”

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

Voters living within the city limits of Albuquerque will have a chance to vote for the Healthy Workforce Ordinance on Tuesday, October 3, 2017. Its full text will appear on the back of the ballot under the heading “Proposed Ordinance.” Early voting starts September 13 and ends September 29.

What You Can Do to Stop the ACA Repeal

While efforts to repeal the Affordable Care Act (ACA) briefly stalled last week, the Senate still plans to strip healthcare from millions of Americans and make disastrous cuts to Medicaid.

Senate Majority Leader Mitch McConnell wants to vote to move forward with repeal as early as TODAY!

This past Thursday, Senate Republicans released a revised version of their bill – the Better Care Reconciliation Act. According to the Congressional Budget Office, this revised version would still take away healthcare coverage from 22 million Americans, slash federal Medicaid funding, raise the price of private insurance, and gut consumer protections.

If that option wasn’t bad enough, the Senate is also considering another proposal that would repeal the ACA and delay the development of a replacement plan for two years. This would strip healthcare coverage from up to 32 million Americans, make even larger cuts to Medicaid funding, end financial assistance that helps make private insurance more affordable, and eliminate critical consumer protections.

Regardless of which plan is voted upon, the results would be devastating for New Mexico.

  • New Mexicans Will Lose Healthcare Coverage – Every proposal to this point would end Medicaid expansion, jeopardizing the healthcare coverage of over 260,000 New Mexicans.
  • Drastic Cuts to Medicaid Funding – The Senate plans cut federal Medicaid funding by $770-$840 billion over the next decade. This will force New Mexico to have to raise revenue just to maintain current Medicaid levels or cut eligibility and benefits.
  • Consumer Protections are Eliminated – States will be allowed to opt-out of covering “essential health benefits” (prescriptions, maternity and newborn care, and mental healthcare).

Please call and urge your networks to contact the Senators below and tell them to stop with their efforts to repeal the ACA.

• Senator Jeff Flake (AZ) – (202) 224-4521
• Senator John McCain (AZ) – (202) 224-2235
• Senator Cory Gardner (CO) – (202) 224-5941
• Senator Dean Heller (NV) – (202) 224-6244
• Senator Mike Lee (UT) – (202) 224-5444