Court asked to order HSD to implement plan to remove barriers to food and medical assistance  

HSD and Center on Law and Poverty jointly drafted the court approved corrective action plan the department now refuses to adopt  

LAS CRUCES—Families continue to go without food and medical assistance they are eligible for because the New Mexico Human Services Department has failed to implement major elements of a corrective action plan the department itself helped draft and the court approved and mandated. In a motion filed yesterday evening on behalf of plaintiffs in the lawsuit Deborah Hatten Gonzales v. David Scrase, the New Mexico Center on Law and Poverty asked a U.S. District Court to order HSD to comply with the plan, set deadlines, share information, and meet with plaintiffs.

“No family should have to go hungry or be without health coverage, but that’s exactly what’s happening in New Mexico,” said Teague Gonzalez, supervising attorney at the New Mexico Center on Law and Poverty. “We were encouraged by the plan we developed with HSD, but the department has stopped cooperating and is refusing to set deadlines and fix long standing problems. HSD needs to implement the plan they agreed to immediately.”

While HSD has made some progress, serious failures continue. In the motion, the Center charges that HSD has refused to implement a corrective action plan and court ordered changes including: 

  • Improving its notoriously faulty IT system so families with immigrant members are not illegally denied benefits or required to provide documents that are not necessary to get benefits for eligible family members; 
  • Fixing the language in form notices so they explain how families can prove their eligibility to maintain their food and medical assistance and clearly understand why they are denied benefits; and
  • Implementing basic eligibility content into a worker manual, improve regulations and worker training. 

The court mandated a review of HSD case files that was completed in February 2019. In this audit, the Center found tremendous errors in 67 percent of all cases involving immigrant families. Of these, 60 percent resulted in a delay of one month or more receiving assistance.

In 2016, the court held former HSD Secretary Brent Earnest in contempt for failing to remove systemic barriers to assistance for eligible families applying for food and Medicaid assistance and appointed a Special Master to monitor and make recommendations to the department.

Judge Kenneth Gonzales set a series of deadlines in April 2018 for HSD compliance with court ordered reforms. Under new HSD Secretary David Scrase, plaintiffs and HSD jointly drafted, and agreed upon, a corrective action plan that the court approved in July 2019. However, HSD hired a new acting general counsel in August 2019 and collaboration has halted.

The long-running Hatten-Gonzales lawsuit was originally filed in 1989. While some progress has been made, HSD has never satisfactorily addressed entrenched problems in administering food and medical assistance. In 2016, HSD whistleblowers testified that there was a statewide policy of falsifying information on emergency benefits applications so the agency could pass federal audits and deadlines. This illegal policy resulted in thousands of New Mexican families going without the food assistance they needed.

There will be a status conference on the state’s compliance with the multiple court orders to remove barriers to food and medical assistance for eligible families tomorrow at 10:00 a.m. in U.S. District Court in Las Cruces before Judge Kenneth Gonzales.

The court motion can be found here: http://nmpovertylaw.org/hatten-gonzales-v-earnest-motion-to-enforce-judgment-2019-11-19/

The New Mexico Center on Law and Poverty report on its 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/

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