State illegally denies families food and medical assistance because it fails to provide translation and interpretation

Thousands of New Mexicans who qualify for food and medical assistance are illegally denied or delayed access to benefits because the state does not provide translation and interpretation services, charges a motion filed today by the New Mexico Center on Law and Poverty on behalf of applicants for food and medical assistance in the lawsuit Deborah Hatten Gonzales v. David Scrase

The motion asks the US District Court of New Mexico to order the New Mexico’s Human Services Department to comply with federal and court ordered requirements to translate food and medical assistance applications, notices, and informational materials into languages prominently spoken in New Mexico’s communities. 

Many New Mexicans speak languages other than English in numbers that require translation of food and medical assistance applications and documents under federal laws, including Vietnamese, Chinese, Dari, Arabic, Swahili, Kinyarwanda, and Diné. However, the state only provides written documents in English and Spanish. 

Advocates and applicants in the lawsuit report experiencing long delays and barriers in accessing food and medical care, which was especially difficult during the pandemic. Some lost food assistance multiple times because the notice about renewing benefits is only in English. Others reported having to pay private interpreters, despite having no income and having to deal with unnecessary in person contact during the public health emergency.

An HSD office turned away Cuc T. Nguyen, a mother of a 13-year-old son, when she tried to apply for Medicaid because applications were in English only and the worker did not provide a Vietnamese interpreter. HSD staff illegally told her to come back with her own interpreter although by federal law HSD is required to provide applications in Vietnamese and access to an interpreter. 

Community-based organizations that work directly with New Mexicans that speak languages other than English or Spanish, like the New Mexico Asian Family Center and the Refugee Well-being Project, report having to divert limited resources to provide translation and interpretation services that are the state’s responsibility under federal law. 

To help families who could not apply for or renew benefits on their own due to language barriers, the New Mexico Asian Family Center has taken on additional clients and diverted resources meant to assist survivors of domestic violence during the pandemic. 

“Everyone who qualifies should be able to access state services regardless of the language they speak,” said AnhDao Bui of the New Mexico Asian Families Center. “Excluding some people because they don’t speak English exacerbates health and economic disparities. This kind of discrimination is not new. Lack of translation is part of a systemic problem that ignores the existence of Asians in New Mexico.” 

HSD’s continued discrimination violates families’ civil rights and illegally forces New Mexicans to go without food and medical care. The motion charges that despite repeated attempts since 2009 to bring these issues to the New Mexico Human Service Department’s attention, in April 2021, HSD refused again to take further action to comply. 

“It’s unacceptable that HSD continues to discriminate against people by failing to translate documents with full knowledge that families are being harmed as a consequence,” said Verenice Peregrino Pompa, attorney with the New Mexico Center on Law and Poverty. “Now more than ever, HSD should be working with community members and plaintiffs in this case to resolve ongoing barriers to food and healthcare.” 

The long-running Hatten-Gonzales lawsuit was originally filed in 1989. 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. While HSD has made some progress, the court recently ordered HSD to implement a corrective action plan. 

The motion can be found here: http://nmpovertylaw.org/wp-content/uploads/2021/10/Doc.-1011_Motion-to-Enforce-Translation-and-Interpretation-2021-10-05.pdf

The exhibits can be found here: http://nmpovertylaw.org/wp-content/uploads/2021/10/Doc.-1011_-Exhibits-to-Motion-to-Enforce-2021-10-05.pdf

The September 2021 order for HSD to implement a corrective action plan can be found here: http://nmpovertylaw.org/wp-content/uploads/2021/10/Doc.-1009-Order-Re-Case-Review-CAP-2021-09-09.pdf

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

Federal Court Hearing on HSD Compliance with Orders to Remove Barriers to Food and Medical Assistance on Wednesday, November 29

LAS CRUCES, NM— On Wednesday at 1:30 p.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 timely and accurately provide food and medical assistance to eligible families.

Last year, Judge Gonzales held the HSD secretary 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 recommended that HSD cease any program changes not required by federal law and that the department make changes in its management.

Despite the court orders and Special Master’s recommendations, HSD continues to improperly deny eligible New Mexicans food and medical assistance–in November of 2017, HSD had a backlog of over 17,000 unprocessed SNAP and Medicaid cases. The department has also failed to make any management changes and is proposing large-scale changes to the Medicaid program, including charging premiums and Medicaid co-pays, that are not required by federal law.

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:
Wednesday, November 29, 2017 at 1:30 p.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
HSD Secretary and Attorneys

Public Hearings on Human Services Department’s Medicaid Plan Ongoing  

ALBUQUERQUE, NM — Public hearings start this week on the Human Services Department’s (HSD) recently released plan for the future of Medicaid in New Mexico – Centennial Care 2.0.

More information about Centennial Care 2.0 can be found on the HSD website here.

The Center on Law and Poverty has released a packet of information detailing alarming changes from the plan that will be harmful and costly to our families and the State that can be found here. Stakeholders are expected to be present to provide public comment at the hearings.

HSD Public Hearings

  • June 14th – Albuquerque – 3:30-5pm – CNM Workforce Training Center (5600 Eagle Rock Ave. NE, Albuquerque, NM 87113)
  • June 19th – Silver City – 4:00 – 6:00 pm – WNMU – GRC Auditorium (1000 W. College Ave., Silver City, NM 88061)
  • June 21st – Farmington – 4:30 – 6:30 pm – Bonnie Dallas Senior Center (109 E. La Plata St., Farmington, NM 87401)
  • June 26th – Roswell – 4:30 – 6:30 pm – Roswell Public Library (301 N. Pennsylvania Ave., Roswell, NM 88201)

Tribal Consultation Hearing

  • June 23rd – Albuquerque – 9:00am – noon – Indian Pueblo Cultural Center (2401 12th Street NW, Albuquerque, NM 87104)