Unpaid
wage claims under the Fair Labor Standards Act can support
immigrant-worker organizing campaigns. Legal services organizations
should prioritize wage-theft litigation with worker centers, as clients
see better case results and extend the reach of the litigation to
broader change. Advocates must beware of discovery tactics and
retaliation aimed at stifling immigrant clients’ participation in
employment cases.
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The
Patient Protection and Affordable Care Act amended the tax code to
improve the community benefit delivered by nonprofit hospitals. The Act
protects against aggressive billing and debt collection, encourages
transparency in financial assistance policies, and requires public
health and community input in assessing and meeting community health
needs. Advocates can push for stronger protections on the state and
local level by monitoring compliance, educating officials and consumers,
and participating in community-health-needs assessments.
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Teens
in foster care face many challenges. If a teen parent in foster care
becomes a respondent in a family court case, she faces another
challenge: the same child welfare agency responsible for her welfare as a
subject child is, in many jurisdictions, the same agency responsible
for proving that she is a neglectful or abusive parent. Not only does
this raise issues of trust for the teen parent, but also, because the
child welfare agency has a parens patriae
relationship with the teen parent, the agency has access to her
confidential medical and mental health history, which the agency often
uses to the parent’s disadvantage. Is this double role right and lawful?
If not, what should child welfare agencies be doing about it?
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Clearinghouse Review launches a new feature in this our first issue of
2012: Interview Afield. For forty-five years we have sought to introduce and
connect advocates with one another. We hope to further that role by briefly
profiling, in each issue, an advocate who has made a difference for low-income
clients. Leading off this series is Bob Capistrano, who began his legal
services career in 1976 as a VISTA (Volunteers in Service to America) lawyer
with San Francisco Neighborhood Legal Assistance Foundation. The foundation has
since merged with other programs to form Bay Area Legal Aid, where Bob is now director
of advocacy and managing attorney. A reliable author of Review articles (see Robert P. Capistrano, Making the Fair Hearing More Fair, 44 Clearinghouse Review 96 (July–Aug. 2010),
for his most recent contribution), Bob is on the faculty for Affirmative
Litigation Training, which the Sargent Shriver National Center on Poverty Law’s
training unit, formerly the Center for Legal Aid Education, will offer in March
2012 in the San Francisco Bay Are.
A
major aspect of the Patient Protection and Affordable Care Act, the
health reform law signed in 2010, was to bring health insurance
coverage--by broadening Medicaid eligibility to cover people up to 133
percent of the federal poverty level--to some sixteen million U.S.
residents who go without it. States are now making choices about how
they will implement this expansion, to take effect in 2014. As states
decide, advocates should weigh in to make sure that the Act’s promise of
quality, affordable health coverage, especially for vulnerable
populations, is fulfilled.
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Helping
low-income clients with medicaid problems is a complicated endeavor in
the best of times. With the economic recession prompting states to cut
Medicaid spending by reducing provider payments and covered benefits,
advocates for these clients face an even greater challenge. Even in
tough economic times, however, states have to follow state and federal
law when the cut Medicaid services. The states’ errors often follow
similar patterns, and advocates who understand those patterns are better
situated to help their clients.
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The Pickle Amendment allows individuals to qualify for Medicaid by subtracting from the countable portion of their social security income any cost-of-living adjustments received since their last Supplemental Security Income. Advocates can use a simple formula for calculation and screening.