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Legal Services Journal - Fall 2009 Issue


Articles in this Issue

2009 Domestic Violence Law Legislative Update
November 2, 2009
Despite the well-publicized legislative challenges of last summer, a great many bills addressing domestic violence and other issues of interest or concern to families were, ultimately, enacted. Read More

Class Action Lawsuit Challenges State Child Care Co-payment Regulation
November 2, 2009
Every year, federal child care funds of nearly one billion dollars provide child care subsidies to low income families in New York State. Read More

Emergency Rule Reduces Payment Rate to Legally Exempt Child Care Providers with Training
Is this Legal? Good Policy?
November 2, 2009
After years of making strides to improve the quality of all types of child care, the Office of Children and Family Services (OCFS) has taken the puzzling step of reducing the payment rate to legally exempt providers who enhance their skills by engaging in ten hours of professional development per year. Read More

ADA Regulations Defining Disability Available for Public Comment
November 2, 2009
Significant changes to the definition of disability became effective on January 1, 2009 under the ADA Amendments Act of 2008 (ADAAA.) Read More

"SNAP" - Supplemental Nutrition Assistance Program
November 2, 2009
Annual Changes Effective October 1st - The annual income thresholds increased as of October 1, 2009, however, the maximum allotments have not changed. Read More

Ensuring Access to Public Benefits: Litigation Updates
November 2, 2009
Medicaid, Family Assistance, Safety Net Assistance, Home Energy Assistance, Food Stamps: the array of public benefit programs in New York are offered with the dual goals of meeting the critical, basic needs of low and moderate income households and acting in accordance with our state Constitutional mandate to provide care for the needy. Read More

Public Assistance Sanctions and People with Disabilities
November 2, 2009
A stark reality of New York’s welfare system is that over time many households have their benefits reduced or terminated as a result of sanctions for alleged non-compliance with the public assistance work rules. Read More

Overcoming Intimidation and Harrassment of Migrant Farmworkers
November 2, 2009
Last year, only a few months after I began working at Farmworker Legal Services of New York (FLSNY), I received a fax scrawled with ethnic slurs and xenophobic remarks, interspersed with irrelevant provisions of immigration law and accusations that our office was harboring terrorist sympathizers, aiding and abetting them in evading authorities and violating the law. Read More

Consumer Financial Protection Agency Required Now
November 2, 2009
As Congress takes up the issue of financial reform this fall, it should pass legislation creating a Consumer Financial Protection Agency (CFPA) to protect consumers from abusive financial products. Read More

Alleged Probation Violations Lead to Automatic Termination of Benefits
November 2, 2009
In 1996, Congress added a provision in its sweeping welfare reform legislation to prevent fleeing felons and parole violators from accessing most federally funded assistance programs. Read More

New York Revises Power of Attorney
November 2, 2009
Significant changes to the use of powers of attorney in New York became effective September 1, 2009. Presently, this instrument is utilized in transactions that are much more complex than originally envisioned by the law. Read More

How a (Survey) Monkey is Helping Revitalize the Public Benefits Task Force
November 2, 2009
In the past the Welfare Task Force, coordinated and led by Empire Justice staff, was a major force in developing advocacy approaches, providing training, support and networking opportunities for welfare advocates located throughout New York. Read More

Medicaid/Medicare Dual Eligibles: Who Pays the Piper?
Cost Sharing Confusion for Clients in the QMB Program
November 2, 2009
Joe Client is disabled and lives only on SSI and SSD. His health care is covered by Medicare, and Medicaid’s Qualified Medicare Beneficiary (QMB) program picks up his cost-sharing obligations. He went to the doctor recently and, as with any other Medicare beneficiary, the doctor handed him a bill for his co-pay. Now Joe has a bill that he can’t pay. Can you help him? Does he have to pay? Read More