Briefs, Pleadings, Comments, Advice & Advocacy Letters

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Sample briefs, pleadings, client advice letters, advocacy letters and comments prepared by advocates that can be used as models by other advocates.

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Lawsuits challenging Medicaid Redeterminations in FL and NC

NHelp with Florida Health Justice and with Charlotte Legal Advocacy
With the nationwide end of the pandemic-related continuous coverage/maintenance of effort policy that was in effect from March 17, 2020 until Mar 31, 2023, there has been a nationwide spotlight on administrative barriers that result in eligible Medicaid members losing coverage at…

30A Complaint in MSP Appeal

MLRI
Attached is a complaint for judicial review and declaratory judgment in an appeal from an adverse decision by the Board of Hearings. The case involved the failure of MassHealth to implement the Jan 1, 2023 expansion of the income eligibility criteria for Medical Savings Programs for people who…

Comments on Proposed MassHealth 1115 Amendments

MLRI, CHLPI, HCFA
In August 2023 MassHealth proposed 8 amendments to the current 1115 demonstration, with an opportunity to comment by Sept 9, 2023 including proposals to:  Provide 12-months continuous eligibility for all adults (continuous eligibility for children is already required as of Jan 1,…

Letter in Support of the Massachusetts Delegation’s Request for Streamlined Work Authorization for Parolees

MLRI
See the attached letter from MLRI to the Secretary of Homeland Security in support of the Massachusetts delegation’s request for streamlined work authorization for parolees.

Comments on MassHealth's Medicare Savings Program (MSP) Regs

MLRI and others
CMS approved a state plan amendment to increase the income disregard in the Medicare Savings Programs to 90% FPL effective Jan. 1, 2023.  MassHealth issued an EOM in Feb followed by emergency regulations with a comment period in May 2023. Attached are the comments of MLRI and 14 other legal…

IMCO's Comment Opposing the Administration's Proposed Asylum Transit Ban

Nursing home residents file class action to enforce rights to less restrictive settings

Center for Public Representation & GBLS
This is the complaint and link to the CPR website with more recent developments in  a class action lawsuit alleging Massachusetts’ officials have unnecessarily institutionalized individuals with various disabilities in nursing facilities and have failed to provide community residential services…

OP ED-- Let's end criminal record penalty--and save money too

David Siegal, Robert Cordy, Crispin Birnbaum, Pauline Quirion
  This is an op ed in favor of automatic criminal and juvenile record sealing and other improvements that can be made by pending legislation.  Contact Pauline at GBLS for more information at  pquirion@gbls.org

Fairness for Farmworkers Act

Fairness for Farmworkers Coalition
2021-2022 Legislative Session House 1979 sponsored by Representative Carlos Gonzalez Senate 1205 sponsored by Senator Adam Gomez   This legislation would reform Massachusetts wage and hour law to allow all Massachusetts farmworkers: To earn the same minimum wage as other workers…

30A Complaint & Memo of Law in PCA Case

Kate Symmonds, MLRI
This complaint seeks judicial review of the MassHealth Board of Hearings' final decision denying the appellant a fair hearing to contest a 50% reduction in her PCA hours because the reduction had been requested by  the  personal care management agency (PCM)  and approved…

MassHealth estate recovery amended regulations

MLRI
MassHealth proposed changed to its estate recovery regulations in Jan. 2021.  Attached are the comments submitted by MLRI and 13 other organizations urging MassHealth to further expand its undue hardship criteria for waiving estate recovery and improve notice to MassHealth members and their…

68 SNAP Coalition members sign on to American Rescue Plan SNAP funding letter

MLRI
Thanks to the American Rescue Plan, Massachusetts will receive nearly $29 million in additional SNAP administrative funds over the next three years. This funding presents significant opportunities for Massachusetts! The attached letter details a set of recommendations from MLRI and Coalition members…

DTA vacates permanent SNAP disqualification.

MLRI
Federal SNAP law imposes a permanent bar on SNAP benefits on any person who has been determined 3 times to have committed an IPV.   In this case, the alleged violations occurred in 1985, 1986 and 1991 and the IPVs were determined in 1987 and 1991. The client was permanently disqualified…

1115 Renewal Recommendations on Eligibility & Access

MLRI, HLA and GBLS
MassHealth has operated under a comprehensive 1115 demonstration since 1997 affecting most of its member under age 65. The current Demo period expires in June 2022 and MassHealth  will be submitting a proposal to renew the current 1115 Demonstration for another 5 years in late spring/early…

1115 Demo amendment comments by 16 organizations

MLRI
In March 2021, MassHealth released for comment proposed amendments to the current 1115 Demonstration to among other things extend the  Medicare Savings Program higher income limits to CommonHealth members without an asset test and to extend the current period of 60 days post-partum…

Comments Opposing Interim Final Rule Restricting COVID-19 Medicaid Protections

MLRI, GBLS, HLA and HCFA; NHeLP and Justice in Aging
Attached are comments written by MLRI, GBLS, HLA and HCFA and endorsed by 11 other Massachusetts organizations opposing an interim final rule (IFR) that would restrict the Medicaid protections enacted by Congress in the Families First Coronavirus Response Act. These comments were submitted…

Glynn v. Kershaw

MLRI
DTA has a policy requiring SNAP households who use their SNAP out of state for a certain period of time to re-prove their Massachusetts residency, and terminates the SNAP benefits if DTA doesn't get proof or doesn't think the proof provided is sufficient. MLRI recently file a lawsuit arguing…

Sample 209A Memos

Various
Below are sample memos that may be useful in 209A hearing.

Discovery Form (Housing Court)

Harvard Legal Aid Bureau
Discovery Form Template

Answer Form (Housing Court)

Harvard Legal Aid Bureau
Answer Form Template

IMCO Comments Opposing Asylum Regulations July 2020

MLRI
The Massachusetts Law Reform Institute (MLRI) respectfully submits this comment on behalf of the Immigration Coalition (IMCO) of the Massachusetts Law Reform Institute, which consists of the 14 regional legal aid programs in the Commonwealth of Massachusetts, including Greater Boston Legal Services,…

Motion to Dismiss an Essential Eviction- interview and automated document

Suffolk Law's LIT Lab
Suffolk Law's LIT Lab created this interview and resulting Motion to Dismiss an Essential Eviction in its Document Assembly project with the Massachusetts Access to Justice Commission's COVID-19 task force.     A pro see version of the…

Superior Court Decision Granting Hardship Waiver in Medicaid Estate Recovery Case

Judge Christine Roach
This was a Medicaid Estate Recovery case in which EOHHS was pursuing a reimbursement claim against the estate of a single parent who died at home leaving her disabled adult son living in the home along with the sister who had moved in after their mother's death. The family home was the only…

MLRI Statement on the Passage of Eviction and Foreclosure Moratorium Legislation

Massachusetts Law Reform Institute
Boston, Mass. – The Massachusetts Law Reform Institute (MLRI), a nonprofit statewide poverty law and policy center that advances laws and policies to secure economic, racial and social justice for low-income people and communities, is celebrating the passage of eviction and foreclosure moratorium…

"Recovery Rebate" for ITIN Taxpayers and their Families

Massachusetts Law Reform Institute
Provide a State-funded Cash Rebate for Massachusetts Families  who pay taxes with ITINs Legislation  House Bill 4726 and Senate Bill 2659, both pending in the Joint Committee on Revenue The Problem:  The economic recovery act that Congress recently passed provides a…

My Medicare Prescription Drug Plan Isn’t Covering My Medications! What Can I Do?

The Medicare Advocacy Project
Part D is Medicare’s outpatient prescription drug benefit. It is offered by a private health insurance company, in combination with Parts A and B (Original Medicare) or as part of a Medicare Advantage Plan. Plans differ in terms of what medications and pharmacies they will cover.  Plans…

VAWA Housing Protections still in effect: Template letter to courts

National Housing Law Project
Advocates are encountering courts that believe the housing protections under the Violence Against Women Act (VAWA) lapsed because of Congress’s failure to reauthorize VAWA in 2018. VAWA’s housing protections do not have sunset provisions and, therefore, did not…

Medicaid revises policy on home health aides & DME in response to advocacy letter

Office of Medicaid; MLRI, HLA, DLC & GBLS
In August 2018 legal advocates wrote to the Medicaid director identifying several ways that current MassHealth regulations and policies on home health aide services and durable medical equipment (DME) are out of compliance with federal Medicaid regulations and harming our clients. We outlined the…

Changing Your Locks for victims of DV, Sexual Assault and Stalking

Victims Law Center/ GBLS/ Various
Vicitms of Sexual Assault, Domestic Violence can change their locks quickly if they are afraid.  Read to find out how to do it properly.   Includes fact sheet and sample documents for getting the locks changed.

MLRI Letter to HWM on H2 proposal to drop 140,000 from MassHealth

Vicky Pulos
In January, 2018 the Governor's budget bill (H2) once again proposed dropping 140,000 nondisabled adults with income over 100% FPL but under 138% FPL from MassHealth leaving them with only potential ConnectorCare coverage. This letter to the Chair of the House Ways and Means Committee describes…

How Will a MassHealth Premium of 3% of Income Affect Children?

Vicky Pulos
MassHealth is proposing updating its premium and copayment charges by Jan. 2019.  This paper looks at what MassHealth's proposal to base premiums on 3% of family income for families with income over 150% of poverty will mean for children with income between 150-300% of poverty. 

Frequently Asked Questions: USCIS Is Accepting DACA Renewal Applications

National Immigration Law Center (NILC)
Produced by NILC and United We Dream, this updated FAQ sheet on DACA renewal is also available on NILC's website, here. This is a useful resource for determining whether a person is eligible to renew, and what the necessary steps entail. For the links to the relevant USCIS forms for…

Oct 20 CMS Comment Deadline on MassHealth 1115 Amendments

vicky pulos
On Sept. 8, 2017, EOHHS submitted a request to CMS to amend the 1115 Waiver to include a wide-ranging set of MassHealth eligibility and benefit cuts. Comments on the proposed changes must be filed with CMS by Oct. 20, 2017. Attached is a Table prepared by MLRI summarizing the July proposal to amend…

Action Alert: September 1 Comment Deadline on Ending Non-emergency transportation in CarePlus & Provisional Income Eligibility for Adults in MassHealth and the HSN

MLRI and others
MassHealth filed a proposal to end provisional income eligibility for adults in MassHealth and the Health Safety Net (except adults who are pregnant, HIV+ or in treatment for breast or cervical cancer) with a target date of October 2017.  This will delay enrollment for adults whose income is…

Advocates' Comments to EOHHS on 1115 Proposal

MLRI and others
In July 2017 EOHHS released for public comment proposed amendments to the MassHealth 1115 demonstration. The proposals among other things would lower the income standard for parents/caretakers and other non-disabled adults, deny MassHealth to non-disabled adults with access to Student Health…

30A Complaint for BOH Failing to Vacate Dismissal

Nancy Lorenz
This is a redacted Complaint seeking judicial review of the Board of Hearings final action denying the appellant's motion to vacate the dismissal of his appeal. The issue was whether he had good cause for his failure to appear. His counsel, Nancy Lorenz of GBLS, reports that the agency agreed to…

Fact sheet & Letters to FY 18 Conference Committee on Last Minute MassHealth Reform Proposals

MLRI, ACT Coalition
On June 20, the Governor asked the conference committee to include a package of reforms in the budget for the fiscal year staring July 1, 2017 including damaging cuts to MassHealth eligibility and benefits.  Attached is a two- page fact sheet with our critical concerns and…

Advocacy Brief: What Survivors Need to Know About Filing a Tax Return

Jamie Andree, JD & Theo Ciccarelli Cornetta, JD
In this Advocacy Brief, CSAJ’s Expert Advisors, Jamie Andree and Theo Ciccarelli Cornetta of Indiana Legal Services Low Income Taxpayer Clinic, demystify common tax issues facing survivors. The Advocacy Brief is designed to help advocates understand and address tax issues as well as enhance…

Getting Through and Being Heard: Limited English Proficiency and MassHealth

Laura Spark and Vicky Pulos
Attached is the report of a survey of bilingual enrollment assisters and advocates conducted by MLRI on the experience of Limited English Proficient  (LEP) MassHealth applicants and members attempting to communicate with MassHealth by telephone. The survey results identified multiple barriers…

Comments on Proposed Transportation Rules

MLRI and 9 others
Comments filed by MLRI and 9 other provider and consumer advocacy organizations recommending improvements in MassHealth transportation proposed regulations.

MLRI Comments on MassHealth Draft Language Access Plan

Vicky Pulos & Teresita Ramos
Attached are MLRI comments on MassHealth's Draft Language Access Plan. The Medicaid agency is required by law to provide meaningful access to its services to individuals who are not proficient in English. A language access plan should asses the language needs of the eligible population and…

GBLS DTA complaint language access April 2016

Naomi Meyer
Complaint filed by Naomi Meyer on behalf of LEP client who was denied DTA benefits due to language barriers.

MLRI Comments on National Directory of New Hires (NDNH)

Deborah Harris and Victoria Negus
Comments on the Interim Final Regulations implementing section 4013 of the Agricultural Act of 2014 regarding SNAP state agencies’ use of the National Directory of New Hires (NDNH).

Letter to Secretary Opposing Managed Care Lock-In

Vicky Pulos and others
This is a letter signed by legal aid and disability rights organizations to Sec. Sudders opposing the administration's proposal to go to a 12-month lock in for MassHealth beneficiaries who enroll in a Managed Care Organization. 

Alert: Health Safety Net Cuts: Public Hearing Feb. 26, 2016

Vicky Pulos
EOHHS has released proposed rules that will significantly restrict eligible services in the Health Safety Net as early as April 1. The rules can take effect only after a public notice and comment period. The attached FAQ  describes the HSN program, the proposed cuts, the rationale for the cuts…

Comments on Proposed Regulations on Nondiscrimination in Health Programs

MLRI and MHLAC
On Sept. 8, 2015, HHS published proposed rules implementing  section 1557 of the Affordable Care Act regarding nondiscrimination in health programs.  Attached are two comments on the proposed rules one submitted by  MLRI and one by MHLAC. It is not too late to comment, the comment…

Letter to EEC: Child Care Appeal Issues

GBLS
Letter from GBLS's Melanie Malherbe to the Department of Early Education and Care regarding EEC's unlawful deprivation of families' rights to financial assistance.   Issues addressed include The lack of authority for a 3-year bar EEC imposes where it has determined the…

Comments on House Ways and Means Committee Subcommittee on Human Resources Discussion Draft on TANF Reauthorization

MLRI
These comments,focus on provisions in the Discussion Draft and in current law that we think should be modified in order to help TANF serve the most disadvantaged families more effectively. 

Testimony Submitted Re An Act Relative to Special Juveniles

Various
Improving Access to Special Immigrant Juvenile Status (SIJ): Legal Services advocates and others recently submitted the attached testimony at a State House hearing concerning widely-supported and much-needed legislation to improve access to state courts for special immigrant juvenile abuse…

MA SNAP Crisis: Local and State Letters and Recommendations to Governor Baker, EOHHS and USDA

MLRI
Below are copies of letters sent to the Baker Administration and USDA about the current MA SNAP Crisis. Please consider writing a letter from your organization to USDA and the Baker Administration to share what you are seeing in your community and urge USDA and the Baker Administration to STOP the…