Law Overviews & Guides

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Comprehensive guides and overviews of legal topics intended for advocates; in general, do NOT code simple fact sheets or client education materials with this term.

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2015 Transition Rights to Medications Under Medicare Part D

Justice in Aging
This paper provides information about beneficiaries' rights to access transition supplies of medications when facing changes to their Medicare Part D plans.

Excerpt from a report on criminal justice system involvement of LGBT Clients

Rebecca Vallas & Sharon Dietrich
The attached document quotes a recent 2014 report by Rebecca Vallas & Sharon Dietrich which says that LGBT clients have a high incidence of criminal justice system involvement.  A link to the full report is included below too.

Nationwide: maps with summaries of law in all states

Human Rights Campaign Fund
summaries of the law, including but not limited to applicable laws on marriage, hospital visitation, second parent adoption, anti-discrimination, employment, public accommodations

Getting MAGI Right: A Primer on Differences that Apply to Medicaid and CHIP

Tricia Brooks, Georgetown Health Policy Institute
Another helpful resource explaining the MAGI income methodology now being used in Massachusetts for most people under 65 in MassHealth and for people seeking subsidized insurance through the Connector

Massachusetts adopts the Adult Guardianship and Protective Proceedings Jurisdiction Act

Mental Health Legal Advisors Committee
This document provides links to resources regarding the Massachusetts adoption of the Adult Guardianship and Protective Proceedings Jurisdiction Act.

FY 2015 Budget for MassHealth & Health Reform Programs

MMPI, MassBudget and MLRI
This budget brief summarizes MassHealth and health reform spending in the 2015 budget. 

DESE Technical Assistance Advisory 2014-5 Charter Schools and Students with Disabilitities

Mass Department of Elementary and Secondary Education (DESE)
Charter School Responsibilities for Students with Disabilities Who May Need an Out-of-District Program - 603 CMR 28.10(6) All Massachusetts public charter schools are required to accept, enroll, and serve students with disabilities and to provide a free and appropriate public education to those…

Criminal Record Sealing Alert For Advocates: SJC Lowers Legal Standard to Seal in Commonwealth v Pon

Pauline Quirion, GBLS
Here is an analysis of the new SJC case and what it means - information for advocates on the new "good cause" standard set forth in Commonwealth v. Pon for sealing criminal records.

CORI ALERT FOR PEOPLE TRYING TO SEAL THEIR RECORDS (After New SJC Case Com. v. Pon, 2014)

Pauline Quirion, Greater Boston Legal Services
People whose petitions to seal their criminal records of cases ending in a NON-CONVICTION (dismissal, nolle prosequi, or not guilty finding ) were denied by a court, can re-file for another hearing because the Supreme Judicial Court has lowered the standard for sealing of records. This flyer…

Autism Omnibus Bill

The Autism Omnibus Bill, signed by the governor on August 6, 2014, resulted from the work of the Autism Commission. The bill includes six pieces of legislation: Masshealth to cover medically necessary treatment for children with autism, including ABA Therapy and devices for communication; the…

The Health Care Assister's Guide to Tax Rules

Center on Budget and Policy Priorities
Another great resource from the Center on Budget in D.C. to help advocates understand the new Modified Adjusted Gross Income (MAGI) methodology that will be used to determine eligibility for Medicaid for most adults under age 65 & eligibility for premium tax credits & other assistance…

Chapter 148/Acts of 2014 - Domestic Workers' Bill of Rights

Monica Halas, GBLS
Section-by-Section description of new legislation, "Domestic Workers' Bill of Rights (chapter 148 of acts of 2014).

How We Won School Discipline Reform in Massachusetts: Chap 222

Thomas Mela
Article on the website, National Opportunity to Learn, about the history of Chapter 222, by Tom Mela, ~~Senior Project Director at Massachusetts Advocates for Children (MAC). Tom worked with the Education Law Task Force (ELTF) and Rep. Alice Wolf for years to get the legislation passed and then…

Comparison of FY 15 House & Senate Budgets for Health Programs

MMPI, MassBudget & MLRI
Comparison of the House & Senate budget proposals for MassHealth & Health Reform program in the FY 15 budget. 

U Visas for Victims of Workplace Crime: A Practice Manual

National Employment Law Project (NELP)
U Visas for Victims of Workplace Crime: A Practice Manual Click here to go to Manual The 190-page manual covers: U visa basics: overview of statutory requirements and application process Legal analysis and examples of qualifying criminal activity in the…

Just Like Home: An Advocates Guide to Consumer Rights in Medicaid HCBS

Justice in Aging
From the introduction to the Guide: "The National Senior Citizens Law Center (NSCLC) [now called Justice in Aging] believes that home and community-based services (HCBS) should be provided as an option to every Medicaid beneficiary (consumer) who needs such services, allowing more…

Understanding the ACA: 2014 MassHealth Eligibility Changes for Children & Young Adults

Vicky Pulos
Short summary of 2014 changes affecting the eligibility of children and young adults for MassHealth with citations to the state regulations.

Understanding the Affordable Care Act: How MassHealth Counts Income After Jan. 1, 2014

Vicky Pulos
This updated paper from MLRI describes changes in the methodology for determining income that were enacted as part of national health reform and how they will be implemented in MassHealth starting Jan. 1, 2014. The new tax-based methodology will affect most people on MassHealth except…

Continuing Disability Reviews

Linda Landry, Disability Law Center
An overview of the process, for attorneys and advocates.

Bankruptcy Basics

United States Courts
The United States Courts have developed a series called Bankruptcy Basics, which provides  basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of federal bankruptcy laws. It also provides individuals who may be considering bankruptcy…

SSI Overpayment Booklet

Disability Law Center
SSI Overpayment: What you can do when Social Security claims you were paid too much SSI

Summary of Chapter 222 of the Acts of 2012

Thomas Mela, MAC
Summary of the Provisions of Chapter 222: An Act Relative to Students’ Access to Educational Services and Exclusion from School. Chapter 222 shall take effect on July 1, 2014.

Beyond the Basics -CBPP health reform website

The helpful website developed by the Center on Budget & Policy Priorities is devoted to Affordable Care Act implementation issues. It includes powerpoints from past CBPP webinars on topics such as MAGI and Premium Tax Credits, frequently asked questions and other resources. It addresses a…

Mapping tool for racial segregation in housing

University of Virginia Weldon Cooper Center for Public Service
Racial dot map based on 2010 Census Block data, produced by Weldon Cooper Center for Public Service.

Re-Forming Reform Pt. 2: Implementing the Affordable Care Act in Mass.

Elizabeth Rodman, BCBS Foundation
Good summary of the changes in subsidized coverage scheduled to take effect on Jan. 1, 2014 & other reforms in the private insurance market in Massachusetts.  Readers should be aware that many of the changes described have been delayed due to the failure of the new HIX-IES eligibility…

Navigator Resource Guide

Center on Health Insurance Reforms, Georgetown University
This link takes you to a helpful set of FAQs from Georgetown's Center on Health Insurance Reforms, chis.georgetown.edu, focusing on private insurance reforms of the Affordable Care Act including the Marketplaces, Benefits, Cost standards and Premium Tax Credits.  It is written for a…

All in the Family

Richard Yurko
Boston Bar Journal article about marriage equality, DOMA and families.   

A State’s Fight For Marriage Equality: Advancing Goodridge’s Promise by Ending DOMA

Maura Healey
Boston Bar Journal article about Goodridge, DOMA and marriage by Maura Healey who is now Attorney General of Massachusetts

TANF and Racial Justice

Mary R. Mannix and Henry A. Freedman
A link to a pdf article on the Clearinghouse Review website.

Health Information for Nonhealth Advocates

Vicky Pulos, Neil Cronin, MLRI
What Advocates Who Don't Practice Health Law Should Know About Health Law: May 2013. This helpful 2013 fact sheet gives basic information about how your clients can get subsidized health coverage, get access to medical and behavioral health care and take advantage of some little known…

Understanding the Affordable Care Act: Six Ways It Will Affect Access To Coverage for Low Income People in 2014

Vicky Pulos
Description of 6 ways that national health reform implementation in Massachusetts will affect access to coverage for low income people in 2014, many of whose key provisions do not take effect until January 2014. This summary explains legislation, recommendations from the Affordable Care Act…

E4FC Publication -- GOT DACA, NOW WHAT? What To Know When Your Deferred Action For Childhood Arrivals Request Is Approved

E4FC
ABOUT THE PUBLICATION Through Deferred Action for Childhood Arrivals (DACA), nearly 270,000 undocumented young people have been granted a reprieve from deportation and the ability to put their talents and skills to work. However, receiving DACA is just the beginning. In this publication, we help…

Prioritizing Debts of Survivors of Domestic Violence

Fred Corbit
Powerpoint slides for Fred Corbit's webinar, "Prioritizing Debts of Survivors of Domestic Violence."

Language Access in the Federal Courts

Laura Abel
Abstract: "The nation’s federal courts once led the way in providing access for people with limited English proficiency (LEP) in English. However, they have not kept pace as federal agencies and state courts have expanded language access far beyond what the federal courts provide,…

BC Post-Deportation Human Rights Project / Legal Resources

BC Post-Deportation Human Rights Project
The Post-Deportation Human Rights Project, based at the Center for Human Rights and International Justice at Boston College, is a pilot program designed to address the harsh effects of current U.S. deportation policies. See the Post-Deportation Human Rights Project's website for legal resources…

Preparing for Court Proceeding With Survivors of Domestic Violence: Tips for Civil Lawyers and Legal Advocates

National Center on Domestic Violence, Trauma & Mental Health
Click on link below 'Go To Website' to access this informative four page guide by the National Center on Domestic Violence, Trauma & Mental Health. The guide is filled with tips for civil lawyers and legal advocates preparing for court proceedings with survivors of…

Domestic Violence Screening Tool For Consumer Lawyers

The Consumer Rights for Domestic Violence Survivors Initiative
To effectively advocate for remedies that balance economic and physical safety considerations, consumer lawyers need to identify whether their client is a survivor of domestic violence and acquire an understanding of the risks and needs arising out of their client’s experience. This document…

Joint Custody Laws and Policies in the Fifty States: A Summary Memorandum

J. Herbie DiFonzo, Kristin Pezzuti, Nicole Guliano, and Diana Rivkin
From the introduction: This Memorandum summarizes the legal principles that guide courts in the determination of joint custody issues throughout the United States.  It was originally prepared for the AFCC Think Tank on Closing the Gap: Research, Practice, Policy and Shared Parenting,…

Transition Age Youth Resources

Jennifer Honig, MHLAC
Transition Age Youth Resources This is a document where we can all add links to certain categories of information pertinent to transition age youth in Massachusetts: 1.       Existing direct service resources or resource guides DMH Young Adult Resource…

Massachusetts Eviction Storage Law

MLRI
Massachusetts law provides important rights to tenants who are facing an eviction or who have been evicted. This booklet answers basic questions about the Massachusetts eviction storage law.  This booklet was written comtemporaneously with the enactment of the law and the promulgation of the…

Q & A on Training Opportunities (and continued UI benefits) for UI Claimants (Section 30 Training)

Monica Halas, GBLS
Here is a way to help your client obtain additional unemployment benefits. As a result of a recent GBLS Employment Unit lawsuit, DUA has agreed that, during the period that federal extended benefits are being paid (i.e until December 31, 2013), it will not enforce the deadline for applying for…

Maintaining Safe and Stable Housing for Domestic Violence Survivors

National Housing Law Project
Maintaining Safe and Stable Housing for Domestic Violence Survivors A 2012 Manual for Attorneys and Advocates.  Includes chapters on: Safety Planning in Rental Housing Common Landlord-Tenant Issues That Domestic Violence Survivors Encounter Domestic Violence Survivors’ Rights…

Guide for Domestic Workers and their Employers

Brazilian Immigrant Center: Domestic Worker Law and Policy Clinic and Northeastern University School of Law
From the introduction to the manual: Purpose This manual’s purpose is to educate domestic workers and their employers in Massachusetts about their legal rights and obligations. Domestic workers are often unaware of their workplace rights; similarly, many employers of domestic workers are…

Advocates Guide: Medicaid Long Term Services & Supports 101: Emerging Opportunities & Challenges

National Senior Citizens Law Center
Medicaid is the single largest purchaser of long-term services and supports (LTSS) in the United States. The current legal and political landscape presents both great opportunities to expand low-income individuals’ ability to receive needed LTSS services at home, and tremendous challenges for…

USCIS DACA Fee Exemption Guidance

USCIS
The fee to request consideration of deferred action for childhood arrivals (DACA) is $465 and cannot be waived. However, fee exemptions are available in very limited circumstances. In order to be considered for a fee exemption you must submit a letter and supporting documentation demonstrating that…

MassHealth and Health Reform Provisions in Chapter 118, Acts of 2012

MMPI, MassBudget and MLRI
This Budget Brief summarizes provisions affecting MassHealth and Health Reform in a 2012 supplemental budget including authorization for EOHHS to establish a Basic Health Program for state residents up to 200% of poverty pursuant to an option in the Affordable Care Act (ACA) and to supplement ACA…

Guidelines On Abuse Prevention Proceedings

Rebecca Cazabon, Esq.
Guidelines On Abuse Prevention Proceedings: Navigating Rough Seas Article written by Rebecca Cazabon, Pro Bono Managing Attorney at Foley Hoag LLP. Explains how the Guidelines for Judical Practice can be utilized as an effective resource in navigating complex issues that can develop in…

2012 VA Health, Income and Other Benefits Guide

Community Access National Network
VA benefits guide, written by Thomas McCormack (Community Access National Network).

RSI/ SSI Benefits for Those Age 65 and Older: An Overview

Linda Landry, Svetlana Uimenkova, Disability Law Center
A general overview of Social Security Retirement Insurance (RSI) and Supplemental Security Income (SSI) Benefits for low-income people age 65 and older. (Note -- if you are viewing this overview online, download the Word version instead of the PDF, because the links in the Word version are…

Massachusetts SSI State Supplement Program (SSP) Q & A

SSP Project Team, UMass