LEGAL ACTION CENTER

Legal Action Center is thrilled to report that two of our re-entry bills and a number of other bills that we and other advocates fought for have now been signed into law!

Health Care Reform Implementation for Substance Use Disorder & Mental Health Services

Since its passage in March, many people and organizations have been trying to better understand how the new healthcare provisions will affect them, and when those changes will be implemented.

Using the larger insurance provisions timeline from The Commonwealth Fund, LAC has developed a timeline for measures being implemented in 2010 that directly affect individuals and organizations dealing with SUD/MH issues.

Summary of the Certificate Equivalency Bill Signed Into Law on June 22, 2010

The Certificate Equivalency Bill, which was included in the 2010-2011 budget and signed into law by Governor Paterson on June 22, 2010, makes changes to many different sections of the law to ensure that either Certificates of Relief from Disabilities (CRDs) or Certificates of Good Conduct (CGCs) are accepted for the purpose of overcoming barriers to obtaining employment and occupational licenses.

NY: Action Alert! Urge Albany to Use Federal Funds to Maintain ATI and Re-Entry Programs

The National Impact: Week of May 4, 2010

The National Impact newsletter provides the latest updates from the Legal Action Center and State Associations of Addiction Services' joint National Advocacy Campaign for Smarter and More Effective Alcohol and Drug Policies (NAC). To learn more about the campaign, its goals, accomplishments, and how you can get involved, please visit the NAC website.

This week in the National Impact:

NY: Urgent Action Alert! Urge Legislature to Use Federal Funds to Restore Cuts to ATI and Re-Entry

Although ATI programs have been critical to reducing the prison population and crime and are essential to the success of Rockefeller drug law reform, they face potentially massive funding cuts because of the state’s fiscal struggles.

Now is the time to create enormous pressure on both houses to use federal funds to restore Alternatives to Incarceration and Re-entry related funding.

Update: Details on Healthcare Law’s Landmark Expansion of Addiction/Mental Illness Coverage

On March 24th, President Obama signed into law H.R. 3590, the “Patient Protection and Affordable Care Act.” The new law, approved by the U.S. Senate on December 24, 2009 and the U.S. House of Representatives on March 21, 2010, is expected to expand healthcare coverage to tens of millions of Americans that are currently uninsured, resulting in 95 percent of the legal population being covered.

The new federal healthcare law includes a number of provisions aimed at improving coverage for and access to substance use disorder and mental illness prevention, treatment, and recovery services, a result of strong bi-partisan support in Congress and by the Obama Administration in addition to a unified and coordinated effort by advocates for people in need of substance use disorder and mental illness prevention, treatment and recovery support services.

The following is an overview of key components of the final legislation, including critically important addiction and mental health provisions included in the new law. The below also highlights provisions in the reconciliation bill, which was signed into law on March 31st and that amends certain provisions of the new law unrelated to the addiction- and mental health-specific provisions listed.

How Drug and Alcohol Treatment Programs Can Comply With the 2010 Census

Many drug and alcohol residential programs and half-way houses have been asking how they can cooperate with census takers, as they make their rounds in 2010, without violating the federal confidentiality law and regulations. The Legal Action Center called the Census Bureau to determine exactly what information census takers will be seeking and how they plan to approach residential treatment programs. We believe we have found a way for programs to cooperate fully with census takers without jeopardizing the confidentiality of their patients' identities.

LAC Testifies at NY State Legislature Joint Budget Hearing on Public Protection

On Monday, February 8, 2010, New York State Senate Finance Committee Chair Carl Kruger, and Assembly Ways and Means Committee Chair Herman "Denny" Farrell conducted the joint budget hearing focused on funding for public protection and keeping communities safe. A panel of criminal justice agencies, led by Deputy Secretary Denise O'Donnell from NYS Division of Criminal Justice Service and including Parole and Corrections testified on public protection budget issues.

Legal Action Center Director of New York State Policy Tracie M. Gardner testified at the hearing on behalf of of the ATI and Reentry Coalition. To read her testimony, or to download the pdf, please "Read More.

Healthcare Update, Parity Regulations, and Preliminary Analysis of 2010-2011 Federal Budget

Health Care Reform Update:

Although Congress has shifted its agenda from health care to stimulating job growth, Congressional leaders continue to explore ways to pass health reform. Democrats may try to persuade the House to pass the Senate bill as is and use the filibuster-proof reconciliation process in the Senate to make certain fixes demanded by the House, or they may attempt to develop a scaled-back bill that can pass both chambers.

LAC continues to monitor the situation closely while working with our Congressional allies to ensure that addiction and mental health are equitably included in any reforms considered by Congress.

Parity Regulations Released:

On Friday, January 29th, the Departments of Health and Human Services, Treasury, and Labor released the “interim final” rule and regulations governing implementation of the Wellstone/Domenici Mental Health Parity and Addiction Equity Act.

The regulations include a number of strong provisions consistent with Congressional intent to improve access to critically important addiction and mental health treatment for millions of Americans. The rule will become effective April 5th and applies to group health plans and issuers with plan years beginning on or after July 1, 2010.

Please click here for a summary of major provisions of the interim final parity rule.

Legal Action Center Wins Major HIV Discrimination Case Against Day Camp

The Legal Action Center won a major victory when the United States District Court for the Southern District of New York ruled that the Rockland County, New York-based Deer Mountain Day Camp violated federal and state anti-discrimination law by excluding a 10-year-old boy from its one-week basketball program because he is HIV positive. The case, decided January on 13, 2010, is the first in the country to address the issue of HIV-positive children in camp and one of just a handful to address the participation of HIV-positive children in extra-curricular activities.

LAC Testifies at Public Hearing on IOLA and the Future of Civil Legal Services in NYS

On Thursday, January 7, 2010, Legal Action Center Vice-President Anita Marton testified at a public hearing on IOLA and the Future of Civil Legal Services in New York State. The hearing, held at the Empire State Plaza Concourse in Albany, was sponsored by New York State Senator Ruth Hassell-Thompson, Chairwoman of the Standing Committee on Crime Victims, Crime and Correction, Senator John Sampson, Chairman of the Senate Standing Committee Judiciary, and Assemblywoman Helene E. Weinstein, Chairwoman of the Assembly Judiciary Committee.

The IOLA (Interest On Lawyer Account Fund) Fund, in existence since 1983, is used as a means to provide additional financial support to civil legal service organizations. The money is used to provide lawyers to indigent people in dire circumstances who need representation for foreclosure actions, unemployment hearings, landlord tenant eviction proceedings, fair hearings and many other legal actions. The purpose of the hearing was to provide the Legislature with information to help its efforts to address the funding crisis for New York's civil legal services programs, so that it may better meet its responsibilities to at-risk New Yorkers and the cause of equal justice under law.

To read LAC's testimony, or to download the pdf, please "Read More."

HIRE Network Applauds Landmark Decision Challenging Felony Disenfranchisement; Increase in Funding

On January 5, 2010, the Ninth Circuit Court of Appeals rendered a decision in a landmark voting disenfranchisement case that struck a blow to Washington State's voting law that disenfranchised thousands of individuals with past felony convictions residing in the state, a disproportionate number of these individuals were Blacks, Latinos, and Native Americans. This landmark decision further illuminated the startling statistics that show that people of color are disproportionately represented in this country's criminal justice system, thereby, disproportionately impacted by legal and policy barriers that prevent them from fully participating in society after paying their debt to society.

In federal budget and other legislative news, Congress passed its FY 2010 federal funding bills. Under the FY 2010 spending package approved by Congress, programs authorized by the Second Chance Act would receive $100 million, an increase of $75 million over FY 2009.

LAC VP Weighs In on Times Article

On December 28, 2009, the New York Times’ cover story, “The Recession Begins Flooding Into the Courts“ explored how courts are being inundated by cases due to the downturn in the economy. [Full article here]

LAC Vice President Anita Marton responded to the article by emphasizing that funding to provide legal services to the indigent has also been hard hit by the recession.

To read the full response to the Times' article, click “Read More.”

LAC Coordinates Advocacy Day with NY Alcoholism and Substance Abuse Providers

On October 21, Legal Action Center, in partnership with the Alcoholism and Substance Abuse Providers of New York State, coordinated a day of advocacy with the New York Congressional Delegartion in Washington DC. Advocates addressed the need to expand funding for alcohol/drug addiction prevention, treatment and recovery, as well as highlighting the importance of full and equitable coverage for alcohol/drug and mental health services in any version of national healthcare reform.

Congressman Tonko accepts an award from LAC and ASAP representatives.

From left to right: Robert Ross, Henry Bartlett, Kathy Ayers-Lanzillotta, John Coppola, Ron Williams, Congressman Paul Tonko, Paul Samuels, Ira Marion, and Ashley Johnson.

LAC Honors Daniel K. Mayers and Esta E. Stecher

On Tuesday, November 10th, 2009, Legal Action Center honored this year’s recipients of the Arthur Liman Public Interest Award: Daniel K. Mayers and Esta E. Stecher. A retired senior partner at Wilmer Cutler Pickering Hale & Dorr LLP, Mr. Mayers has been on LAC's Board of Directors for 31 years and Chairman for the last 11 years. Ms. Stecher is the Executive Vice President and General Counsel of Goldman Sachs, and is nationally recognized for her outstanding corporate leadership, distinguished legal career, and philanthropic activities.

The event, held at the Tribeca Rooftop in New York City, was chaired by Stephen M. Cutler, the General Counsel at JPMorgan Chase & Co., and Brad S. Karp, Firm Chairman of Paul, Weiss, Rifkind, Wharton & Garrison LLP.

LAC’s Anti-Discrimination Webinar Series: Available Online

LAC’s highly acclaimed "Know Your Rights" webinar series: Anti-Discrimination Laws Protecting People with Alcohol and Drug Problems and Criminal Records, is now available on this website for viewing at any time. Created under the Partners for Recovery Initiative of the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), this free, five-part series covers anti-discrimination laws protecting people with alcohol/drug histories and criminal records.

To access the webinars and the written answers to questions raised by participants, please visit the Webinar Achives Page.

LAC VP Moderates Rockefeller Drug Law Panel

On Tuesday, September 8, 2009, LAC’s Vice President Anita Marton moderated a panel on Rockefeller Drug Law Reform: A Step Towards Smarter Sentencing Policy for the 21st Century.

The panel was presented in conjunction with The New York Lawyer Chapter of the American Constitution Society and Fordham Law School's Louis Stein Center for Law and Ethics, and featured Martin F. Horn, Alan Rosenthal, and Cy Vance, Jr.

LAC Offers Free Anti-Discrimination Webinar Series

LAC launches its first ever "Know Your Rights" webinar series: Anti-Discrimination Laws Protecting People with Alcohol and Drug Problems and Criminal Records. Created under the Partners for Recovery Initiative of the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), this free, five-part series covers anti-discrimination laws protecting people with alcohol/drug histories and criminal records. For more information and to register, please visit our Training Materials section or the series homepage.

New York Passes Rockefeller Drug Law Reform

Comprehensive reforms of the Rockefeller Drug Laws were signed into law by Governor David Paterson on April 7, 2009. A ceremonial signing of the Rockefeller Drug Laws was held on April 24, 2009, at Elmcor Youth and Adult Activities, Inc., a drug treatment facility in Queens.

The Legal Action Center has worked to reform the Rockefeller-era drug laws ever since they were enacted, over thirty five years ago.

LAC Distributes Letter Calling for More Inclusive Healthcare Reform

In March 2009 the Legal Action Center wrote and distributed a sign-on letter, addressed to President Obama, outlining the critical need for including mental health and addiction prevention, treatment, and support services in national healthcare reform. The letter was circulated widely and a total of 176 organizations from across the country signed on, including 83 national organizations. Copies of the letter were sent to the White House and key leaders in the executive branch, including the President's nominees to direct the Office of National Drug Control Policy and the Department of Health and Human Services. Copies were also sent to a number of leaders in the U.S. House and Senate expected to play major roles in developing and passing healthcare reform legislation.

LAC Launches New York State E-Health Website

The Legal Action Center has launched a new ehealth4ny website - www.ehealth4ny.org - dedicated to educating New Yorkers about the benefits offered by growing electronic health information networks in the state, and the options and choices New Yorkers now have for reaping those benefits in their own lives. This new website offers comprehensive resources to help New Yorkers inform themselves about what eHealth means, why it matters to patients and their caregivers, and how people can put eHealth to work so they, and their health care providers, can better manage their health care, while also protecting their privacy.

“Fail First” Policies and Other Barriers to Access to Effective Medications

Research by the NIH's National Institute on Drug Abuse and National Institute on Alcohol Abuse and Alcoholism and other leading scientists has proven that alcohol and drug addiction is a disease that can be treated successfully, and has identified a number of medications that are effective tools in treating addiction. But these effective interventions are reaching very few of the more than 23 million Americans who suffer from substance use disorders. Both the public and private sectors inadequately fund addiction treatment and create barriers to providing medications and other successful treatments to those who need them.

LAC Releases New Drug Law Reform Costs Savings Report

The Legal Action Center has just completed a new study, Drug Law Reform 2009 - Dramatic Costs Savings For New York State, which finds that New York would save over a quarter billion dollars a year by reforming the Rockefeller-Era Drug Laws. When drug law reform is fully operational, it is estimated that New York would save $267,660,000 a year. Even in the first year, estimates show that New York would realize tens of millions of dollars in savings. The study calculated the cost savings that would accrue to New York State by diverting addicted individuals charged with second, non-violent, non-sex felony offenses from prison to community-based treatment, as they comprise the vast majority of individuals who are mandated into prison under current law. LAC believes such individuals should be diverted into mandated treatment if the laws are reformed. The study excludes people charged with Class A felonies. The findings take into account savings generated by the elimination of costs associated with incarceration; savings related to reduced foster care, health care and welfare costs; and increased tax contributions. To see the full study, click here.

Whoopi Goldberg Joins LAC at Rockefeller Hearings

The New York State Assembly held a hearing on May 8^th -- the 35^th anniversary of the enactment of the New York State's notorious Rockefeller Drug Laws. Thanks to great film director and LAC Board member Doug Liman and Jason Flom, we were joined by Whoopi Goldberg who was eager to offer her perspective "as just a normal person and as a New Yorker" about the need to get rid of a law that is causing much more harm than the problem it was intended to address.

LAC Celebrates Passage of Second Chance Act

On March 13th, 2008, Congressman Danny Davis (D-IL) hosted a press conference at the National Press Club in Washington, DC to celebrate the recent passage of the "Second Chance Act" reentry legislation in Congress. Joining Congressman Davis was Congresswoman Stephanie Tubbs Jones (D-OH); Former Congressman and Secretary of the Department of Housing and Urban Development (HUD) Jack Kemp; Melody Heaps, President of the Center for Health and Justice at TASC; Paul Samuels, President and Director of the Legal Action Center; and a number of other supporters of the Second Chance Act.

Register Online Now for 5th Annual H.I.R.E. Conference

NY Update: Paterson Vetoes Human Rights Law Bill

NY: 8 Re-entry Bills in State Budget Signed Into Law