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.

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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.

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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.

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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.

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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."

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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.

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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.”

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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.

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