Pro Bono & Community Service Committee Hosts Elder Law Clinic and Presentation

On May 4, AABANY’s Pro Bono & Community Service Committee (PBCS) hosted a virtual law clinic and presentation on elder law as a part of the Virtual Community Presentation Series. The event was co-sponsored by AABANY, the Chinese Consolidated Benevolent Association (CCBA), and the Chinese Chamber of Commerce of New York.

In light of the instability brought about by the pandemic, the new changes to the Medicaid laws, and the surge in anti-Asian violence, Committee Vice-Chair May Wong moderated the event to address the questions and concerns of the Chinese community, as well as to provide free legal consultations on these topics. May was joined by Karen Eng, specializing in estate planning, administration, elder law, Article 81 guardianship, and residential real estate at Thomas J. Manzi, P.C., and Pauline Yeung-Ha, Partner at Grimaldi & Yeung, LLP specializing in trusts, wills and estates, elder law, and special needs planning. Also present were Co-Chairs Judy Lee, Karen Lin, and Kwok Ng.

Karen Eng presented information on advance directives, wills, and trusts, while Pauline spoke on the new Medicaid changes and the effects the changes would have on individual healthcare. Both Karen Eng and Pauline emphasized the importance of advance preparation in matters of healthcare and estate planning. Kwok translated the speakers consecutively into Cantonese and Mandarin and also presented information on hate crimes and resources for reporting incidents. 31 individuals attended the event. At the presentation’s end, PBCS, along with Karen Eng and Pauline, opened the virtual free services clinic for two client consultations. The CCBA provided their physical headquarters for the two clients to meet remotely with the attorneys.

The PCBS Committee thanks Karen Eng and Pauline Yeung-Ha for offering their expertise in elder law to give back to the Chinese community. PBCS would also like to thank Annalee Patel, Bei Yang, Chao-Yung Chiu, Jian Cui, Julie Choe, Kelly Tang, and Xinyi Shen for their help and support in organizing the event. AABANY would also like to thank the Chinese Consolidated Benevolent Association and the New York Chinese Chamber of Commerce for co-sponsoring this event. To watch the presentation, click here. To learn more about the Pro Bono & Community Service Committee and its work, click here and click here.

NYC Care is Now Available Citywide

Membership in NYC Care is now available to New Yorkers in each borough. NYC Care is a health care access program for people who are not eligible for or cannot afford health insurance. The program ensures all New Yorkers, regardless of their income or immigration status, have equal access to comprehensive, high-quality care.

NYC Care members can benefit from personalized, coordinated care and, most importantly, the confidence and safety that comes from belonging to a system that cares about their health and their future.

With NYC Care, you can:

  • Receive care at NYC H+H locations across the city.
  • Receive preventative care, mental health support, and substance abuse services. 
  • Talk to customer service representatives in your language. 
  • Receive 24 hour access to low-cost prescription medications. 
  • Get your first appointment in two weeks or less.

To enroll, call 646-NYC-CARE.

To learn more about NYC Care, visit nyccare.nyc.

Please join the effort to spread the word in your community about this important service through our multilingual fliers below (or click here for more resources): 

NYForward: A Guide to Reopening New York

NYForward is a state mandated guide to reopening New York safely. The guide has addressed some of the critical factors that have have helped New Yorkers combat the spread of the Covid-19: statewide testing initiatives, economic stimulus packages, and maintenance of strategic reserve of personal protective equipment (PPE). As for guidelines moving forward, the guide has proposed a series of metrics by which regions would be evaluated to determine if they can reopen. These guidelines include a sufficiently low infection rate, a stable health care system that is able to absorb a potential resurgence in cases, sufficient diagnostic testing capacity, and robust contact-tracing to help prevent the spread of the virus. Additionally, the guide has provided a plan for the phased reopening of businesses.

The guide also urges community leaders to pay special attention to vulnerable populations and to hold businesses accountable to the listed guidelines. Universities and schools should craft individualized plans for reopening and state and local leaders should continue to provide sufficient mental health resources. The guide also outlines the individual responsibilities necessary for communities to curb the spread of the virus and stresses the importance of continuing social distancing policies along with practicing good hygiene.

The final section discusses lessons that can be learned from the current crisis and proactive measures that could be adopted. These policies include incorporating and integrating technology that could help schools better transition to online lessons, streamlining healthcare and transportation systems, and ensuring greater social equity through reforming housing policies and other initiatives.

To read the full guide, click on the cover image below.

NYLJ: Panel Clarifies Scope of Automatic Contract Renewals

NYLJ: Panel Clarifies Scope of Automatic Contract Renewals

Press Release: New Report Highlights Opportunity for New York State to Expand Immigrant Health Care Coverage

For Immediate Release

*Press Release*

NEW REPORT HIGHLIGHTS OPPORTUNITIES FOR NEW YORK STATE TO EXPAND IMMIGRANT HEALTH CARE COVERAGE


New York Must Address Eligibility, Documentation, Outreach, and Oversight Barriers to Ensure Access to Health Care for Immigrant New Yorkers

February 6, 2013 (New York) – As New York State works to implement the Affordable Care Act and establish its Health Benefit Exchange, key opportunities exist to expand immigrants’ access to health reform. A report released today by the New York Immigration Coalition (NYIC), the New York State Health Foundation (NYSHealth), and Empire Justice Center urges New York State policymakers to preserve and promote immigrants’ access to health care coverage and offers recommendations to mitigate disparities between citizens and noncitizens in health care.

The report, “Maximizing Health Care Reform for New York’s Immigrants,” written by the NYIC in conjunction with Empire Justice Center,  highlights opportunities for New York to address key factors that can ameliorate or impede immigrants’ access to health care coverage, including eligibility classifications; documentation and verification policies and practices; marketing and outreach; and oversight and monitoring. The report also includes recommendations for ensuring access to care for those immigrants who will remain uninsured even after health reform is implemented. 

Federal health reform will expand coverage opportunities and increase access to care for many of New York State’s uninsured residents, but there are gaps in federal Affordable Care Act provisions regarding the inclusion of immigrants. For example, lawful immigrants will continue to face federal restrictions on enrolling in public health insurance programs, and undocumented immigrants are barred from most types of public coverage and from purchasing coverage in new Health Benefit Exchanges. The report offers recommendations for how New York State can address the health care needs of those left out of federal reform by making policy choices at the state level that expand access to health care coverage for immigrants, as well as by strengthening its safety net system.

“The full participation of immigrants in the Exchange is critical to meeting the goals of health reform,” said Chung-Wha Hong, executive director of the New York Immigration Coalition. “It will be up to New York State to craft an Exchange and related public health programs that are responsive the needs of immigrant New Yorkers. This is the chance for New York to create a health program that serves as a national model for reducing health disparities.”

[Photo left to right] Chung-Wha Hong, executive director of the New York Immigration Coalition and Jackie Vimo, director of advocacy at the New York Immigration Coalition introduce the report, “Maximizing Health Care Reform for New York’s Immigrants.”

New York State’s noncitizens (both lawfully present and undocumented) are three times as likely as citizens to lack health insurance coverage. Impediments to coverage include working for small businesses that are less likely to offer health insurance, having misconceptions about the effect of documentation and public health benefits on their immigration status, and encountering language barriers in enrollment and retention process.

“With implementation of the health reform law, we have an unprecedented opportunity to extend health insurance coverage to more than 1.2 million New Yorkers,” said James R. Knickman, president and CEO of NYSHealth. “Our success in achieving an affordable, equitable health care system that covers as many people as possible is dependent largely on how well the State implements the Affordable Care Act, and how well it serves our immigrant population.”

[Photo above] James R. Knickman, president and chief executive officer of the New York State Health Foundation speaks about the report’s recommendations.

“The health care exchange opens up an exciting new avenue for New York’s immigrants to access affordable health care,” said Barbara Weiner, senior staff attorney at Empire Justice Center, a contributing author to the report. “Nevertheless, New York must continue in its praiseworthy tradition of providing help to those whom the federal government has continued to leave out in the cold.  The young people who are being granted deferred action because they were brought to the U.S. as young children comprise one such group.  Current federal policy excludes them from benefits under both Medicaid and the Exchange.”

[Photo above] Barbara Weiner, senior staff attorney of Empire Justice Center gives more details on the report.

Immigrant community-based organizations (CBOs), such as the New York Immigration Coalition’s 200 member groups, are immigrants’ main source of information and assistance in navigating the health care system. Incorporating these CBOs into outreach and enrollment efforts will be crucial for reaching immigrant communities.  

“With the help of the New York Immigration Coalition, KCS has been able to give presentations to uninsured seniors in our community about their options and help them through the murky public healthcare waters,” said Sandra Oh, community health educator, The Korean Community Services of Metropolitan New York, Inc.

Maha Attieh, health program manager at the Arab-American Family Support Center said, “The uninsured, underserved and low income people in my community reach out to me with many questions that I can’t answer. Due to language barriers, they don’t know how to navigate the system. I hope the new exchange program is affordable and easy to access for the Arab American community. We want our community to be insured and have access to health care to have a healthy life.”         

[Photo above] Maha Attieh, health program manager at the Arab-American Family Support Center speaks about the affect the new exchange program will have on immigrants in her community.

“We see hope that there will be rational and effective healthcare for New York immigrants through the soon to be implemented New York State Health Benefits Exchange,” said Siobhan Dennehy, executive director of Emerald Isle Immigration Services. “It is critically important that we all continue to work toward ending health care disparities which take such toll on the health of uninsured immigrants. We see hope that there will be no fear or confusion when uninsured immigrants seek health care under the NY State Health Benefits Exchange.”

The report made several key recommendations, including:

  • Shape the State’s definition of “lawfully present” to ensure the broadest possible inclusion of immigrants under the ACA. Currently, immigration definitions and eligibility for public benefits vary by program.
  • Develop mechanisms for verifying citizenship and immigration status while protecting confidentiality and due process. Enrollment into public insurance programs and the exchange will require verification and documentation of status. The State can streamline the verification requirements under ACA with existing programs while maintaining privacy.
  • Conduct tailored, active outreach and marketing to engage immigrants and enroll them in health insurance coverage programs. Given the tremendous racial, ethnic, cultural, and language diversity of the State’s residents, a range of tailored approaches to outreach and enrollment activities will be needed to meet the unique needs of multiple immigrant communities.
  • Secure the safety net and charity care programs. Undocumented immigrants and some others will remain uninsured even after health reform is implemented, so the safety-net system of care will remain important to New York State’s health care infrastructure.

Copies of the report are available by clicking HERE and upon request.

# # #

The New York Immigration Coalition is an umbrella policy and advocacy organization for nearly 200 groups in New York State that work with immigrants and refugees. The NYIC aims to achieve a fairer and more just society that values the contributions of immigrants and extends opportunity to all by promoting immigrants’ full civic participation, fosters their leadership, and provides a unified voice and a vehicle for collective action for New York’s diverse immigrant communities.

The New York State Health Foundation (NYSHealth) is a private, statewide foundation dedicated to improving the health of all New Yorkers, especially the most vulnerable. Today, NYSHealth concentrates its work in three strategic priority areas: expanding health care coverage; improving diabetes prevention; and advancing primary care. The Foundation is committed to making grants, informing health care policy and practice, spreading effective programs to improve the health system, serving as a neutral convener of health leaders across the State, and providing technical assistance to our grantees and partners.

Empire Justice Center is a statewide, multi-issue, multi-strategy public interest law firm focused on changing the “systems” within which poor and low income families live. With a focus on poverty law, Empire Justice undertakes research and training, acts as an informational clearinghouse, and provides litigation backup to local legal services programs and community based organizations.  As an advocacy organization, we engage in legislative and administrative advocacy on behalf of those impacted by poverty and discrimination.  As a non-profit law firm, we provide legal assistance to those in need and undertake impact litigation in order to protect and defend the rights of disenfranchised New Yorkers.

Obama Healthcare Legislation Upheld

IT’S A TAX!  Today, in a 5-4 ruling, the SCOTUS upheld President Obama’s health care legislation.  Chief Justice John Roberts authored the majority opinion finding that Congress has the authority to require everyone to have healthcare.

  • Americans will have to buy health insurance or pay a penalty of 1% of their income.
  • Insurers will no longer be able to deny coverage to those with  preexisting conditions or charge higher premiums based on one’s gender or health.
  • Employers who have more than 50 employees and don’t offer insurance will also begin to face a penalty.
  • Children may stay on their parents’ healthcare plans until the age of 26.
The law is well over 2000 pages.  These are just a few changes in our healthcare system. How will it affect you?  For better? For worse?

To read the 59-pages of “poetry” – http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf