The document summarizes the impacts of Alabama's immigration law (HB 56) on health care. It discusses how the law:
1) Prohibits undocumented immigrants from receiving most public benefits but exempts programs like WIC and immunizations;
2) Requires verification of lawful status for other services like dental care; and
3) Imposes new requirements for employers, licenses/permits, and birth certificates that may negatively impact access to care.
Litigation challenging parts of the law is ongoing in federal and state courts. The law's health impacts include less access to care and potential spread of diseases.
This document discusses Alabama's immigration law (HB 56) and its impacts on health care. It describes provisions of the law that are being challenged in federal and state litigation. Key sections that affect health care licensing, public benefits, and verifying immigration status are analyzed. Concerns are raised that the law may deter immigrants from seeking health care and negatively impact public health in Alabama.
The document discusses Alabama's 2011 immigration law (HB 56) and its impacts on health and social services. It provides an overview of the law and ongoing legal challenges. Key provisions that were enjoined by courts include requiring schools to check immigration status of students and making it a crime not to carry immigration documents. The law's health impacts could include reduced access to care and increased costs. While some public health programs are exempt, there is conflict between state and federal law on benefits eligibility. Private providers are not required to verify immigration status for services not using federal funds.
The document summarizes attacks on reproductive rights that have occurred in 2011 at both the federal and state levels in the United States. At the federal level, there have been numerous attempts to repeal health care reform laws, defund family planning programs like Title X, and ban abortion coverage and services in Washington D.C. At the state level, many states have enacted or proposed new restrictions on abortion such as bans after 20 weeks, mandatory ultrasound laws, and "personhood" measures defining life as beginning at conception. Over 400 bills have been introduced attacking reproductive rights.
Here is a sample Living Will form that you can use as a starting point if you choose to draft your own Living Will without an attorney:
Living Will Declaration
I, [name], being of sound mind, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below.
If at any time I should have an incurable and irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of my attending physician, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct that treatment be withheld or withdrawn and that I be permitted to die naturally with only the administration
Executive action of november 20 2014 (English) As of 12 04-2014vacolao
President Obama announced on November 20th several changes to US immigration policy including to expand the Deferred Action program for Childhood Arrivals (DACA) as well as provide relief to parents of US citizen and lawful permanent resident children (DAPA). On December 4th, the Legal Aid Justice Center provided an information session on the new polices that included details on eligibility requirements, how and when to apply, and other related issues such as eligibility for work permits, authorization to travel outside the United States, and eligibility for Virginia drivers licenses.
This material was put together by Legal Aid Justice Center. This presentation is intended to provide general legal information and is not a substitute for legal advice. Each case is different, and you should consult a qualified immigration attorney if you have questions about your own case. Notarios publicos are not attorneys and are not qualified to give you legal advice.
This information is accurate as of December 4, 2014.
doma, defense of marriage act, green card, family base, us citizenship, immigrant, nonimmigrant, student visa, work visa, spouse, h-1b visa, LGBT, NAFSA
Deferred Action For Childhood Arrivals Presentationholaedgar
This is a presentation created by Legal Aid Justice Center, VACOLAO and other organizations to provide information regarding the new program that would benefit almost two million of DREAMers.
This newsletter, written especially for employers, third party administrators and advisors, addresses recent legislative changes to Healthcare Reform and other administrative issues.
This document discusses Alabama's immigration law (HB 56) and its impacts on health care. It describes provisions of the law that are being challenged in federal and state litigation. Key sections that affect health care licensing, public benefits, and verifying immigration status are analyzed. Concerns are raised that the law may deter immigrants from seeking health care and negatively impact public health in Alabama.
The document discusses Alabama's 2011 immigration law (HB 56) and its impacts on health and social services. It provides an overview of the law and ongoing legal challenges. Key provisions that were enjoined by courts include requiring schools to check immigration status of students and making it a crime not to carry immigration documents. The law's health impacts could include reduced access to care and increased costs. While some public health programs are exempt, there is conflict between state and federal law on benefits eligibility. Private providers are not required to verify immigration status for services not using federal funds.
The document summarizes attacks on reproductive rights that have occurred in 2011 at both the federal and state levels in the United States. At the federal level, there have been numerous attempts to repeal health care reform laws, defund family planning programs like Title X, and ban abortion coverage and services in Washington D.C. At the state level, many states have enacted or proposed new restrictions on abortion such as bans after 20 weeks, mandatory ultrasound laws, and "personhood" measures defining life as beginning at conception. Over 400 bills have been introduced attacking reproductive rights.
Here is a sample Living Will form that you can use as a starting point if you choose to draft your own Living Will without an attorney:
Living Will Declaration
I, [name], being of sound mind, willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below.
If at any time I should have an incurable and irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of my attending physician, cause my death within a relatively short time and I am no longer able to make decisions regarding my medical treatment, I direct that treatment be withheld or withdrawn and that I be permitted to die naturally with only the administration
Executive action of november 20 2014 (English) As of 12 04-2014vacolao
President Obama announced on November 20th several changes to US immigration policy including to expand the Deferred Action program for Childhood Arrivals (DACA) as well as provide relief to parents of US citizen and lawful permanent resident children (DAPA). On December 4th, the Legal Aid Justice Center provided an information session on the new polices that included details on eligibility requirements, how and when to apply, and other related issues such as eligibility for work permits, authorization to travel outside the United States, and eligibility for Virginia drivers licenses.
This material was put together by Legal Aid Justice Center. This presentation is intended to provide general legal information and is not a substitute for legal advice. Each case is different, and you should consult a qualified immigration attorney if you have questions about your own case. Notarios publicos are not attorneys and are not qualified to give you legal advice.
This information is accurate as of December 4, 2014.
doma, defense of marriage act, green card, family base, us citizenship, immigrant, nonimmigrant, student visa, work visa, spouse, h-1b visa, LGBT, NAFSA
Deferred Action For Childhood Arrivals Presentationholaedgar
This is a presentation created by Legal Aid Justice Center, VACOLAO and other organizations to provide information regarding the new program that would benefit almost two million of DREAMers.
This newsletter, written especially for employers, third party administrators and advisors, addresses recent legislative changes to Healthcare Reform and other administrative issues.
The document is a complaint filed by 16 states and the District of Columbia against the Trump administration challenging the rescission of the Deferred Action for Childhood Arrivals (DACA) program. The complaint argues that ending DACA will harm state residents, economies, and universities. It will cause hundreds of thousands of DACA recipients to lose work authorization and public benefits, and force some families to relocate or be separated. The complaint requests that the court invalidate the DACA rescission and prevent the use of DACA application data for enforcement purposes.
A Beginner's Guide to Wills: Florida Guide to making a Will by University of ...Wolf Elder Law
Florida Guide to making a Will by University of Florida Extension: A Beginner's Guide to Wills by Brian Lacefiled and P.J. van Blokland
This is the first in a brief three-document series
on estate planning. Each is simple and intended only
to provide an outline to someone who knows little
about the subject. The other two documents are (1)
trusts and (2) living wills and power of attorney.
Although many people think that they do not have
enough assets to need a will—which presumably
explains why 70% of Americans do not have a will
(Nolo.com, 2000)—everyone should have a will.
Most individuals have more than they realize,
considering that an estate includes real and personal
property. Real property is land and permanent
improvements. Personal property includes everything
else (e.g., stocks, bonds, mutual funds, cash, cars,
furniture, art, jewelry, life insurance and retirement
plans). The will is undoubtedly the most basic and
perhaps the most important estate planning document.
Elucidates the governing laws (U.S., Canada, U.K), restrictions and extensions of the advance-directives (living wills) in obstetrics. DOI: 10.13140/RG.2.1.3671.4321
This document summarizes legal issues facing LGBTQ individuals and families. It discusses barriers LGBTQ families face such as lack of legal ties between parents and children. It outlines states that allow same-sex marriage and civil unions versus states that ban them. It also summarizes the federal Defense of Marriage Act and legal challenges to it. Additionally, it discusses how LGBTQ families are formed through adoption, surrogacy or artificial insemination and legal documents that can help protect LGBTQ families.
These slides were part of a South Central Alabama Development Commission Facebook live training 08/21/20 describing the State Health Insurance Services provided by that agency.
Instructions, Form I-821D, Consideration of Deferred Action for Childhood Arr...Richard Herman
This document provides instructions for completing Form I-821D, which is used to request consideration of deferred action for childhood arrivals. Key details include:
- Form I-821D requests that USCIS consider deferred action on a case-by-case basis based on guidelines in the Secretary of Homeland Security's 2012 memorandum.
- Applicants must submit evidence showing they meet guidelines like arriving before age 16, residing continuously since 2007, and being present on June 15, 2012.
- Applicants must also submit Form I-765 to request employment authorization. Acceptable forms of evidence include school records, medical records, tax documents, and employment records.
For those of you filing for DACA renewal, the National Immigrant Justice Center has compiled a great slideshow that can help with the application.
Share it with those you think can benefit from it.
Filing a Form I-130 petition for an alien relative is the first step in helping that relative become a lawful permanent resident of the United States. As a US citizen, you can petition for your spouse, unmarried children under 21, parents, and unmarried siblings over 21. Approval of the I-130 establishes the family relationship but the relative's place in line depends on when you filed. Wait times vary from immediately available for some immediate relatives to several years for others. The petition process and requirements are outlined on the USCIS website.
EEOC and Title VII: Analysis of the EEOC's position on sexual orientation under Title VII, including a discussion of the Supreme Court's same sex marriage ruling in Obergefell v. Hodges and the seemingly competing standards of Title VII.
Recent NLRB Decisions: A discussion of the practical impact of recent NLRB decisions on the day-to-day enforcement of workplace policies, including arbitration agreements, workplace conduct policies, severance agreements and investigation procedures.
2014 Annual Workshop - What You Need to Know about Immigration in 2014 - held at Richland College, Dallas, Texas on August 9, 2014. This Citizenship and Immigration Workshop provides the latest information, rules and tips about immigration and citizenship for you, your family, friends, or colleagues. You will learn:
How to Help Family Members Legally Immigrate to the U.S.
Updates to Deferred Action for Childhood Arrival (DACA) applicants
How to Qualify for Citizenship
Work visa options for F-1 College Students
Tips to Avoid Dangerous Mistakes with Your Immigration Applications
What's Happening Now with Immigration Reform and Legalization
Wills & Trusts - Rockford Public Schools 2010guest936e15e
Powerpoint presentation from April 21, 2010 adult enrichment class offered by Rockford Public Schools Community Education at the Rockford Freshman Center.
Getting On Board: Best Practices on OnboardingeasyBackgrounds
This document provides a summary of a presentation on best practices for onboarding employees. The presentation was given by representatives from three NYSA Industry Partners: easyBackgrounds Inc., Tarter Krinsky & Drogin LLP, and Loveman, Kornreich & Steers, Inc. The presentation covered topics like background screening requirements, employment law guidance, and protecting companies with employment practices liability insurance. The presenters provided overviews of their companies and disclaimers before diving into the various onboarding topics.
What You Need to Know: Federal Law Update 2012RyanSwansonLaw
This document summarizes recent developments in employment law. It discusses cities and states implementing paid sick leave laws, restrictions on asking about criminal history on job applications, social media privacy issues, and workplace bullying laws. It also summarizes EEOC charge and lawsuit filing records from 2011 regarding retaliation, race, national origin, religion, and disability claims. Recent court cases addressed overtime exemptions for pharmaceutical sales reps under the FLSA, the "ministerial exception" under disability discrimination laws, supervisor liability under Title VII, NLRB rulings on at-will employment language, and the Computer Fraud and Abuse Act as applied to downloading confidential employer information.
We are rapidly approaching the midterm elections and awaiting President Obama's next move on Administrative Actions about the U.S. immigration law. As DACA renewals continue to roll-out, we are still hoping that the President will grant "Deferred Action for All" - another type of DACA? In the meanwhile, the U.S. Supreme Court is scheduled to hear two cases with significant implications for U.S. immigration law.
Community Health Alliance's amended lawsuit against its former employeeThis Is Reno
James Fleming, who is being sued by his former employer, the Community Health Alliance fired back at the health nonprofit in court filings last week.
He denies wrongdoing and accuses CHA of interfering with the federal investigation into Fleming’s allegations that CHA committed fraud.
Fleming filed a response to CHA's complaint Feb. 4 after CHA applied for a temporary protective order seeking to prevent Fleming from talking about CHA negatively. CHA also filed an amended complaint that removed most mentions of Reno city council member, also CHA’s CEO, Oscar Delago.
MedicareInsights » MSP + FCA = Big Trouble for Insurers as NJ Federal Court A...Jeremy Abay, Esq.
1) A US District Court in New Jersey ruled that an insurer, Progressive Casualty Insurance, could be liable under the False Claims Act for violating Medicare secondary payer laws.
2) The ruling found that by allowing a Medicare recipient to purchase a health-first auto insurance policy and later denying her claims, Progressive caused false claims to be submitted to Medicare.
3) Medicare secondary payer laws require auto and other forms of insurance to pay medical claims first for Medicare recipients. By remaining ignorant of the plaintiff's Medicare coverage, Progressive misled providers into billing Medicare as the primary payer.
This document provides an overview of the Stark Law, including:
- The Stark Law prohibits physician self-referrals of Medicare patients for designated health services if the physician has a financial relationship with the entity providing those services.
- It addresses questions about who enforces the law, why the law was created, what activities it prohibits, and differences between it, the Anti-Kickback Statute, and the False Claims Act.
- The document outlines penalties for Stark Law violations and lists 17 areas of compliance risk identified by the Office of Inspector General related to healthcare fraud and abuse.
This document provides commentary on Ephesians 6:5-9 regarding work relationships. It discusses how:
6|Page
1) Paul instructs both slaves/servants and masters/employers to serve wholeheartedly and with sincerity as if working for Christ himself, not just to please people.
2) Both groups will be rewarded by God for their efforts, as he shows no favoritism.
3) Masters are to treat servants with the same respect and obedience that they expect, recognizing they both answer to God as their true master.
The commentary emphasizes that Christians should approach every work task with a sincere heart focused on pleasing God rather than people.
The document outlines various ethical principles and sources of ethics that should be considered when making decisions during public health disasters and emergencies. It discusses principles from ancient Greek and religious teachings, as well as professional codes like the Hippocratic Oath and the Belmont Report. Key considerations discussed include prioritizing the greater good, doing no harm, respecting individuals' rights and autonomy, and making decisions through fair and transparent processes.
The document discusses ethics and how healthcare providers should respond ethically during disasters. It outlines several principles of personal and professional ethics that can guide decision-making, including do no harm, tell the truth, prioritize patient well-being, maintain confidentiality, and consider fairness and justice. It also discusses ethical challenges that may arise, such as how to prioritize limited resources and whether healthcare workers have an obligation to work during a crisis.
The poem describes a vision the author had in Rajpur, India. In the vision, the author sees the Purwat, a combination of Hindi and Khmer words meaning "Temple City", sitting majestically on a ruby throne in a great hall. Beside the Purwat stood the Khybear and Ivory Dumar. A mighty river of power flowed from the Purwat's throne, with the power to heal and transform. When the Khybear spoke, the author was overwhelmed with fear. After tasting the river, which was bitter like gall, the author realized it had filled his lips with the Royal Ruby Blood, and he was now able to speak to spread the word of the Purwat. The
The document is a complaint filed by 16 states and the District of Columbia against the Trump administration challenging the rescission of the Deferred Action for Childhood Arrivals (DACA) program. The complaint argues that ending DACA will harm state residents, economies, and universities. It will cause hundreds of thousands of DACA recipients to lose work authorization and public benefits, and force some families to relocate or be separated. The complaint requests that the court invalidate the DACA rescission and prevent the use of DACA application data for enforcement purposes.
A Beginner's Guide to Wills: Florida Guide to making a Will by University of ...Wolf Elder Law
Florida Guide to making a Will by University of Florida Extension: A Beginner's Guide to Wills by Brian Lacefiled and P.J. van Blokland
This is the first in a brief three-document series
on estate planning. Each is simple and intended only
to provide an outline to someone who knows little
about the subject. The other two documents are (1)
trusts and (2) living wills and power of attorney.
Although many people think that they do not have
enough assets to need a will—which presumably
explains why 70% of Americans do not have a will
(Nolo.com, 2000)—everyone should have a will.
Most individuals have more than they realize,
considering that an estate includes real and personal
property. Real property is land and permanent
improvements. Personal property includes everything
else (e.g., stocks, bonds, mutual funds, cash, cars,
furniture, art, jewelry, life insurance and retirement
plans). The will is undoubtedly the most basic and
perhaps the most important estate planning document.
Elucidates the governing laws (U.S., Canada, U.K), restrictions and extensions of the advance-directives (living wills) in obstetrics. DOI: 10.13140/RG.2.1.3671.4321
This document summarizes legal issues facing LGBTQ individuals and families. It discusses barriers LGBTQ families face such as lack of legal ties between parents and children. It outlines states that allow same-sex marriage and civil unions versus states that ban them. It also summarizes the federal Defense of Marriage Act and legal challenges to it. Additionally, it discusses how LGBTQ families are formed through adoption, surrogacy or artificial insemination and legal documents that can help protect LGBTQ families.
These slides were part of a South Central Alabama Development Commission Facebook live training 08/21/20 describing the State Health Insurance Services provided by that agency.
Instructions, Form I-821D, Consideration of Deferred Action for Childhood Arr...Richard Herman
This document provides instructions for completing Form I-821D, which is used to request consideration of deferred action for childhood arrivals. Key details include:
- Form I-821D requests that USCIS consider deferred action on a case-by-case basis based on guidelines in the Secretary of Homeland Security's 2012 memorandum.
- Applicants must submit evidence showing they meet guidelines like arriving before age 16, residing continuously since 2007, and being present on June 15, 2012.
- Applicants must also submit Form I-765 to request employment authorization. Acceptable forms of evidence include school records, medical records, tax documents, and employment records.
For those of you filing for DACA renewal, the National Immigrant Justice Center has compiled a great slideshow that can help with the application.
Share it with those you think can benefit from it.
Filing a Form I-130 petition for an alien relative is the first step in helping that relative become a lawful permanent resident of the United States. As a US citizen, you can petition for your spouse, unmarried children under 21, parents, and unmarried siblings over 21. Approval of the I-130 establishes the family relationship but the relative's place in line depends on when you filed. Wait times vary from immediately available for some immediate relatives to several years for others. The petition process and requirements are outlined on the USCIS website.
EEOC and Title VII: Analysis of the EEOC's position on sexual orientation under Title VII, including a discussion of the Supreme Court's same sex marriage ruling in Obergefell v. Hodges and the seemingly competing standards of Title VII.
Recent NLRB Decisions: A discussion of the practical impact of recent NLRB decisions on the day-to-day enforcement of workplace policies, including arbitration agreements, workplace conduct policies, severance agreements and investigation procedures.
2014 Annual Workshop - What You Need to Know about Immigration in 2014 - held at Richland College, Dallas, Texas on August 9, 2014. This Citizenship and Immigration Workshop provides the latest information, rules and tips about immigration and citizenship for you, your family, friends, or colleagues. You will learn:
How to Help Family Members Legally Immigrate to the U.S.
Updates to Deferred Action for Childhood Arrival (DACA) applicants
How to Qualify for Citizenship
Work visa options for F-1 College Students
Tips to Avoid Dangerous Mistakes with Your Immigration Applications
What's Happening Now with Immigration Reform and Legalization
Wills & Trusts - Rockford Public Schools 2010guest936e15e
Powerpoint presentation from April 21, 2010 adult enrichment class offered by Rockford Public Schools Community Education at the Rockford Freshman Center.
Getting On Board: Best Practices on OnboardingeasyBackgrounds
This document provides a summary of a presentation on best practices for onboarding employees. The presentation was given by representatives from three NYSA Industry Partners: easyBackgrounds Inc., Tarter Krinsky & Drogin LLP, and Loveman, Kornreich & Steers, Inc. The presentation covered topics like background screening requirements, employment law guidance, and protecting companies with employment practices liability insurance. The presenters provided overviews of their companies and disclaimers before diving into the various onboarding topics.
What You Need to Know: Federal Law Update 2012RyanSwansonLaw
This document summarizes recent developments in employment law. It discusses cities and states implementing paid sick leave laws, restrictions on asking about criminal history on job applications, social media privacy issues, and workplace bullying laws. It also summarizes EEOC charge and lawsuit filing records from 2011 regarding retaliation, race, national origin, religion, and disability claims. Recent court cases addressed overtime exemptions for pharmaceutical sales reps under the FLSA, the "ministerial exception" under disability discrimination laws, supervisor liability under Title VII, NLRB rulings on at-will employment language, and the Computer Fraud and Abuse Act as applied to downloading confidential employer information.
We are rapidly approaching the midterm elections and awaiting President Obama's next move on Administrative Actions about the U.S. immigration law. As DACA renewals continue to roll-out, we are still hoping that the President will grant "Deferred Action for All" - another type of DACA? In the meanwhile, the U.S. Supreme Court is scheduled to hear two cases with significant implications for U.S. immigration law.
Community Health Alliance's amended lawsuit against its former employeeThis Is Reno
James Fleming, who is being sued by his former employer, the Community Health Alliance fired back at the health nonprofit in court filings last week.
He denies wrongdoing and accuses CHA of interfering with the federal investigation into Fleming’s allegations that CHA committed fraud.
Fleming filed a response to CHA's complaint Feb. 4 after CHA applied for a temporary protective order seeking to prevent Fleming from talking about CHA negatively. CHA also filed an amended complaint that removed most mentions of Reno city council member, also CHA’s CEO, Oscar Delago.
MedicareInsights » MSP + FCA = Big Trouble for Insurers as NJ Federal Court A...Jeremy Abay, Esq.
1) A US District Court in New Jersey ruled that an insurer, Progressive Casualty Insurance, could be liable under the False Claims Act for violating Medicare secondary payer laws.
2) The ruling found that by allowing a Medicare recipient to purchase a health-first auto insurance policy and later denying her claims, Progressive caused false claims to be submitted to Medicare.
3) Medicare secondary payer laws require auto and other forms of insurance to pay medical claims first for Medicare recipients. By remaining ignorant of the plaintiff's Medicare coverage, Progressive misled providers into billing Medicare as the primary payer.
This document provides an overview of the Stark Law, including:
- The Stark Law prohibits physician self-referrals of Medicare patients for designated health services if the physician has a financial relationship with the entity providing those services.
- It addresses questions about who enforces the law, why the law was created, what activities it prohibits, and differences between it, the Anti-Kickback Statute, and the False Claims Act.
- The document outlines penalties for Stark Law violations and lists 17 areas of compliance risk identified by the Office of Inspector General related to healthcare fraud and abuse.
This document provides commentary on Ephesians 6:5-9 regarding work relationships. It discusses how:
6|Page
1) Paul instructs both slaves/servants and masters/employers to serve wholeheartedly and with sincerity as if working for Christ himself, not just to please people.
2) Both groups will be rewarded by God for their efforts, as he shows no favoritism.
3) Masters are to treat servants with the same respect and obedience that they expect, recognizing they both answer to God as their true master.
The commentary emphasizes that Christians should approach every work task with a sincere heart focused on pleasing God rather than people.
The document outlines various ethical principles and sources of ethics that should be considered when making decisions during public health disasters and emergencies. It discusses principles from ancient Greek and religious teachings, as well as professional codes like the Hippocratic Oath and the Belmont Report. Key considerations discussed include prioritizing the greater good, doing no harm, respecting individuals' rights and autonomy, and making decisions through fair and transparent processes.
The document discusses ethics and how healthcare providers should respond ethically during disasters. It outlines several principles of personal and professional ethics that can guide decision-making, including do no harm, tell the truth, prioritize patient well-being, maintain confidentiality, and consider fairness and justice. It also discusses ethical challenges that may arise, such as how to prioritize limited resources and whether healthcare workers have an obligation to work during a crisis.
The poem describes a vision the author had in Rajpur, India. In the vision, the author sees the Purwat, a combination of Hindi and Khmer words meaning "Temple City", sitting majestically on a ruby throne in a great hall. Beside the Purwat stood the Khybear and Ivory Dumar. A mighty river of power flowed from the Purwat's throne, with the power to heal and transform. When the Khybear spoke, the author was overwhelmed with fear. After tasting the river, which was bitter like gall, the author realized it had filled his lips with the Royal Ruby Blood, and he was now able to speak to spread the word of the Purwat. The
David wrote Psalm 19 to show how God reveals himself through both nature and scripture. He describes seeing God's glory in the heavens and compares the sun to a bridegroom and athlete. While nature points to God, only scripture can teach us how to have a relationship with him. David praises scripture for renewing life and making the wise. He prays that God will forgive his sins and keep him from willful disobedience. The psalm invites the reader to appreciate God's revelation and respond by submitting to him as redeemer and rock.
1. This document discusses the history of immigration to the United States from the colonial period through modern times. It outlines the major periods of immigration and the national origins of immigrants during each era.
2. Key periods included the colonial period with English immigrants, the mid-19th century with northern Europeans, the early 20th century with southern and eastern Europeans, and post-1965 with Latin Americans and Asians.
3. Immigration policy has changed over time, becoming more restrictive in the 1920s and 30s and more permissive after the 1965 Hart-Cellar Act abolished national quotas. Legal immigration has steadily increased since the 1960s.
This document summarizes a lesson on prayer taught from Andrew Murray's work "With Christ in the School of Prayer." The lesson focuses on three key aspects of prayer according to Jesus: keep it secret, keep it uninflated, and keep praying with confidence. It discusses how prayer is both simple yet profound. While initially prayer may seem easy, with practice it becomes more difficult as one's shortcomings and dependence on God are revealed. The lesson emphasizes that the Holy Spirit is the greatest gift from God and should be the primary focus of prayers, as it is through the Spirit that one can truly know and commune with the Father. It challenges believers to continually ask God to teach them to pray more effectively and move heaven with their prayers
The document provides commentary on 1 Peter 1:14-19,22-25. It summarizes the key points as follows:
1) Peter encourages believers to live holy lives set apart for God, not conforming to worldly desires but following God's example of holiness.
2) Believers are called to holiness because God is holy, and they should live in reverent fear of God knowing he will impartially judge their actions.
3) Believers were redeemed from sinful lives through the precious blood of Christ, motivating them to live holy lives set apart unto God.
The document summarizes a Bible study on overcoming conflict according to James 4:1-10. It discusses that conflicts stem from self-centered cravings, desires, and worldliness within people. James says the solution is to humble oneself before God, submit to Him, resist the devil, draw near to God through prayer and worship, and get rid of sin. Resolving conflicts requires examining oneself, dumping pride, and obeying God's call to be peacemakers through Christ's strength instead of trying to get one's own way.
Marti Minor Case Studies for December 2013 Directors MtgGeorgia Libraries
This document summarizes legal issues that may arise for librarians, including conducting background checks on employees, applying for Family Medical Leave, and addressing privacy concerns around patron photos, video surveillance, and public records requests. Key points include outlining when background checks are legally required for hiring, the questions employers can and cannot ask regarding leave under FMLA, and balancing privacy rights with laws governing public buildings and records. Potential future topics are also solicited from attendees.
This document is a first amended class action complaint filed against Herbalife by five plaintiffs. It alleges that Herbalife operates an endless chain scheme in violation of California law. The complaint alleges that while Herbalife promised distributors they could earn money if they put in time and effort, in reality over 87% of distributors earn nothing from Herbalife. It alleges Herbalife sets the prices of its products and commissions in a way that forces most distributors to self-consume products rather than make retail sales. The complaint seeks to certify a class of Herbalife distributors from 2009 to the present and bring claims under California unfair competition and false advertising laws.
Consumer Fraud Class Claims - GMA presentationkmodza
This document summarizes the current state of consumer fraud litigation regarding food labeling claims. It discusses how class action lawsuits have increased over claims that products labeled "natural" contain high fructose corn syrup or that depictions of fruits mislead consumers. While the FDA regulates food labels, courts have found that this does not prevent all state consumer protection law claims regarding misleading marketing. Companies can help mitigate litigation risk through careful scrutiny of labels, marketing claims, and involvement of legal counsel to ensure consistency between research and advertising statements. Pursuing formal FDA rulemaking may also strengthen preemption defenses in court.
Is your immigration consultant legal (article format)James Lavigne
This document discusses Florida's laws around unauthorized practice of law as they relate to immigration consultants. It summarizes that:
1. Florida law now requires all immigration consultants to be qualified lawyers, otherwise they are engaged in unauthorized practice of law, which is now a felony offense.
2. The Florida Bar has been actively prosecuting non-lawyer immigration consultants for unauthorized practice of law, as the preparation of immigration forms requires legal expertise and mistakes can harm clients.
3. Several court cases dating back to the 1980s have prohibited non-lawyers from providing immigration consulting services in Florida and permanently enjoined individuals from engaging in unauthorized practice of law.
CASE BRIEF 12.1 Yale Diagnostic Radiology v. Estate of .docxjasoninnes20
CASE BRIEF 12.1
Yale Diagnostic Radiology v. Estate of Fountain
838 A.2d 179 (Conn. 2003)
FACTS: In March, 1996, Harun Fountain was shot in the back of the head at point-blank range by
a playmate. As a result of his injuries, including the loss of his right eye, Fountain required
extensive lifesaving medical services from a variety of medical services providers, including Yale
Diagnostic Radiology (plaintiff). The expenses at Yale totaled $17,694. Yale billed Vernetta
Turner-Tucker (Tucker), Fountain's mother, but the bill went unpaid and, in 1999, Yale obtained
a judgment against her. In January, 2001, all of Tucker's debts were discharged in bankruptcy,
including the Yale judgment.
Tucker filed suit against the boy who had shot Fountain. However, Fountain succumbed to his
injuries, passing away before the case was settled. The settlement on the tort case was placed into
probate court as part of Fountain’s estate. Tucker was the administrator of Fountain’s estate.
When the settlement was deposited, Yale asked the probate court for payment of its $17,694
judgment from the estate.
DECISION BELOW: The Probate Court denied the motion. Yale appealed to the trial court, and
the trial court held for Yale. Tucker and the estate (defendants) appealed.
ISSUE ON APPEAL: Can minors be held liable for necessaries when their parents cannot or refuse
to pay?
DECISION: . . . we conclude that Connecticut recognizes the doctrine of necessaries. We further
conclude that, pursuant to the doctrine, the defendants are liable for payment to the plaintiff for
the services rendered to Fountain.
When a medical service provider renders necessary medical care to an injured minor, two contracts
arise: the primary contract between the provider and the minor's parents; and an implied in law
contract between the provider and the minor himself. The primary contract between the provider
and the parents is based on the parents' duty to pay for their children's necessary expenses, under
both common law and statute. Such contracts, where not express, may be implied in fact and
generally arise both from the parties' conduct and their reasonable expectations. The primacy of
this contract means that the provider of necessaries must make all reasonable efforts to collect
from the parents before resorting to the secondary, implied in law contract with the minor.
The present case illustrates the inequity that would arise if no implied in law contract arose between
Fountain and plaintiff. Fountain received, through a settlement with the boy who caused his
injuries, funds that were calculated, at least in part, on the costs of the medical services provided
to him by the plaintiff in the wake of those injuries. This fact further supports a determination of
an implied in law contract under the circumstances of the case.
Tucker had four years to pay the plaintiff's bill for the services rendered to ...
The Parental Rights Amendment, which contains wording to ensure that parental rights are protected for all, including those with a disability. Section 4 of the Amendment states, "The parental rights guaranteed by this article shall not be denied or abridged on account of disability."
Parenting with a Disability: Know Your Rights Toolkit, put together by the Christopher & Dana Reeve Foundation and the National Council on Disability. We hope you find the information it contains helpful.
Patient Brokering: SB1228 and Changes in California's Regulation of Addiction...Epstein Becker Green
Patient brokering, the practice of recruiting people in need of treatment for substance use disorders in exchange for kickbacks, has been a troubling practice in California, leading to concerns of patient endangerment and fraud.
This webinar will examine the implications of SB1228 and its impending changes to the rules governing marketing practices in residential and outpatient treatment, as well as sober living recovery residences. Also addressed will be problematic current practices and the future of compliant marketing relationships.
Presented by attorney Paul D. Gilbert of Epstein Becker Green and Harry Nelson of Nelson Hardiman.
Part of a "first Thursdays" fall webinar series hosted by Behavioral Health Association of Providers, Epstein Becker & Green, P.C., and Nelson Hardiman, LLP.
More info: https://www.ebglaw.com/events/is-your-organization-at-risk-for-patient-brokering-preparing-for-sb1228-and-impeding-changes-in-californias-regulation-of-addiction-treatment-marketing/
These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
This order grants various defendants' motions to dismiss a relator's amended complaint alleging violations of the Indiana False Claims and Whistleblower Protection Act. The court finds that it lacks subject matter jurisdiction over the relator's claims under the public disclosure bar of the act because the allegations are based on information disclosed in responses to the relator's public records requests, which qualify as "reports" under the act. The court also finds that the relator has not established that he has direct and independent knowledge of the information independent of the public disclosures. Therefore, the relator's claims are dismissed.
This document provides an overview of ethics and law relating to children in healthcare settings. It discusses key concepts like paternalism and children's rights. It examines factors that influence how children are viewed, as well as principles like best interests and ascertainable wishes. The document reviews legislation impacting healthcare for children, including the UNCRC, Children Acts, and case law. It also explores issues like competent vs. incompetent minors, consent processes, and situations where parents and doctors disagree. Overall, the document aims to enhance understanding of applying legal and ethical principles when caring for children undergoing medical procedures.
Carr Maloney PC is a litigation firm providing legal services throughout the mid-Atlantic region. The firm helps businesses and individuals meet all of their legal needs by simplifying complex issues. The document discusses recent litigation and regulatory issues affecting for-profit higher education institutions, including increased potential for class action lawsuits against institutions due to new Department of Education regulations prohibiting mandatory arbitration clauses and internal grievance procedures. It also summarizes ongoing litigation seeking more transparency in the USCIS H-1B visa petition process.
All people in the United States, regardless of immigration status, have certain rights and protections under the U.S. Constitution. Knowing and asserting rights can make a huge difference in many situations, such as when ICE agents go to a home. The information included in this resource guide provides students, families and school staff with critical information for working together to assert the rights of all within the LAUSD school community.
This document summarizes a Ninth Circuit Court of Appeals case regarding health benefits provided by Hawaii to nonimmigrant aliens residing in Hawaii under Compacts of Free Association. The court vacated a preliminary injunction preventing Hawaii from reducing health benefits, holding that Hawaii is not obligated to provide the same level of state-funded benefits to this group as it provides to others eligible for federal Medicaid funds. The dissent argued Hawaii should be subject to strict scrutiny for discriminating against aliens.
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This document provides information about potential pathways to legal status in the United States. It discusses family petitions, Violence Against Women Act petitions, and U Visas for victims of crimes. Requirements are outlined for each potential pathway, including the need to demonstrate a qualifying family relationship, evidence of abuse, cooperation with law enforcement, and other eligibility criteria. Benefits of these options like the ability to apply for work authorization and a path to citizenship are also summarized.
THE INTERSECTION OF IMMIGRATION AND REAL ESTATERaymond Lahoud
Leading Immigration Attorney Raymond Lahoud provides an overview of the many intersections of immigration with residential and commercial real estate transactions, including those involving documented and undocumented immigrants, temporary foreign employees, international students, foreign corporations seeking to open a location in the United States, or considering a complete relocation of company and employees, to residential and commercial property developers seeking alternative, low cost project financing. The session will begin with insight on working with and marketing to immigrant communities in the United States, wealthy foreign visitors, alternative ways of financing for the immigrant buyer, and foreign direct investments into commercial real estate market. This follows with an discussion on the EB-5 Investor Immigrant Visa Program, from selling to the basics of EB-5 financing and why and how real estate professionals can promote it as an attractive source of financing for foreign investors to American real estate project developers. Participants will have a detailed look at the structure of EB-5 investments and learn how developers can make their project EB-5 eligible, from a legal and marketing standpoint, followed by a review of common questions that realtors, investors, and real estate developers encounter when trying to determine whether EB-5 financing and common myths and realities about the EB-5 program and process.
In 2010 President Obama allocated $7.6 billion to the Hardest Hit Fund to benefit the 18 states with the worst foreclosures of over 4 million homeowners. This money was from the landmark federal fraud lawsuit of 5 of the largest banks settling for $25 billion.
This document discusses both the pros and cons of immigration. It notes that debates around immigration often focus on whether immigrants are a burden on resources and jobs in a society, or whether they provide benefits through cheap labor and contributions to Social Security. The document also provides some information on finding a qualified immigration lawyer to help navigate the legal immigration process.
This document provides information about Special Immigrant Juvenile (SIJ) status, an immigration classification that allows certain abused, abandoned, or neglected children to apply for lawful permanent residence or a "green card." To qualify for SIJ status, children must be unmarried and under 21 years of age, physically present in the U.S., and have a juvenile court order finding that reunification with one or both parents is not viable due to abuse or neglect, that the child is dependent on the court or in the custody of an agency or individual, and that it is not in the child's best interests to return to their country of origin. The document outlines roles that juvenile court judges, child welfare workers, and other professionals
The court granted Planned Parenthood's motion for a preliminary injunction prohibiting enforcement of Senate Bill 1 in Indiana, which banned nearly all abortions. The court found that Planned Parenthood and others were reasonably likely to succeed on the merits of their claim and that denying the injunction would cause irreparable harm, as Senate Bill 1 criminalized nearly all abortions and eliminated licensed abortion clinics. The court concluded that injunctive relief was warranted to maintain the status quo pending a decision on the merits of the case.
The Real Story of the Wise Men from the East. Who the were; From whence they came; Why they came: How they traveled; The source of their precious gifts; And, of course, "The Star of Bethlehem
John Blue receives a strange text message from his bank about a charge in Lebanon. He then finds biblical passages referring to Lebanon changed in his devices. He receives a letter from a Colonel D of the Office of Strategic Services asking him to investigate a taxi driver named Moshe ben ja-min al Masriq in Lebanon, Kentucky. John humors the request and is met by a man named Brian who will fly him to Lebanon, Kentucky to begin his investigation.
This document provides a historical overview of religious and political groups in Israel from around 722 BC to the 1st century AD. It outlines the major empires that ruled over Israel and Judea during this period and the dates of significant events. It also describes the major religio-political parties that emerged during the Second Temple period, including the Pharisees, Sadducees, Essenes, Herodians, Zealots and Sicarii. The document explores possible connections between Jesus and the Essenes, but concludes there is no clear evidence of a direct connection. It also considers similarities and differences between John the Baptist and the Essenes.
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The document provides a timeline of Roman history from 753 BC to AD 67 and discusses the influences of Greek philosophy and religion on early Christianity. It summarizes the teachings of major Greek philosophers like Socrates, Plato, and Aristotle and how their ideas relate to and sometimes differ from Christianity. It also discusses the influences of other Greek movements like Stoicism, Epicureanism, and Skepticism as well as how Paul engaged with Stoic ideas in his speech on Mars Hill.
The document summarizes the Post-Exilic period following the fall of the northern and southern kingdoms of Israel. It discusses several key events:
1) Cyrus the Great of Persia issued a decree allowing exiled Jews to return and rebuild the temple in Jerusalem.
2) The temple was rebuilt, though it faced some opposition, and was finally completed with support from Darius I of Persia.
3) Jewish exclusivism and separation from other groups like Samaritans became a dominant practice during this period.
1. This document discusses the development of Judaism after the Babylonian exile, known as the Second Temple period, covering the Persian, Hellenistic, and Hasmonean periods until the destruction of the temple in AD 70.
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3. An important development was the emergence of Jewish exclusivity and identity as a distinct people separate from others, originating with those who returned from exile and rebuilt the temple and society in Jerusalem.
The document provides historical context on Judaism during the time of Paul by discussing the Babylonian captivity and its impact on the development of Second Temple Judaism. Key points include:
- The Babylonian captivity from 605-538 BC disrupted Jewish life and caused them to reevaluate their relationship with God, leading to changes in Jewish theology and culture.
- It contributed to Judaism transitioning from a polytheistic to monotheistic religion and elevated the importance of the Torah.
- After the Persian conquest of Babylon in 538 BC, many Jews returned to Jerusalem and rebuilt the Second Temple, establishing synagogues as religious centers in the absence of the temple.
The document discusses the Babylonian Captivity of the Jewish people and its effects on Judaism. It describes how the Jews were deported to Babylon in three separate events between 605-581 BC. While in exile, the Jews' central religious practices transformed with the Torah becoming the authoritative text and focus on monotheistic worship of YHWH. After the exile ended and they returned to Judea, the Jews emerged as an ethno-religious group defined by their scriptures and traditions rather than territorial gods. The synagogue model of worship that developed during this period also went on to influence the early Christian church.
This document discusses the influence of ancient Greek philosophy on Western thought, focusing on several key philosophers and schools of thought. It introduces Socrates, Plato, and Aristotle, and examines Epicureanism and Stoicism in more depth. Stoicism was very influential on early Christianity and Paul incorporated some Stoic techniques in his preaching, though his message centered on Christ rather than philosophy. Overall the document analyzes the development of Greek philosophy and its legacy.
The document discusses the influence of ancient Greek philosophy on Western thought, focusing on several key philosophers and schools of thought. It introduces Socrates, Plato, and Aristotle, and examines Epicureanism and Stoicism in more depth. Stoicism in particular had a major influence on early Christianity and the writings of Paul. While Paul engaged with Stoic ideas and techniques, he focused his message on preaching Christ and his crucifixion.
Major General William C. Gorgas was a U.S. Army physician and Surgeon General from 1914-1918 best known for his work controlling mosquitoes that transmit yellow fever and malaria. As chief sanitary officer for projects in Florida, Havana, and the Panama Canal, Gorgas implemented extensive sanitation programs including draining ponds and swamps and using mosquito netting. These measures were crucial in enabling the construction of the Panama Canal by preventing illness among thousands of workers. Gorgas received international acclaim for his contributions and an honorary knighthood shortly before his death in 1920.
1. The document discusses the historical doctrine of state "police power" which allows states to pass laws and regulations to protect public health, such as quarantine laws. However, limitations have been placed on police power since the 1960s due to a reexamination of the balance between individual rights and state power.
2. It provides context on how police power has traditionally been interpreted to promote public health and safety. However, developments in civil rights jurisprudence, a focus on patient autonomy, and increased federal authority have constrained states' ability to exercise police powers.
3. Given new public health threats like bioterrorism, the author argues for a reassessment of the legal and social limits of police power to allow
Dr. John Snow used epidemiological research methods in 1854 to trace the source of a deadly cholera outbreak in London to a contaminated water pump on Broad Street. By tracking cases of cholera and investigating water sources for the sick and healthy, Snow determined that those who drank from the Broad Street pump were infected, while others who drank from other sources were fine. Snow convinced officials to remove the pump handle, stopping the outbreak. Years later, it was discovered that a nearby cesspool leaking into the pump's water supply was likely the original source of contamination. Snow is now considered the pioneer of epidemiology and his work proved contaminated water was the cause of cholera rather than miasma.
1. Alabama’s Immigration Law
Impacts on Health Care
John R. Wible
General Counsel (retired)
Alabama Department of Public Health
January, 2012
John R. Wible, 2012 All Rights Reserved 1
2. Acknowledgement/Caveat
Based upon analysis of Greg Locklier,
Assistant General Counsel, ADPH
Mr. Locklier is not responsible for my additions and
they do not necessarily represent his opinion
Caveat: the author has elaborated and updated
The author is not your lawyer, therefore this may not
be relied upon as legal advice
No representation is made that this presentation
represents the opinion of the Alabama Department of
Public Health, its OGC, officers, agents or employees
John R. Wible, 2012 All Rights Reserved 2
3. Attitude
Many believe this is not a good law
Many believe it addresses serious issues
A very wise man once
said, “render, therefore unto Caesar that
which is Caesar’s”
This fits that category, therefore . . .
John R. Wible, 2012 All Rights Reserved 3
4. Introduction
The Beason-Hammond Alabama
Taxpayer and Citizen Protection Act,
HB 56, (Act 2011-535) was signed
into law on June 9, 2011.
• Purpose: To discourage illegal
immigration.*
*According to Section 2 of the text
and statements by the sponsor
John R. Wible, 2012 All Rights Reserved 4
5. The Act
Declares “unlawfully present” aliens to be
ineligible to receive public benefits or to obtain
licenses/permits from state or local agencies.
Requires employers to verify citizenship/lawful
presence of its employees.
Makes it illegal to enter into a contract with an
unlawfully present alien.
Proclaims it Illegal to assist such persons
John R. Wible, 2012 All Rights Reserved 5
6. Litigation
Soon after the legislation was signed into
law, the U.S. Department of Justice and a
coalition of individuals and private interest
groups filed lawsuits which are pending.
Status of Federal Litigation
Status of State Litigation
John R. Wible, 2012 All Rights Reserved 6
7. Hispanic Coalition of Ala.
et al. v. Governor, et al.
October 14, the 11th Circuit appeals court approved the U.S.
Justice Department's request to temporarily block parts of
Alabama’s law pending the outcome of an appeal. Among them:
Requirement that public schools determine the immigration status
of their students.
But they did have to report back to the state information about
which students didn't have birth certificates or other documents
showing that they are here legally.
The court is blocking enforcement a provision that makes it a
crime not to have documents proving you are in the country
legally. In other words, everybody had to have their papers on
them or they could be subjected to a misdemeanor charge.
John R. Wible, 2012 All Rights Reserved 7
8. United States v. Alabama
On appeal, 11th Circuit Court of Appeals holds:
Enjoined Sections 10 and 28, which permit law enforcement
to charge immigrants, unable to demonstrate lawful presence
in the United States, with a misdemeanor and require
schools to check new students' immigration status.
However, the court denied injunction on Sections 12, 18, 27
and 30, provisions that:
Allow police to check immigration status during traffic stops,
based on reasonable suspicion.
Bar Alabama courts from enforcing contracts involving an
illegal immigrant party.
Make it a felony for an illegal immigrant to apply for a driver's
license, license plate or nondriver identification card.
John R. Wible, 2012 All Rights Reserved 8
9. U.S. v. Alabama (cont.)
The court refused to halt a provision that would
require police in Alabama to do immigration status
checks under certain circumstances.
Did not deal with section 13 “giving assistance” to
undocumented persons (lower court denied injunction
as moot for want of standing
Oral Hearing set in late February, early March, 2012
John R. Wible, 2012 All Rights Reserved 9
10. Central Alabama Fair Housing
Center, et al. v. Julie Magee, et al.
Depart. of Revenue’s policy stemmed from a provision of
HB 56 that criminalized “business transactions”
with the state by undocumented immigrants.
In December, the Ct. enjoined enforcement
of reg. requiring any person who attempts to
pay fee to prove citizenship/lawful immigration status
Neither is it illegal to apply for such
There might be application here to S/T permits & ETC.
John R. Wible, 2012 All Rights Reserved 10
11. State Litigation
The Attorney General reports as of November 4, 2011
In late July, 2011, five individuals filed suit against Governor Bentley and
Attorney General Strange in Montgomery County Circuit Court
Styled Doe v. Bentley, Case No. CV-2011-882 (Montgomery County
Circuit Court).
Two of the plaintiffs were illegal aliens, two were citizens originally
from Mexico, and one was a citizen married to an illegal alien.
The plaintiffs filed a motion for a preliminary injunction early on, and
then withdrew it. They also amended their Complaint twice, asserting
federal and state claims. Hearings were held.
On November 3, 2011, the plaintiffs moved to voluntarily dismiss their
suit. The next day, on November 4, 2011, the Court granted the
plaintiff’s motion dismissing the case.
John R. Wible, 2012 All Rights Reserved 11
12. Recent Developments
German born Manager of Mercedes-Benz plant
arrested in Tuscaloosa for having no driver’s license.
Case dismissed.
Japanese-born employee of Honda plant arrested in
North Alabama. Case dismissed, employee had a valid
international D/L
Governor has apologized to Germany and
Japan and stated “we want your business.”
No one yet arrested for giving assistance to
undocumented person
John R. Wible, 2012 All Rights Reserved 12
13. General Effects on Public Health
"I don't want to spread fear, but any time
people are afraid to get medical care there
are potential complications.” - Dr. Jim
McVay, ADPH.
Children may not get required
immunizations.
Communicable diseases may spread
Mothers may not get adequate
prenatal care
John R. Wible, 2012 All Rights Reserved 13
14. More Detrimental Effects
Citizen children and those in lawful
status may not get adequate health care
Water may be less safe
Restaurants may be unable to get
permits and food may be less safe
Public health costs may increase
The people of Alabama may suffer
negative health consequences
John R. Wible, 2012 All Rights Reserved 14
15. Sections of the Act Impacting
Health Care
Section 7: Public Benefits
Section 9: Contracts
Section 29: Birth Certificates
Section 15: E-verification of Employees
(effective 4/1/12)
Section 30: Business Transactions
John R. Wible, 2012 All Rights Reserved 15
16. IMMEDIATE IMPACT ON ADPH
Health Services
Licensing/permitting programs
• Environmental
• EMS
• Radiation
• Health Care Facilities
Issuance of Birth Certificates
John R. Wible, 2012 All Rights Reserved 16
17. Health Care Services
An alien not legally present in the U.S. is not
entitled to receive certain public benefits.
An alien is a person who is not a U.S. citizen or
national.
The term “public benefits” includes certain
healthcare services
Many services/programs are excluded or
exempt from the citizenship/lawful presence
verification requirements pursuant to state or
federal law/rules/guidance.
John R. Wible, 2012 All Rights Reserved 17
18. Exempt Programs/Services
Act 2011-535 expressly exempts the following
programs/services from citizenship/lawful presence
verification requirements:
WIC
Immunizations
In kind disaster relief
Communicable disease
Pre-natal care
Emergency medical treatment
Child or adult protective services
John R. Wible, 2012 All Rights Reserved 18
19. Excluded Federal Benefit Programs
The following services/programs are federal
public benefits and excluded from the
citizenship/lawful presence verification
requirements by federal law/rules/guidance:
Family planning
ABCCEDP
Tobacco Cessation
Here, there is a direct conflict between State
and Federal law.
John R. Wible, 2012 All Rights Reserved 19
20. Medicaid Programs
Verification of U.S. Citizenship and lawful
presence of aliens participating in the
following programs is also NOT required as the
Alabama Medicaid Agency determines
eligibility to receive the services:
Patient First
Plan First
EPSDT
Dental (Medicaid clients)
Home Health (Medicaid/Medicare clients).
John R. Wible, 2012 All Rights Reserved 20
21. Verification of U.S. citizenship
and lawful presence IS
REQUIRED for:
Non-Medicaid dental services
Private pay or indigent Home Health services
Prostate screenings
Non-Medicaid covered services provided to walk-in
clients. Example: blood pressure check; administration
of patient carried medication prescribed by outside
provider.
John R. Wible, 2012 All Rights Reserved 21
22. Children’s Health Insurance
Program (CHIP)
•CHIP is already required to verify
citizenship or lawful presence of aliens but
is authorized by Act 2011-535 to utilize
other means approved by the Federal
government
•CHIP already has an account with SAVE
John R. Wible, 2012 All Rights Reserved 22
24. Means of Verifying U.S.
Citizenship or
Lawful Presence of an Alien
Completion of a declaration form by client/applicant.
Provision of documents demonstrating U.S. citizenship.
Provision of documents demonstrating lawful presence of
an alien AND verification of lawful presence through the
federal government’s Systematic Alien Verification for
Entitlements (SAVE) Program.
Must rely on documents provided by client/applicant and
determinations made by SAVE. Determinations of U.S.
citizenship cannot be made based upon race, color, or
national origin.
John R. Wible, 2012 All Rights Reserved 24
25. ALABAMA DEPARTMENT OF PUBLIC HEALTH
DECLARATION OF CITIZENSHIP AND LAWFUL PRESENCE OF AN
ALIEN FOR PUBLIC BENEFITS AND LICENSING/PERMITTING PROGRAMS
Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non -citizen nationals,
non-exempt “qualified aliens” (and sometimes only particular categories of qualified aliens), nonimmigrants, and certain
aliens paroled into the United States are eligible to receive covered state or local public benefits.
With certain exceptions, Alabama Act 2011-535 prohibits aliens unlawfully present in the U.S. from receiving state or local
benefits. Every U.S. Citizen applying for a state or local public benefit must sign a declaration of Citizenship, and the
lawful presence of an alien in the U.S. must be verified by the Federal Government.
Act 2011-535 also requires every individual applying for a permit or license to demonstrate his/her U.S. citizenship or if the
applicant is an alien, he/she must demonstrate his/her lawful presence in the United States.
Directions: This form must be completed and submitted by applicants for health care benefits/services that are not
exempt or excluded from citizenship/lawful presence verification requirements. Medicaid/Medicare clients are not
required to complete this form as eligibility to receive services has already been determined by Medicaid/Medicare.
This form must also be completed by individuals applying for licenses or permits. An individual includes a sole
proprietorship, but does not include other business entities such as corporations.
SECTION 1 --- APPLICANT INFORMATION
NAME: ___________________________________________________________________________________________
(Print or Type) (Last) (First) (M.I.)
DATE OF BIRTH: ______________________________________________________________________________
SECTION II --- U.S. CITIZENSHIP OR NATIONAL STATUS
Are you a citizen or national of the United States (check one) ___ Yes ___ No
If you answered YES: (1) Provide an original or legible copy of document from attached List A or other document that
demonstrates U.S. citizenship or nationality and (2) Complete Section IV.
If you answered No: Complete Sections III and IV.
Name of document provided: __________________________________________________________________
SECTION III – ALIEN STATUS
Are you an alien lawfully present in the United States? ___ Yes ___ No
If you answered Yes: (1) Provide an original or legible copy of the front and back (if any) of a document from attached
List B or other document that demonstrates lawful presence in the United States. (2) Complete Section IV. Information
from the documentation provided will be used to verify lawful presence through the United States Government.
If you answered No: Complete Section IV.
Name of document provided: _________________________________________________________________.
SECTION IV -- DECLARATION
I declare under penalty of perjury under the laws of the State of Alabama that the answers and evidence I provided are true
and correct to the best of my knowledge.
__________________________________________________ _______________
APPLICANT’S/ LEGAL REPRESENTATIVE’S SIGNATURE DATE
______________________________________________ _________________________________
If signed by legal representative, Relationship to Patient Health Dept. Employee
John R. Wible, 2012 All Rights Reserved 25
29. Licensing and Permitting Programs
Alien not lawfully present
in U.S. may not enter into
“business transaction” with the state.
Every “person” entering into a business
transaction shall be required to demonstrate
U.S. citizenship or lawful presence in the U.S.
A “business transaction” includes licenses/
permits issued to individuals by ADPH
However, AG Opinion 2011-01 – enforce only
when “SAVEd” and ADPH is still “lost”
John R. Wible, 2012 All Rights Reserved 29
30. Licensing and Permitting
Programs
Act 2011-535 only impacts the licensing
and permitting of individuals
It does not impact the licensing or
permitting of business entities, other than
sole proprietorships
Thus, partnership or Inc.
restaurant or other potential
permitee is not subject to “SAVing”
John R. Wible, 2012 All Rights Reserved 30
31. Licensing and Permitting
Programs
For purposes of implementing Act 2011-535,
an applicant for a license/permit is the
individual to whom a permit/license is issued,
not necessarily the person signing or
submitting the application.
Thus, agents do not need to be “SAVEd”
The applicant’s citizenship/lawful presence
must be determined.
John R. Wible, 2012 All Rights Reserved 31
32. How to determine if an applicant is a business
entity other than sole proprietorship?
Check the application for the name of the
business to which the permit/license is issued
- Inc., LLC, and LLP indicate types of business
entities other than sole proprietorships.
Require applicant to provide the legal name
of the business on the application and the
type of business entity.
John R. Wible, 2012 All Rights Reserved 32
33. Section 15 Employment Verify
Beginning in April, 2012, all
employers, including state agencies must E-
verify all new hires
The next section deal with how to do that
John R. Wible, 2012 All Rights Reserved 33
34. Means of Verifying U.S. Citizenship or
Lawful Presence of an Alien
Completion of a declaration form by client/applicant.
Provision of documents demonstrating U.S. citizenship.
Provision of documents demonstrating lawful presence of
an alien AND verification of lawful presence through the
SAVE Program.
Must rely on documents provided by client/applicant and
determinations made by SAVE.
Determinations of U.S. citizenship/lawful presence
cannot be made based upon race, color, or national
origin.
John R. Wible, 2012 All Rights Reserved 34
36. The Declaration Form
When implemented, form Must be submitted
when initially presenting for health services &
applying for or renewing permits or licenses.
Ensure that all sections are completed.
The application process is incomplete without a
properly completed declaration form. Do not issue
license or provide service if incomplete.
Again, this is subject to SAVE implementation
John R. Wible, 2012 All Rights Reserved 36
37. The Declaration Form
Full name and date of birth are
important for verification through
SAVE.
Type of document supporting
citizenship must be stated on the form
John R. Wible, 2012 All Rights Reserved 37
38. The Declaration Form
Applicant must sign and date form.
A parent or legal guardian may sign
the form on behalf of the minor
receiving services.
Employee receiving the form must
also sign it.
John R. Wible, 2012 All Rights Reserved 38
39. U.S. Citizen Declaration/Verification
If applicant declares to be U.S. citizen,
he/she must present a document
demonstrating such from List A.
A valid Alabama driver’s license is
acceptable. A valid driver’s license from
another state may not be.
A legible copy of a document indicating
U.S. citizenship is acceptable.
John R. Wible, 2012 All Rights Reserved 39
40. U.S. Citizen Declaration/Verification
If the form is properly completed and
acceptable documentation provided,
services may be provided or permit
issued to the U.S. citizen.
Maintain the declaration form and a copy
of the document presented in the client’s
file
John R. Wible, 2012 All Rights Reserved 40
41. Alien Declaration/Verification
If applicant declares to be a lawfully present
alien, he/she must present a document
demonstrating such.
Federal law requires non-citizens 18 years
or older to have immigration
documentation in their possession at all
times.
Acceptable forms of documentation are
found in List B and include green cards.
John R. Wible, 2012 All Rights Reserved 41
42. Alien Declaration/Verification
A legible copy of documentation
containing a photograph of the bearer
is acceptable
John R. Wible, 2012 All Rights Reserved 42
43. Acceptable
Documentation
Not Acceptable
Documentation
John R. Wible, 2012 All Rights Reserved 43
44. Alien Declaration/Verification
Most non-citizen registration documents may be
photocopied.
Any INS document that cannot be photocopied will
have a warning printed on the document.
Do not photocopy an INS document
with a warning not to copy
Information from the document
including name of the applicant, date of birth, and
alien registration number on the document may be
communicated to the designated SAVE user
John R. Wible, 2012 All Rights Reserved 44
45. Alien Declaration/Verification
If the applicant declares to be a lawfully
present alien and provides supporting
documentation from List B, provide
information from the document to the
designated SAVE user for your office to verify
lawful presence through SAVE
The SAVE response is generally instantaneous
John R. Wible, 2012 All Rights Reserved 45
46. Alien Declaration/Verification
If an applicant presents an expired
document or is unable to present any
immigration documentation evidencing
his/her immigration status, no services
should be provided until the necessary
documentation is provided
John R. Wible, 2012 All Rights Reserved 46
47. Alien Declaration/Verification
If for any reason the verification through
SAVE is delayed or is inconclusive, the alien
is eligible to receive health services or
other public benefits in the interim period
if the alien signs the declaration indicating
that he or she is an alien lawfully present in
the U.S
John R. Wible, 2012 All Rights Reserved 47
48. SAVE
SAVE is an inter-governmental initiative designed to aid benefit-
granting agencies in determining an applicant's immigration
status, and thereby ensure that only entitled applicants receive
federal, state, or local public benefits and licenses.
The Program is an information service for benefit-issuing
agencies, institutions, licensing bureaus, and other governmental
entities.
It is important to note that:
The SAVE Program does not make determinations on any
applicant's eligibility for a specific benefit or license.
The SAVE Program does not verify status for employment. To
verify the status of a new employee, go to: "E-Verify
Employment Verification Program.”
John R. Wible, 2012 All Rights Reserved 48
49. SAVE
The SAVE Program uses electronic and
paper records for accessing information to
verify an applicant’s immigration status.
ADPH is in the process of registering to use
SAVE.
The process may take 60-90 days.
Only designated users may access the SAVE
Program.
John R. Wible, 2012 All Rights Reserved 49
50. Nondiscrimination
The eligibility of an applicant
cannot be based upon an applicant’s race,
color, or national origin.
Do not single out individuals who look or
sound foreign for closer scrutiny or require
them to provide more documentation of
citizenship or immigration status than what
is required.
Decisions about U.S. citizenship shall only be
based upon documentation provided.
John R. Wible, 2012 All Rights Reserved 50
51. Nondiscrimination
The verification of the lawful presence
of an alien shall only be made by the
U.S. Government through the use of its
SAVE Program.
John R. Wible, 2012 All Rights Reserved 51
52. Birth Certificates/Voter
Registration
•ADPH must provide a certified copy of a birth
certificate free of charge for the purpose of
registering to vote in this state
•A sworn affidavit is required stating that the
person plans to vote in this state and does not
possess documents that constitute evidence of
U.S. citizenship
•We have had a few requests for these
John R. Wible, 2012 All Rights Reserved 52
53. Conflict with EMTALA
Duties under EMTALA
Emergency screening examination
EMC until the condition is resolved or stabilized and the
patient is able to provide self-care following discharge, or if
unable, can receive needed continual care
Must transfer if unable to care for the pt.
Emergency exception – hospital may not turn away any
person regardless of nationality or immigration status if
such person needs emergency care
May not discharge such person until stable, though law
enforcement may be used to keep them secure
Also applies to hospital-based clinics/services (EMS)
EMTALA does not apply to other H/C providers
HB 56 excludes “emergency treatment”
John R. Wible, 2012 All Rights Reserved 53
54. HIPAA Consequences
Covered Entity may, but is not required to
disclose under HIPAA w/o pt. consent if required by
law to:
Follow court order or comply with subpoena
Locate a fugitive or suspect
Alert LE of a crime taking place on premises (I.E.
violating Alabama Immigration Law)
HIPAA, itself does not require disclosure,
permissive only
Disclose only “minimum necessary” PHI
John R. Wible, 2012 All Rights Reserved 54
55. Required Reporters
State employees, only, are required reporters
Required reporters have a legal duty to inform the
authorities of violations of the law.
13A-10-2, Code of Alabama 1975, misdemeanor
This does not apply to private citizens
John R. Wible, 2012 All Rights Reserved 55
56. For a Video See:
November 15, 2011 “Rock Center with Brian Williams”
http://www.bing.com/videos/watch/video/help-not-
wanted-alabama-immigration-law-sparks-
feud/60bci5h
John R. Wible, 2012 All Rights Reserved 56
Based upon analysis of Greg Locklier, Assistant General Counsel, Alabama Department of Public Health to whom I m indebted. However, Mr. Locklier is not responsible for my additions and they do not necessarily represent his opinion.Caveat: the author has elaborated and updated.The author is not your lawyer, therefore this may not be relied upon as legal adviceNo representation is made that this presentation represents the opinion of the Alabama Department of Public Health, it officers, agents, servants, or employeesIn fact, how much did you pay for this? That’s how much it is worth
Section 2. The State of Alabama finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. Because the costs incurred by school districts for the public elementary and secondary education of children who are aliens not lawfully present in the United States can adversely affect the availability of public education resources to students who are United States citizens or are aliens lawfully present in the United States, the State of Alabama determines that there is a compelling need for the State Board of Education to accurately measure and assess the population of students who are aliens not lawfully present in the United States, in order to forecast and plan for any impact that the presence such population may have on publicly funded education in this state. The State of Alabama further finds that certain practices currently allowed in this state impede and obstruct the enforcement of federal immigration law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Alabama. Therefore, the people of the State of Alabama declare that it is a compelling public interest to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The State of Alabama also finds that other measures are necessary to ensure the integrity of various governmental programs and services.
ALIEN. Any person who is not a citizen or national of the United States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto . If you read 8 USC § 1101, it basically defines an alien as anyone who is not legally in the country who is not already a US citizen.(10) LAWFUL PRESENCE or LAWFULLY PRESENT. A person shall be regarded as an alien unlawfully present in the United States only if the person’s unlawful immigration status has been verified by the federal government pursuant to 8 U.S.C. § 1373(c ). No officer of this state or any political subdivision of this state shall attempt to independently make a final determination of an alien’s immigration status. An alien possessing self-identification in any of the following forms is entitled to the presumption that he or she is an alien lawfully present in the United States :a. A valid, unexpired Alabama driver’s license.b. A valid, unexpired Alabama nondriver identification card.c. A valid tribal enrollment card or other form of tribal identification bearing a photograph or other biometric identifier.d. Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.e. A foreign passport with an unexpired United States Visa and a corresponding stamp or notation by the United States Department of Homeland Security indicating the bearer’s admission to the United States.f. A foreign passport issued by a visa waiver country with the corresponding entry stamp and unexpired duration of stay annotation or an I-94W form by the United States Department of Homeland Security indicating the bearer’s admission to the United States. This is a confusing and feeble attempt to pretend that the person is presumed to be legal unless he has been “E-verified” not to be here legally. The bill does not make it clear how a person is brought under suspicion as being an alien. Profiling will probably happen here. My friend, Mrs. Sitz, who has been a naturalized citizen for probably 30 years but is very Mexican looking will immediately under suspicion whereas Candyce Dekruyff (A recently naturalized Canadian citizen) will not be merely because she looks like “an American.” (All be it with a funny accent, “eh?)(14) STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any state monies . Any entity that receives any state grants will be subject to the law.
Soon after the legislation was signed into law, the U.S. Department of Justice and a coalition of individuals and private interest groups filed lawsuits which are pending. Status of Federal Litigation Status of State Litigation
On August 1, 2011 two additional lawsuits were filed in the Northern District of Alabama. The United States sued the State of Alabama and Governor Bentley, alleging that various provisions of Act No. 2011-535 are preempted by federal law. United States v. Alabama, Case No. 2:11-cv-02746-SLB (N.D. Ala., pending). A group of Church Leaders sued Governor Bentley, Attorney General Strange, and a district attorney. Parsley v. Bentley, Case No. 5:11-cv-02736-SLB (N.D. Ala., pending). The plaintiffs are: the Bishop of the Episcopal Church in the Diocese of Alabama; the Bishop of the North Alabama Conference of the United Methodist Church; the Roman Catholic Archbishop of Mobile; the Roman Catholic Bishop of Birmingham; the Benedictine Sisters of Cullman, Alabama, Inc.; and, the Benedictine Society of Alabama. The Church Leaders focus on Sections 13 and 27 of the Act, which they allege violate their federal constitutional rights with respect to religion. October 14, the 11th Circuit appeals court approved the U.S. Justice Department's request to temporarily block parts of Alabama’s law pending the outcome of an appeal. Among them:Requirement that public schools determine the immigration status of their students. But they did have to report back to the state information about which students didn't have birth certificates or other documents showing that they are here legally. The court is blocking enforcement a provision that makes it a crime not to have documents proving you are in the country legally. In other words, everybody had to have their papers on them or they could be subjected to a misdemeanor charge.
First, Judge Blackburn issued a preliminary injunction of Section 8 of HB56, as preempted by federal immigration law. HB56 §8 provides:An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. An alien attending any public postsecondary institution in this state must either possess lawful permanent residence or an appropriate nonimmigrant visa under 8 U.S.C. § 1101, et seq. For the purposes of this section, a public postsecondary education institution officer may seek federal verification of an alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A public postsecondary education institution officer or official shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. Except as otherwise provided by law, an alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.The judge found that Congressional intent was contrary and clear, and thus the state law was preempted. Only Congress, the judge stated, may "classify aliens" including for postsecondary education.Second, the judge issued a preliminary injunction of the last sentences of Sections 10(e), 11(e), and 13(h) based on the Compulsory Process Clause of the Sixth Amendment. These sentences provide that "A court of this state shall consider only the federal government’s verification in determining whether an alien is lawfully present in the United States." The judge found that to the extent Sections 10(e), 11(e), and 13(h) of H.B. 56 are interpreted as allowing a defendant to be convicted based on a certificate of nonexistent record (CNR) without testimony from the clerk or officer preparing the report, these sections violate the Confrontation Clause, but because there is no evidence this has occurred, the Confrontation Clause argument does not merit a preliminary injunction. As to the Compulsory Process Clause challenge, however, Judge Blackburn ruled that by "limiting evidence admissible in a state-court proceeding to “only” the federal government verification of lawful presence, Sections 10(e), 11(e), and 13(h) deny every person accused of violating Sections 10, 11 or 13 of H.B. 56 the constitutionally-protected right to present a defense. By denying accused individuals the opportunity to prove lawful presence, Alabama has denied all individuals charged under these sections with their right to compulsory process."Third, the judge issued a preliminary injunction of Sections 11 (f) and (g) based on the First Amendment. These provision provide:(f) It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.(g) It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.The judge found that these provision were not content neutral because they applied to a particular subject matter of expression - - - solicitation of employment - - - rather than to particular conduct, such as blocking traffic. Yet the judge also analyzed the provisions under the commercial speech doctrine Alabama advocated, finding them failing to satisfy that lower standard.OutcomeThe Eleventh Circuit granted the plaintiffs' request for an injunction of Sections 10 and 28, which permit law enforcement to charge immigrants, unable to demonstrate lawful presence in the United States, with a misdemeanor and require schools to check new students' immigration status. However, the court denied the plaintiffs' request as to Sections 12, 18, 27 and 30, provisions that:Allow police to check immigration status during traffic stops, based on reasonable suspicion.Bar Alabama courts from enforcing contracts involving an illegal immigrant party.Make it a felony for an illegal immigrant to apply for a driver's license, license plate or nondriver identification card.The Eleventh Circuit's opinion contains little discussion of its reasoning, concluding, without elaboration, that the plaintiffs satisfied the four requirements for an injunction with regard to Sections 10 and 28. The court noted that its ruling does not bind the three-judge Eleventh Circuit panel that will hear a full appeal of the district court's ruling following briefing and oral argument
The court refused to halt a provision that would require police in Alabama to do immigration status checks under certain circumstances. Did not deal with section 13 “giving assistance” to undocumented persons (lower court denied injunction as moot for want of standingOral Hearing set in late February, early March, 2012
As part of a harsh anti-immigrant law, the Alabama Department of Revenue required people who owned or maintained mobile homes in the state to prove their lawful immigration status before they could pay annual fees for an identification decal required for all mobile homes under state law. The Southern Poverty Law Center and its allies filed a federal class-action lawsuit challenging the immigration check as a violation of the Fair Housing Act that threatened to leave families across the state homeless. The Department of Revenue’s policy stemmed from a provision of Alabama’s HB 56 that criminalized “business transactions” with the state by undocumented immigrants. By adopting this policy, local officials had to determine the immigration status of every person paying these fees – even though these officials had not been trained for this task and could potentially deny decals to individuals with lawful status. Failure to pay the mobile home fees resulted in fines and was considered a criminal misdemeanor. Individuals who attempted to renew their decals but were unable to prove their immigration status risked being charged with a felony because they would be considered an undocumented immigrant attempting to engage in a “business transaction” with the state. This practice threatened immigrant families – regardless of their immigration status – with eviction. Mobile home parks often required homeowners to have a current decal or face eviction from the park. Mobile home owners unable to obtain a decal could not move the home to a new location because it was illegal to transport a mobile home on public roads without a moving permit, which could only be obtained through a “business transaction” with the state where immigration status would be checked.The lawsuit charged that this provision of the state’s anti-immigrant law was unconstitutional, violated the Fair Housing Act and usurped the federal government’s authority to enforce immigration law. In December, the Ct. enjoined enforcement of the reg. requiring any person who attempts to pay the fee to prove citizenship/lawful immigration status. Neither is it illegal to apply for such. There might be application here to S/T permits & ETC.
The Attorney General reports as of November 4, 2011In late July, 2011, five individuals filed suit against Governor Bentley and Attorney General Strange in Montgomery County Circuit Court. The case, which was assigned to the Honorable Johnny Hardwick, was styled Doe v. Bentley, Case No. CV-2011-882 (Montgomery County Circuit Court).According to the Complaint, two of the plaintiffs were illegal aliens, two were citizens originally from Mexico, and one was a citizen married to an illegal alien. The plaintiffs filed a motion for a preliminary injunction early on, and then withdrew it. They also amended their Complaint twice, asserting federal and state claims. Hearings were held.On November 3, 2011, the plaintiffs moved to voluntarily dismiss their suit. The next day, on November 4, 2011, the Court granted the plaintiff’s motion dismissing the case.
German born Manager of Mercedes-Benz plant arrested in Tuscaloosa for having no driver’s license. Case dismissed.Japanese-born employee of Honda plant arrested in North Alabama. Case dismissed, employee had a valid international D/L
Here are the 10 most destructive public-health consequences under Alabama’s H.B. 56:1. Children won’t get immunization program that protects all residents against diseases such as chicken pox, measles, polio, and even the flu. Health workers in Alabama report that people are afraid to come to their clinics for flu shots. If parents are afraid to get flu shots for themselves or t required immunizations. A key safeguard of public health is a robust their children, even though the law technically says that lawful status is not required for immunizations, our whole society is put at risk.2. Communicable diseases will spread. Another bedrock of public health is accessible screening and treatment programs for communicable diseases. Tuberculosis and hepatitis are contagious diseases that are detected only through vigorous testing and cured only through consistent treatment. Alabama public-health officials warned the state years ago that if undocumented residents of Alabama were afraid of the immigration consequences of going to a health clinic, there would be increased risk of “severe health problems and the spread of infections.”3. Mothers won’t get adequate prenatal care. It is common knowledge that healthy mothers are more likely to give birth to healthy babies. The Alabama law does not require lawful status for prenatal care, but undocumented mothers who are afraid to go to health clinics for fear of being asked for “papers please” won’t get the care they need. The head of the Alabama Department of Public Health, Don Williamson, warned in testimony in 2007 that there had already been a sharp increase in low-birthweight babies and infant deaths among the Hispanic population in the state and that fewer than half of Hispanic mothers had received prenatal care. Williamson urged that the state avoid establishing “restrictions for programs that serve pregnant women, infants and children.” Babies born to mothers who have not received good prenatal care will require additional medical care and will be a challenge to the public-health services in the state. As Dr. Williamson noted in his testimony, lack of access to maternal and infant preventative care can result in medical problems becoming “serious and more expensive.”
5. U.S. citizen children and those in lawful status won’t get adequate health care. Citizen children of parents who are afraid to go to clinics, or whose parents aren’t sure if they are barred by the “business transaction” provision of the law, won’t get the health care they need and deserve. “Waiting rooms that once were full at some county health clinics just a few weeks ago now have empty seats because Hispanic patients stopped showing up,” reports Dr. Jim McVay of the Alabama Department of Public Health. Citizen kids will suffer lifetime consequences that follow from not getting adequate health care when they are young.6. Water will be less safe. Clean water is a fundamental requirement for a healthy society. Serious public-health risks such as E. coli infections and even cholera can spread through contaminated water. If residents of Alabama can’t get public water and sewer service, and can’t even get permits to repair or install safe septic tanks, they will be forced to use potentially unsafe water, which could expose them to health risks and then others they come in contact with. Broken septic systems also can contaminate the public water supply. Everyone will be exposed to unnecessary health risks and dangers.7. Restaurants will be unable to get health permits. The Alabama Department of Public Health is now requiring proof of citizenship for health permits for restaurants. While many restaurant owners who can’t meet this requirement will shut down, others may simply try to operate underground without health permits, at least until overworked health inspectors locate and stop them. The risk to public health will only increase under these conditions.8. Food supplies will be less safe. Safe food is a fundamental requirement for a healthy society. Outbreaks of E. coli in the food supply have already alarmed the public in recent months. If residents of Alabama are unable to obtain septic permits, the resulting contaminated water will run off into farms and fields, and the food supply will be less safe. Public risk of food-borne disease will increase.9. Public health costs will increase. Alabama’s new immigration law may temporarily reduce the cost of providing medical care to undocumented residents, but it will greatly increase the overall cost of medical care for all residents of Alabama who will be exposed to increased risk and disease as the result of the shortsighted policies listed above. The more people delay primary care, for example, the greater the likelihood that they will require more expensive emergency care down the road.10. Bottom line: All of the people of Alabama will suffer negative health consequences. The 4.8 million people of Alabama will suffer unnecessary and increased public health risks as the result of a law intended to punish and drive out 2.5 percent of the population. Such high risk for such alleged benefit does a terrible disservice to all of the people of Alabama.
Sections of the Act Impacting Health CareSection 7: Public Benefits (effective immediately)Section 30: Business Transactions (effective immediately)Section 29: Birth Certificates (effective immediately)Section 9: Contracts (effective 1/1/12)Section 15: E-verification of Employees (effective 4/1/12)
IMMEDIATE IMPACT ON ADPH Health Services Licensing/permitting programs Environmental EMS Radiation Health Care Facilities Issuance of Birth Certificates
An alien not legally present in the U.S. is not entitled to receive certain public benefits.An alien is a person who is not a U.S. citizen or national.The term “public benefits” includes certain healthcare services, but many services/programs are excluded or exempt from the citizenship/lawful presence verification requirements pursuant to state or federal law/rules/guidance.
Exempt Programs/ServicesAct 2011-535 expressly exempts the following programs/services from citizenship/lawful presence verification requirements: WIC Immunizations In kind disaster relief Communicable diseasePre-natal care Emergency medical treatment Child or adult protective services
Excluded Federal Benefit ProgramsThe following services/programs are federal public benefits and excluded from the citizenship/lawful presence verification requirements by federal law/rules/guidance: Family planning ABCCEDP Tobacco CessationHere, there is a direct conflict between State and Federal law.
Exempt Programs/ServicesAct 2011-535 expressly exempts the following programs/services from citizenship/lawful presence verification requirements: WIC Immunizations In kind disaster relief Communicable diseasePre-natal care Emergency medical treatment Child or adult protective services
Verification of U.S. citizenship and lawful presence IS REQUIRED for: Non-Medicaid dental servicesPrivate pay or indigent Home Health servicesProstate screeningsNon-Medicaid covered services provided to walk-in clients. Example: blood pressure check; administration of patient carried medication prescribed by outside provider.
Children’s Health Insurance Program (CHIP)CHIP is also required to verify U.S. citizenship or lawful presence of aliens but is authorized by Act 2011-535 to utilize other means approved by the Federal government.
Means of Verifying U.S. Citizenship or Lawful Presence of an AlienCompletion of a declaration form by client/applicant.Provision of documents demonstrating U.S. citizenship.Provision of documents demonstrating lawful presence of an alien AND verification of lawful presence through the federal government’s Systematic Alien Verification for Entitlements (SAVE) Program.Must rely on documents provided by client/applicant and determinations made by SAVE. Determinations of U.S. citizenship cannot be made based upon race, color, or national origin.
Licensing and Permitting Programs An alien not lawfully present in the U.S. may not enter into a “business transaction” with the state. Every “person” entering into a business transaction shall be required to demonstrate U.S. citizenship or lawful presence in the U.S. A “business transaction” includes licenses/permits issued to individuals by ADPH.
Licensing and Permitting ProgramsAct 2011-535 only impacts the licensing and permitting of individuals. It does not impact the licensing or permitting of business entities, other than sole proprietorships.
Licensing and Permitting ProgramsFor purposes of implementing Act 2011-535, an applicant for a license/permit is the individual to whom a permit/license is issued, not necessarily the person signing or submitting the application.The applicant’s citizenship/lawful presence must be determined.
How to determine if an applicant is a business entity other than sole proprietorship? Check the application for the name of the business to which the permit/license is issued - Inc., LLC, and LLP indicate types of business entities other than sole proprietorships.Require applicant to provide the legal name of the business on the application and the type of business entity.
Means of Verifying U.S. Citizenship or Lawful Presence of an AlienCompletion of a declaration form by client/applicant.Provision of documents demonstrating U.S. citizenship.Provision of documents demonstrating lawful presence of an alien AND verification of lawful presence through the SAVE Program.Must rely on documents provided by client/applicant and determinations made by SAVE.Determinations of U.S. citizenship/lawful presence cannot be made based upon race, color, or national origin.
The Declaration FormMust be submitted when initially presenting for health services and applying for or renewing permits or licenses.Ensure that all sections are completed.The application process is incomplete without a properly completed declaration form. Do not issue license or provide service if incomplete.
The Declaration FormFull name and date of birth are important for verification through SAVE. Type of document supporting citizenship must be stated on the form
The Declaration FormApplicant must sign and date form.A parent or legal guardian may sign the form on behalf of the minor receiving services.Employee receiving the form must also sign it.
U.S. Citizen Declaration/Verification If applicant declares to be U.S. citizen, he/she must present a document demonstrating such from List A. A valid Alabama driver’s license is acceptable. A valid driver’s license from another state may not be. A legible copy of a document indicating U.S. citizenship is acceptable.
U.S. Citizen Declaration/Verification If the form is properly completed and acceptable documentation provided, services may be provided or permit issued to the U.S. citizen. Maintain the declaration form and a copy of the document presented in the client’s file
Alien Declaration/VerificationIf applicant declares to be a lawfully present alien, he/she must present a document demonstrating such.Federal law requires non-citizens 18 years or older to have immigration documentation in their possession at all times.Acceptable forms of documentation are found in List B and include green cards.
Alien Declaration/VerificationA legible copy of documentation containing a photograph of the bearer is acceptable.
Alien Declaration/VerificationMost non-citizen registration documents may be photocopied. Any INS document that cannot be photocopied will have a warning printed on the document. Do not photocopy an INS document with a warning not to copy. Information from the document including, but not necessarily limited to, the full name of the applicant, the date of birth, and the alien registration number on the document may be communicated to the designated SAVE user.
Alien Declaration/VerificationIf the applicant declares to be a lawfully present alien and provides supporting documentation from List B, provide information from the document to the designated SAVE user for your office to verify lawful presence through SAVE.The SAVE response is generally instantaneous.
Alien Declaration/Verification If an applicant presents an expired document or is unable to present any immigration documentation evidencing his/her immigration status, no services should be provided until the necessary documentation is provided.
Alien Declaration/VerificationIf for any reason the verification through SAVE is delayed or is inconclusive, the alien is eligible to receive health services or other public benefits in the interim period if the alien signs the declaration indicating that he or she is an alien lawfully present in the U.S.
SAVE is an inter-governmental initiative designed to aid benefit-granting agencies in determining an applicant's immigration status, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses. The Program is an information service for benefit-issuing agencies, institutions, licensing bureaus, and other governmental entities.It is important to note that: The SAVE Program does not make determinations on any applicant's eligibility for a specific benefit or license. The SAVE Program does not verify status for employment. To verify the status of a new employee, go to: "E-Verify Employment Verification Program.”
SAVEThe SAVE Program uses electronic and paper records for accessing information to verify an applicant’s immigration status.ADPH is in the process of registering to use SAVE.The process may take 60-90 days.Only designated users may access the SAVE Program.
NondiscriminationThe eligibility of an applicant cannot be based upon an applicant’s race, color, or national origin.Do not single out individuals who look or sound foreign for closer scrutiny or require them to provide more documentation of citizenship or immigration status than what is required.Decisions about U.S. citizenship shall only be based upon documentation provided.
NondiscriminationThe verification of the lawful presence of an alien shall only be made by the U.S. Government through the use of its SAVE Program.
ADPH must provide a certified copy of a birth certificate free of charge for the purpose of registering to vote in this stateA sworn affidavit is required stating that the person plans to vote in this state and does not possess documents that constitute evidence of U.S. citizenship.
Hospital obligationsHospitals have three obligations under EMTALA:Individuals requesting emergency care, or those for whom a representative has made a request if the patient is unable, must receive a medical screening examination to determine whether an emergency medical condition (EMC) exists. The participating hospital cannot delay examination and treatment to inquire about methods of payment or insurance coverage, or a patient's citizenship or legal status. The hospital may only start the process of payment inquiry and billing once they have stabilized the patient to a degree that the process will not interfere with or otherwise compromise patient care.The emergency room (or other better equipped units within the hospital) must treat an individual with an EMC until the condition is resolved or stabilized and the patient is able to provide self-care following discharge, or if unable, can receive needed continual care. Inpatient care provided must be at an equal level for all patients, regardless of ability to pay. Hospitals may not discharge a patient prior to stabilization if the patient's insurance is canceled or otherwise discontinues payment during course of stay.If the hospital does not have the capability to treat the condition, the hospital must make an "appropriate" transfer of the patient to another hospital with such capability. This includes a long-term care or rehabilitation facilities for patients unable to provide self-care. Hospitals with specialized capabilities must accept such transfers and may not discharge a patient until the condition is resolved and the patient is able to provide self-care or is transferred to another facility.All patients have EMTALA rights equally, regardless of age, race, religion, nationality, ethnicity, residence, citizenship, or legal status. If patient's status is found to be illegal, hospitals may not discharge a patient prior to completion of care, though law enforcement and hospital security may take necessary action to prevent a patient from escaping or harming others. Treatment may only be delayed as needed to prevent patients from harming themselves or others.Also applies to hospital-based clinics/services (EMS)EMTALA does not apply to other H/C providers
Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) in response to a law enforcement official’s request for information about a victim or suspected victim of a crime; (4) to alert law enforcement of a person’s death, if the covered entity suspects that criminal activity caused the death; (5) when a covered entity believes that protected health information is evidence of a crime that occurred on its premises; and (6) by a covered health care provider in a medical emergency not occurring on its premises, when necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims, and the perpetrator of the crime.HIPAA, itself does not require disclosure,permissive onlyDisclose only “minimum necessary” PHI
State employees only, are required reporters.Required reporters have a legal duty to inform the authorities of violations of the law.This does not apply to private citizens13A-10-2, Code of Alabama 1975, misdemeanorQUESTIONS OR COMMENTS?