From Dennis Parker <[email protected]>
Subject Unfair debt collection and disability rights
Date June 17, 2020 6:46 PM
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NCLEJ continues its efforts to further racial and economic justice in the midst of the COVID-19 pandemic and the repeated, appalling assault on individuals and communities of color by law enforcement. Those efforts include litigation, outreach, and collaboration calling for legislative changes.

Last week, NCLEJ and the Kentucky Equal Justice Center filed a federal class action lawsuit against University of Kentucky Healthcare and the Kentucky Department of Revenue on behalf of thousands of patients of the UK Healthcare system. The complaint alleges that UK’s debt collection practices violate the due process clause of the constitution. Unlike private hospitals, which must take patients to court before collecting outstanding debts, UK refers the debts to the State tax authority, which adds a 25% fee plus interest. The DOR garnishes people’s wages (including entire paychecks), sweeps their banks accounts, seizes state tax refunds, and places liens on their property, all without first giving patients the opportunity to appeal their medical bills.

The suit, in which five Kentucky residents are listed as plaintiffs, seeks to prevent the state from forcibly collecting medical debts without first providing patients notice of their appeal rights and an opportunity to contest the debt.

The case has received press coverage here ([link removed]) .

We are also pleased to report the outcome of Center for Independence of the Disabled v. Metropolitan Transportation Authority in which the appellate division upheld a ruling that found that the MTA is subject to New York City Human Rights Law. NCLEJ filed an amicus brief in the case (represented by our Board President, Sandy Hauser, and her firm, Dentons, Inc.) and our Staff Attorney Britney Wilson sits on the Board of the plaintiff organization. The decision is of enormous significance as it opens door for litigation against the MTA under the New York Human Rights Law.

NCLEJ Board members have also been active either in other NCLEJ cases or regarding issues of importance to the organization. Last week, Ed Krugman argued the Waskul case in the 6th Circuit, in which adults with developmental disabilities who receive Medicaid benefits to enable them to stay in the community are asserting that a change in budgeting procedures is preventing them from getting needed services and placing them at risk of institutionalization. And Board Member Deborah Archer appeared as a featured guest on the MSNBC regarding the arrest of the four Minneapolis Police Officers on MSNBC this week.

The section of Deborah’s interview starts at 11:40 of this link. ([link removed] )
We are proud of the work of the NCLEJ staff and Board and grateful for the support given by donors. The work has never been more important and we pledge our continued commitment to it.
Dennis D. Parker
NCLEJ Executive Director
Donate to NCLEJ ([link removed])

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