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                                                                                    The Importance of the
                                                                                  Olmstead Act in New Jersey
Summer/Fall 2010

                                                                Jennifer Velez, Commissioner of the New Jersey Department of Human
                                                                Services, served as the Community Health Law Project’s Keynote speaker
                                                                at the 2010 Law & Disability Issues Conference sponsored by the New
                                                                Jersey State Bar Foundation and New Jersey Institute for Continuing
                                                                Legal Education. The following are excerpts from Ms. Velez’ speech…
                                                                Lois Curtis was born in Atlanta, Georgia. Diagnosed with schizophrenia
                                                                and a mild intellectual disability, she spent much of her early adult life
                                                                living in state-run institutions. Her treatment professionals determined
                         In thIS ISSue                          that institutionalization was no longer necessary, yet she remained in
                   The Importance of The                        the state-run hospital. In 1995, through her own self-advocacy and
                                                                                                                                                Jennifer Velez
                   Olmstead Act in New                          assistance from the Atlanta Legal Aid Society, a lawsuit was filed.
                   Jersey by Commissioner
                   Jennifer Velez .........................1    In June 1999, the United States Supreme Court rejected Georgia’s appeal to enforce insti-
                                                                tutionalization of individuals with disabilities and ruled in the case Olmstead v. L.C. and
                   Update on Psychiatric Hospital               E.W. that the “integration mandate” of the Americans with Disabilities Act (ADA) requires
                   and Privacy Lien Laws by                     public agencies to provide services “in the most integrated setting appropriate to the needs of
                   Stuart H. Weiner ...................2        qualified individuals with disabilities.” In rejecting the state of Georgia’s appeal, the Supreme
                                                                Court affirmed the right of individuals with disabilities to live in their community.
                   Law & Disability Issues
                                                                Recently, on the 10th anniversary of the Supreme Court’s decision, President Obama
                   Conference 2010....................3
                                                                launched “The Year of Community Living,” a new effort to assist Americans with disabili-
                                                                ties. He asked the U.S. Departments of Health and Human Services and the Housing and
                   Kudos to Staff Members.........3
                                                                Urban Development, to identify ways to improve access to housing, community supports,
                                                                and independent living arrangements. The efforts that various states have been trying to
                   The Lois Lynne Krieger
                   Irrevocable Trust.....................3
                                                                do for a decade now gained national attention.
                                                                Olmstead v. L.C. and E.W. was the catalyst for lawsuits across the country. New Jersey has
                   Ann Klein Advocate                           12 state-run institutions: 5 psychiatric hospitals, and 7 developmental centers. We have
                   Awards ..................................4   two Olmstead lawsuits: one has been settled in our Division of Mental Health Services; and
                                                                the other pending in our Division of Developmental Disabilities. While there is no doubt
                   Remembering Our
                   Colleagues .............................5
                                                                that lawsuits can be long and costly, it is also true that they can effectuate positive change.
                                                                Without litigation, there might well be less of an understanding among policy and other
                   New Programs .................. 6 - 7        decision makers of the importance of Olmstead. As a result of our efforts to advance our
                                                                Olmstead plans, the institutional census has declined considerably.
                   Advocate for Persons with
                   Disabilities leaves Bequest.......7          For those with disabilities, being part of a local community helps to reduce barriers, hope-
                                                                fully stigma and definitely isolation. We have a very long way to go in New Jersey, but
                                                                with increasing recognition of the importance of the Olmstead decision, I know we will
                                                                continue to make progress.
                                                                Today Lois Curtis lives in a Georgia community. She is a public speaker, an artist, an advo-
                                                                cate, and an activist. In 2007 she was awarded the Harriet Tubman Act of Courage Award.
                                                                Certainly, without her courage and determination, community integration would never be
                                                                realized. She remains an inspiration for all of us.

                                      Protecting and promoting the rights of individuals with disabilities
Update on Psychiatric Hospital and Privacy Lien Laws
                   by Stuart H. Weiner, Managing Attorney, Community Health Law Project
On November 20, 2009, a law was signed by former Governor Jon Corzine preventing the general public from seeing institutional
lien records that had been recorded against former patients of our state and county psychiatric hospitals. This lien privacy law takes
effect on November 20, 2010. The following summarizes the 2009 lien privacy law, along with a 2005 reform law that ended the
practice of filing these liens. Both statutes were strongly advocated for by CHLP, along with the Mental Health Association of NJ,
NAMI-NJ and Disability Rights NJ. The main sponsor and legislative advocate of both laws was Assemblyman Reed Gusciora.

For over 80 years, state law required state and county psychiatric hospitals to file a lien against all former patients for the full
cost of their care and maintenance, regardless of the patient’s ability to pay. As a result, patients treated at county or state
psychiatric hospitals were assessed the full cost (over $400 per day) of that care and maintenance, despite the fact that most
were already living in poverty and were involuntarily committed. In addition, many were kept hospitalized for long periods
of time after they met the legal standards for commitment, on CEPP status, due to the lack of adequate community resources.
Upon leaving the hospital, these liens, which typically were in amounts of $50,000 or more, encumbered the indi-
vidual’s property and assets and adversely affected their credit rating, job prospects and ability to become self-sup-
porting and reintegrated into the community. This was viewed by everyone involved as unfair and counterproductive.
Reform of the lien laws was also seen as a mental health parity issue. A person of similar financial means who was
treated at a community hospital for a physical condition was eligible for Charity Care, which would cover the full cost
of treatment, without any contribution by the patient, if his or her income was below 200% of the federal poverty level.
On March 24, 2005, Acting Governor Richard Codey signed a sweeping reform bill into law. This law, P.L. 2005, c.55,
ended the practice of filing these liens against former psychiatric patients. The law extinguished all previously filed
liens and allowed former patients to request that the state or county psychiatric hospital file a certificate of discharge
of the lien. In addition, public psychiatric hospitals were required to apply, in most instances, the same Charity Care
income standards used by other hospitals to determine whether the former patient had the financial means to contrib-
ute to the cost of his or her care. The law also liberalized the criteria for the Department of Human Services to grant
a compromise of patient bills for former patients who had the financial means to contribute to the cost of their care.
The stigma of psychiatric hospitalization and the danger of identity theft remained after the 2005 re-
forms, due to the continued presence of psychiatric hospital liens in the public records maintained by the
counties and Superior Court. This problem became more pressing as several counties began putting all
of their land and property records, including these liens, on the internet. In some instances, these lien
documents included the names, social security numbers, addresses and dates of birth of former patients.
The Lien Privacy Law (P.L. 2009, ch. 154) provides that, to the extent practicable, all such liens are to be identified
and removed from public access. It requires the joint cooperation of: the Commissioner of Human Services; the chief
executive officer of county psychiatric facilities; county clerks and registers of deeds and mortgages; and the Clerk of the
Superior Court or any other public custodian of lien records. Government and government officials are immunized from
liability for failing to remove a particular lien record, provided that a good faith effort is made to comply with the law.
Another important provision of the new law is the requirement that any commercial data company that
has obtained a record of such a lien remove the record from its database within a reasonable time after the
clerk of the county, register of deeds and mortgages, Clerk of the Superior Court or other custodian removes
the lien records from public access. A member of the public may seek access to a lien removed from pub-
lic access pursuant to this law by applying to the Superior Court of the county in which the lien was filed.
It is now essential for mental health advocates to monitor governmental efforts to implement the law and educate former patients
about the law, so that they know that they can come forward to ensure that their liens are removed from the public domain.

                                                               Page 2
                         Law & Disability Issues Conference
Every year, the Community Health Law Project presents a free conference on law and dis-
ability issues. The conference is sponsored by the New Jersey State Bar Foundation and the
New Jersey Institute for Continuing Legal Education, with funding from the IOLTA Fund
of the Bar of New Jersey. The most recent Law & Disability Issues conference took place
on April 27, 2010. Commissioner Jennifer Velez, Esq., New Jersey Department of Human
Services, served as the keynote speaker followed by a plenary session and two workshops.
                                                                                                             New Jersey Law Center

Plenary Session: Implementing Olmstead in New Jersey. Panel: Jon Poag, Assistant Commissioner, Division of Men-
      tal Health Services; Kenneth Ritchey, Assistant Commissioner, Division of Developmental Disabilities; and
                          Joseph Young, Esq., Executive Director, Disability Rights New Jersey.
Workshop 1: How to Protect the Privacy of Your Psychiatric Hospital Liens. Panel: Barbara Johnston, Director of
Advocacy, Mental Health Association in New Jersey, Inc.; Phillip Lubitz, Associate Director, National Alliance on Mental
            Illness New Jersey; and Joseph Young, Esq., Executive Director, Disability Rights New Jersey.
Workshop 2: Health Care Reform: How Did We Get Here? Panel: Dennis Lafer, Consultant, Mental Health Associa-
              tion in New Jersey, Inc.; and Robert Titus, Public Policy Director, Autism New Jersey.

                                    Kudos to Staff Members…
Our colleague, Bryn Whittle, Senior Staff Attorney, was honored on World AIDS Day, December 1st, 2009 for her
dedication in the fight against HIV/AIDS by the North Jersey Community Research Initiative Stop AIDS Coalition
(NJCRI-NJ). Shortly thereafter in February 2010, Bryn was invited to a meeting at the U.S. Department of Health and
Human Services, hosted by the White House Office of National AIDS Policy (ONAP) and the Office of Public Health
and Science (OPHS). The purpose of the meeting was to update HIV/AIDS advocates and strategists on the progress of
the National HIV/AIDS Strategy (NHAS). For the first time, the Obama Administration has developed a coordinated
effort for a national strategy to impact the HIV epidemic. President Obama has set forth three pri-
mary goals that were addressed at this meeting: reducing HIV incidence; increasing access to care
and optimizing health outcomes; and reducing HIV-related health disparities. Participants were
briefed on the results of community discussions held across the country and introduced to the Fed-
eral Interagency Working Group who later joined break-out sessions for one-on-one meetings with
the invited guests. The impetus was to further encourage a partnership with the community in the
development of the NHAS, which was recently announced on July 13, 2010 and can be viewed at
                                                                                                                    Bryn Whittle
Ramona DeFonza, Supervising Advocate in our Eatontown office, initiated a partnership with Burlington County Col-
lege to produce a concert at the college in June of 2010, featuring three New Jersey Singer/Songwriters: Ramona’s hus-
band, Danny DeFonza; Hunter Gray; and Paul Savaj. All proceeds went to Community Health Law Project. The idea
came about when one of the performers approached a longtime friend and fellow musician, Dan Skye, who now heads up
the Paraprofessional Recording Production Program at the college. The students produced the entire evening as part of
their semester work. This event would not have been made possible without the support of Burlington County College’s
President, Robert C. Messina, Jr., and the time and effort of our own Ramona DeFonza.

                                 The Lois Lynne Krieger Irrevocable Trust
Lois Krieger was a tireless advocate for the most vulnerable citizens of our state. The generosity of her spirit which endeared her
to all of us while she lived continues on in an irrevocable trust which she thoughtfully established in her will. Lois envisioned that
the funds be used by the Community Health Law Project’s direct services staff for clients to avert or resolve emergency situations.
                                              For more information, please contact:
                  Daniel Farrell, Supervising Paralegal, Community Health Law Project,
                                                               Page 3
          The 21st Annual Ann Klein Advocate Awards
On October 23, 2008, the Community Health Law Project’s annual awards dedicated to the memory of
Ann Klein, former Commissioner of the Department of Human Services, were held at the Wilshire Grand in West
Orange, NJ. CHLP’s Chairperson, Michael D. Lione, presided over the presentation of awards to five
people who were nominated by their colleagues as individuals who contributed significantly to improv-
ing the lives of people with disabilities. The 21st Annual Ann Klein Advocate Award honorees were:
                       Jim Dieterle, AARP NJ Senior State Director, AARP New Jersey
                              Joseph N. DiVincenzo, Jr., Essex County Executive
        Linda Walder Fiddle, Esq., Founder & Executive Director, The Daniel Jordan Fiddle Foundation
                        William R. Testa, Executive Director, The Arc/Morris Chapter
    Dominic M. Ursino, President, NJ Institute for Disabilities/Cerebral Palsy Association of Middlesex County

                                                    We thank our sponsors: The Daniel Jordan Fiddle Foundation;
                                                    Verizon; PSEG; Columbia Bank; McCarter & English, LLP; First
                                                    Choice Insurance Services; Janssen Pharmaceutica, Inc.; Mutual of
                                                    America; Princeton Public Affairs Group; Schering-Plough; and

                                                    Left to right:
                                                    Joseph N. DiVincenzo, Jr., Jim Dieterle,
                                                    Dominic M. Ursino, William R. Testa and
                                                    seated, Linda Walder Fiddle.

         The 22nd Annual Ann Klein Advocate Awards
On October 22, 2009, Paula A. Franzese, Esq., Chairperson of the Community Health Law Project, pre-
sided over the 22nd Annual Ann Klein Advocate Awards at the Wilshire Grand in West Orange, NJ. Four in-
dividuals were honored for their contributions to helping people with disabilities. The honorees were:
                   Bruce A. Bird, Ph.D., Immediate Past President, The ARC of New Jersey
                   William A.B. Ditto, Director, New Jersey Division of Disability Services
                       Carmela Lunt, Founder and President, Community Hope, Inc.
      Mary Lynne Reynolds, MPA, Executive Director, Mental Health Association in Southwestern New Jersey

         We thank our sponsors: Verizon; Pfizer; Columbia Bank, McCarter
         & English, LLP; Gibbons P.C.; Mutual of America; TD Bank; and
                    Trenk, DiPasquale, Webster, Della Fera & Sodono, P.C.

                                                       Front row left to right:
                                         Carmela Lunt, Mary Lynne Reynolds,
                                                             Harold Garwin
                                                       Back row left to right:
                                           William A.B. Ditto, Bruce A. Bird

        The 23rd Annual Ann Klein Advocate Awards will take place on
            October 21, 2010, at the Wilshire Grand in West Orange.
 If you would like to attend, please call Martha Prezuhy at CHLP, 973-275-1175

                                                           Page 4
                           Remembering our Colleagues…
                             Luisa Ragonese emigrated from Argentina to the United States in 1961, at the tender age of 19.
                             She found her way to New Jersey, married and took a position with Camden Regional Legal Ser-
                             vices. In 1979 she joined the Camden office of the Community Health Law Project. She worked
                             extensively in Social Security appeals, not only representing clients denied their benefits, but also
                             training new lawyers and paralegals to be effective advocates. She was recognized throughout
                             South Jersey as an expert in the Social Security appeals process and motivated others to pursue
                             this practice. Luisa, our sole staff person for the highly effective Legal Assistance to Medicare
                             Patients (LAMP) program, worked independently for clients who were denied appropriate Medi-
                             care benefits. She traveled extensively covering all the southern counties. Later she took on a new
                             project, the Office of the Ombudsman for the Institutionalized Elderly Program, which took
    Luisa Ragonese her into nursing homes throughout southern New Jersey. She had to recruit and train countless
volunteers to visit these homes and become lay advocates for the residents who frequently had no other voice to speak for them.
Luisa took a brief sojourn to work in the private sector. She realized how much she missed her role as advocate and returned
to CHLP to cover Atlantic County. She worked closely with the mental health provider agencies as well as numerous clients
across the county. Luisa was our trusted friend and colleague. She was a godsend to the community, and an angel to her clients.

“I was blessed to have the opportunity to steal her away from legal services to work with us. She was one of my mentors in
law school when I was in the legal services clinic. She was a warm, jesting, sweet friend to a young law student and helped
me focus on what my professional mission in life should be.” Harold Garwin, President and Executive Director, CHLP

Lois Krieger was a tireless advocate for the most vulnerable citizens of our state. The path that led her to the Community
Health Law Project began while attending Brandeis University in the early 1970s. She became a volunteer at the Fernald State
School for the Mentally Retarded. Leaving Brandeis with a degree in Comparative Literature,
she naturally fell into a writing career. For over fifteen years Lois worked as managing editor
for various book publishers during which time she was a staff editor for The Civil Liberties Re-
view. With determination and courage Lois went back to school entering Syracuse University
College of Law in the early 90s. As a student in the law school clinic, she litigated employment
discrimination, civil rights and disabilities actions. In 1992 she was admitted to the New Jersey
Bar. Her intellect and knowledge of the law served her well as Law Clerk to Justice Alan B.
Handler of the New Jersey Supreme Court, and later as an attorney in the Administrative Of-
fice of the Courts in Trenton. However, outstanding legal analysis and composition were not
enough. Steered by her altruism – that and our good fortune brought Lois to CHLP where
she put to full use her diverse abilities, high principles, compassion and uncompromising de-
cency. She was a true champion for the disenfranchised. Prior to her death she established the
Lois Lynne Krieger Irrevocable Trust to provide support for CHLP clients in emergency situations.      Lois Krieger
“She lived a life of unfailing grace and dignity. She left us all stronger.” David Popiel, Senior Managing Attorney, CHLP

                               Richard Bennett graduated Rutgers School of Law in 1972. He began his career as a staff
                               attorney for the Union County Legal Service Corporation (UCLS), and later became Special
                               Assistant for Legal Affairs at the New Jersey Department of Human Services. The offer of
                               Executive Director called him back to the Union County Legal Services Corporation where
                               he stayed for over 20 years. Public interest was his call to service and he spent years leading
                               the charge. Richard served on countless boards, including CHLP, all concerning the needs of
                               people with life’s challenges. In 2005 he retired from UCLS, but his desire to help those who
                               are vulnerable led him to a part-time position at CHLP. He helped initiate our Fee-for-Ser-
                               vice program and worked on the Grotta Fund project representing seniors facing foreclosure.

                               “Richard was a dear friend, colleague, law-school classmate and life-time public interest
    Richard Bennett            lawyer.” Harold Garwin

                                                              Page 5
                                  New Programs
The essential mission of the Community Health Law Project is to provide legal and advocacy
services to New Jersey residents with disabilities. We serve consumers of mental health services,
people with physical disabilities, HIV/AIDS, developmental disabilities, and visual impairments.
Through generous funding CHLP launched three new programs over the last two years:

      Grotta Fund Project on Predatory Lending and Foreclosure Defense
In January 2008, the Grotta Fund for Senior Care began funding a project designed to educate cit-
izens of Union and Essex counties about predatory lending practices and to provide legal counsel-
ing to those citizens already affected by such practices. Over the course of the FY2009, more than
350 seniors and their caregivers participated at workshops throughout the two counties and CHLP
provided individual counseling to 30 seniors. With the approval of a second Grotta grant in 2009,
CHLP launched a foreclosure defense effort providing representation and counseling of seniors
facing foreclosure in Essex and Union counties. Most cases initially were referred to counselors
who assisted in seeking mortgage modifications or reverse mortgages. 20% of our clients were able
to obtain mortgage modifications through the Obama Administration’s Mortgage Modification
Program announced early in 2009. One case went to bankruptcy proceedings, but prior to any
administrative court process, CHLP was able to work out a modification. The Community Health
Law Project provided these services for 49 seniors during 2009. One of those seniors was Mrs. S
from Scotch Plains. Richard Bennett, Senior Attorney in the CHLP South Orange office reported:
“Mrs. S had been married for over 35 years and was recently widowed. She had Social Security, a
small monthly pension payment from her husband and little else. A family friend had convinced
her to apply for a reverse mortgage. She did and the income generated was used to maintain her
home and keep her in the community where she lived all her married life. In late 2006, she was ap-
proached by an agent of a mortgage company who suggested she could do much better if she revoked
the reverse mortgage and refinance her home with a conventional mortgage. What the representa-
tive failed to inform her was that the new loan was a variable rate mortgage with balloon payments.
Unfortunately Mrs. S agreed. Early in 2009 Mrs. S sought legal help concerning the rapidly rising
monthly mortgage payments. Receiving a referral to the Community Health Law Project, we were
able to secure a reverse mortgage and the predatory mortgage loan was rescinded by the mortgagor.”

 Treasury Grant-in-Aid to Fund Legal Services for Homeowners and Tenants
In late 2008, the Legislature appropriated funding to Legal Services of New Jersey and the Com-
munity Health Law Project to provide legal services for homeowners and tenants in financial
distress. The program focused on mortgage foreclosure, bankruptcy, debt collection, eviction and
other matters. More than 650 people with disabilities and seniors who had income no greater than
200% of the Federal Poverty Level ($21,000 for an individual, $28,000 for two people) received
legal counseling or legal representation. This was a statewide grant and administered through

                                               Page 6
CHLP’s regional offices. The following case involving seniors represents the kind of situation
that is becoming all too familiar. Stacy Noonan, Senior Attorney from our Elizabeth office wrote:
“Mr. and Mrs. D, 75 and 80 years old respectively, lived in their house in Plainfield for over
40 years. They paid off the mortgage approximately 15 years ago. About 7 years ago they start-
ed borrowing money for a new roof, medical bills, helping their adult children, all of which con-
tributed to refinancing the house. By the time they were done, Mr. and Mrs. D had a new mort-
gage of $288,000 with a payment of $2,700 per month. Their combined Social Security income
is $2,300 per month. When they came to us, they were already three months behind on mortgage
payments. The bank had served them with a Notice of Intent to Foreclose. We were able to get them
on a trial payment plan under the Obama Home Affordable Modification Program. The D’s com-
pleted their first 3 months of payments and hopefully their mortgage will be modified permanently.

             Medicare Beneficiaries Outreach and Assistance (MBOA)
In January of 2010, the Community Health Law Project was awarded a grant from the New Jersey
Department of Health and Senior Services to help older adults and individuals with disabilities
save money on their healthcare costs. Harold B. Garwin, President and Executive Director of
CHLP, stated “We are pleased to spearhead this initiative. It augments the Law Project’s mission
to provide services to the elderly and disabled throughout the State of New Jersey, where so many
people are eligible for benefits, but so few apply.”
The grant, made possible by the Medicare Improvements for Patients and Providers Act of 2008
(MIPPA), is used to conduct community outreach activities and help eligible individuals apply for
programs that can help save money on Medicare premiums, deductibles, coinsurance and/or co-
pays. We provide information to individuals and groups to increase awareness of these benefit pro-
grams, identify eligibility and assist through the application process. CHLP’s MBOA Coordinator,
Cathy Kuttner, fields calls through the CHLP Hotline (888-838-3180). She says, “the majority
of people calling in are struggling to make ends meet. They are relieved to speak to someone and
learn that not only are they eligible, they can save money that can be used for other necessities.”

            Advocate for Persons with Disabilities leaves Bequest
Roslyn Nadel, long time advocate for people with disabilities, has left a generous bequest to the
Community Health Law Project. Although Ms. Nadel was not known to CHLP, she was indi-
rectly associated with us through her own life challenges of multiple health problems and disabili-
ties, and her determination to help other disabled people secure their legal rights and participate
fully in society. During her lifetime she made significant donations to establish college scholar-
ships for students with disabilities. “Given her deep interest in furthering the legal rights of per-
sons with disabilities, the Community Health Law Project seemed an appropriate organization
to pursue those objectives,” says Ethan D. Shapiro, executor and longtime friend of “Roz” Nadel.

                                               Page 7
                                       COMMunItY heALth LAW PROJeCt                     NON-PROFIT ORG.
                                       185 Valley Street                                  U.S. POSTAGE
                                       South Orange, New Jersey 07079                          PAID

Independent                                                                                UNION, NJ
                                                                                          PERMIT NO. 19

A publication of the
Community health Law Project

                                 Community Health Law Project
Administrative Office                South Jersey                       east Jersey
185 Valley Street                    Station House Office Building      65 Jefferson Avenue, Suite 402
South Orange, NJ 07079               900 Haddon Avenue, Suite 400       Elizabeth, NJ 07201
973.275.1175                         Collingswood, NJ 08108             908.355.8282
FAX: 973.275.5210                    Phone /TTY: 856.858.9500           FAX: 908.355.3724
TTY: 973.275.1721                    FAX: 856.858.9545                  TTY: 908.355.3369
E-mail:            E-mail:      E-mail:

Central Jersey                       Absecon, Atlantic County           26 Journal Square, Suite 600
225 East State Street, Suite 5       856.858.9500                       Jersey City, NJ 07306
Trenton, NJ 08608                                                       201.963.6295
609.392.5553                         Carneys Point, Salem County        FAX: 201.239.6365
FAX/TTY: 609.392.5369                856. 858.9500
E-mail:                                                1 Main Street, Suite 413
                                     north Jersey                       Eatontown, NJ 07724
4 Commerce Place                     650 Bloomfield Avenue, Suite 210   732.380.1012
Mt. Holly, NJ 08060                  Bloomfield, NJ 07003               FAX: 732.380.1015
609.261.3453                         973.680.5599                       E-mail:
FAX: 609.261.8596                    FAX: 973.680.1488
                                     TTY: 973.680.1116                  44 Washington Street
                                     E-mail:        Toms River, NJ 08753
                                                                        FAX: 732.349.6935

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