Evening Briefs: Eviction Decision Nursing Support Package Takeout Takeaways West Nile Uptick
- Federal Judge Lets Eviction Moratorium Stand for Now
- Baker Nursing Home Package Includes $140 Mil Investment
- Takeout Takeaways: Budget Not as Bad as First Predicted, Smola Says
- Four New Cases of West Nile Diagnosed
- Health Providers Revive Debate Over Tenants' Right To Counsel
- CCC Hiring for New Eyes and Ears on Beacon Hill
Federal Judge Lets Eviction Moratorium Stand for Now
A federal judge allowed the state's temporary ban on evictions and foreclosures to remain in place, a decision outlined in a Thursday ruling that prompted parties on both sides of the issue to see positives. Judge Mark Wolf told attorneys Thursday that he will not intervene to lift the ban, according to both the lawyer representing plaintiffs and a state lawmaker who co-authored the original moratorium. Wolf plans to explain his decision in detail in a forthcoming written opinion, according to the online court docket. Gov. Charlie Baker signed a moratorium in April blocking most evictions and foreclosures for several months, aiming to avoid housing disruptions during the COVID-19 pandemic. He later extended its expiration to Oct. 17. Three landlords sued the state, alleging the ban breaches the Constitution's contracts clause and prevents them from exercising free speech, petitioning the judiciary, and acquiring compensation for unlawful land taking. "While we are currently awaiting the written ruling, my understanding is that today Judge Wolf indicated he would be denying every challenge that was made by the landlords against the eviction moratorium statute itself," said Rep. Mike Connolly, who co-authored the legislation. "I think this affirms the principle that we as legislators are protecting the public health when we act to ensure housing stability during a pandemic." Richard Vetstein, who represented the landlords, wrote on Twitter Thursday that while the judge did not lift the ban on filing new eviction cases or issuing notices to quit, he was "pleased" that Wolf expressed some concerns about its viability going forward. - Chris Lisinski/SHNS
Baker Nursing Home Package Includes $140 Mil Investment
Up to $140 million in investments and restructured Medicaid rates are at the center of a new package of nursing home reforms and supports announced Thursday by the Baker administration. Health and human services officials said the package will supplement changes announced in April to hold facilities to higher standards of care and infection control. Nursing homes this year were at the center of the state's deadly COVID-19 surge. State officials say that new COVID-19 cases in nursing facilities have declined by over 93 percent since April, and deaths have declined by 98 percent, based on seven-day averages. The Nursing Facility Accountability and Supports Package 2.0, according to the administration, includes new requirements to strengthen staffing and the direct care workforce, ensure adequate spacing in congregate rooms, and improve standards of care. It also features a long-term $82 million investment through MassHealth rate restructuring, up to $60 million in targeted, COVID-19 funding; and oversight and monitoring measures. "We applaud Health and Human Services Secretary Sudders and Governor Baker for proposing a fundamental redesign on the state’s nursing facility funding system," Tara Gregorio, president of the Massachusetts Senior Care Association, said in a statement released by the administration. "Under the reforms, the state is clearly prioritizing the health and safety of our residents and their caregivers and we look forward to continuing to work with the Administration to further these efforts today and in the years to come?." - Michael P. Norton/SHNS
Takeout Takeaways: Budget Not as Bad as First Predicted, Smola Says
As the seasons are about to change in a year he compared to "living in the Twilight Zone," Rep. Todd Smola, a Warren Republican, said Thursday he thought it would be a "coin-flip" whether the Legislature gets a long-range budget completed by Oct. 31. Smola is the ranking minority member of the House Ways and Means Committee who has the luxury of not having to worry about his own reelection this cycle because he drew neither a primary nor a general election challenger. But unlike most election years, Smola can't kick back and relax because the Legislature in July voted to extend formal sessions through 2020, with the annual budget among a list of legislative priorities yet to be finalized, or even started. Smola sat down for an interview Thursday with the News Service's "State House Takeout," during which he discussed everything from August tax revenue numbers, the wait for federal stimulus relief and the impact President Donald Trump is having on state elections. Identifying the budget as the top priority for the House GOP caucus this fall, Smola commented on the 3 percent growth the state has seen so far through August after dire predictions of a $6 billion or greater revenue implosion. "The early information that we're getting right now, and I stress the word early information, is that our long-term budget challenge may not be as bad as we first predicted, but only time will tell," he said. On the political front, Smola predicted a "tough year" for Republicans in Massachusetts as every race has become more nationalized, but said he thought his colleagues who have been focused on connecting their constituents with the services they need during the pandemic would "fare pretty well." As for Trump, Smola wouldn't say whether he'll vote for the president in November. "I never tell people how I'm voting in a presidential election, ever," he said. Not even his daughter. [Listen to the full interview with Smola Friday on the "State House Takeout," a weekly podcast offering bite-sized insights from reporters, legislators, and newsmakers on top of Beacon Hill. And if you don't already subscribe, check it out on SoundCloud, Spotify, iTunes, Google Play, and Stitcher.] - Matt Murphy/SHNS
Four New Cases of West Nile Diagnosed
The number of human cases of West Nile virus in Massachusetts this season more than doubled to seven and public health officials designated Cambridge, Somerville, Watertown and Newton as being at high risk for the mosquito-borne disease. The Department of Public Health said three men -- one in his 40s, one in his 60s, and one in his 80s -- were exposed to West Nile virus in Middlesex County. The fourth new case was diagnosed in a female under the age of 19. DPH said she was exposed in Bristol County. DPH said the Boston area has seen the bulk of the state's West Nile virus activity this year, and on Thursday moved Cambridge, Newton, Somerville and Watertown into the high risk category. Concord, Lexington, Lincoln, Sudbury, Waltham, Wayland, Weston and Winchester were elevated to the moderate risk category. In Bristol County, Dighton, Fall River and Swansea were also moved into the moderate risk category. In July, Gov. Charlie Baker signed a law that gives the State Reclamation and Mosquito Control Board new powers to fight mosquito-borne illnesses like EEE and West Nile virus when DPH determines there is an elevated risk. With Thursday's announcement that the number of human cases of West Nile virus was up to seven, Massachusetts surpassed its number of cases for 2019. There were five human cases reported last year, DPH said. Officials said people across Massachusetts should use mosquito repellents with an EPA-registered active ingredient, wear long sleeves and long pants when outdoors to reduce exposed skin, and stay aware of mosquito activity in the community. - Colin A. Young/SHNS
Health Providers Revive Debate Over Tenants' Right To Counsel
Dozens of medical experts and organizations, including some of the largest names in the state's health care landscape, urged Beacon Hill power players to revive a stalled proposal that would ensure tenants facing eviction have legal representation. In a letter to Gov. Charlie Baker and legislative leaders, authors representing a range of hospitals and public health organizations threw their support behind establishing a $6 million emergency pilot program that would provide counsel to low-income tenants and homeowners during eviction proceedings. They argued that keeping residents safely housed during the COVID-19 is a vital public health strategy, pointing to higher rates of behavioral and mental health problems, less access to health care, and dangerous childhood health effects among people experiencing homelessness. "For vulnerable tenants who face court evictions, having a lawyer to translate what is happening, to interpret complicated laws and procedures, to file legal pleadings that help them tell their side of the case, to stay on top of fast moving deadlines, and to defend them in court makes a difference," authors wrote in their Sept. 2 letter. "In New York City, 84% of the tenants who receive an attorney under their right to counsel law stay housed." Organizations who supported the letter include Boston Medical Center, Mass General Brigham, Boston Health Care for the Homeless Program, the Metropolitan Area Planning Council, the Massachusetts Public Health Association and the Massachusetts Association of Community Health Workers. Citing data from a City Life / Vida Urbana study, the groups warned that fewer than one in 10 Massachusetts tenants have legal counsel during eviction proceedings, compared to 78 percent of landlords -- an "unfair mismatch" for which authors warned "the consequences can be devastating." Legislative efforts to implement a so-called "right to counsel" in eviction cases have been unsuccessful. Bills filed at the start of the 2019-2020 lawmaking session -- well before the pandemic hit -- died in committee. During debate on an economic development bill in July, Cambridge Rep. David Rogers filed an amendment on the topic but withdrew it without seeking a vote. - Chris Lisinski/SHNS
CCC Hiring for New Eyes and Ears on Beacon Hill
The Cannabis Control Commission will soon have a new liaison to policymakers on Beacon Hill and local leaders in communities around the state. Commissioners on Thursday approved the job description for a new director of government affairs and policy, and it's a slightly different role than the one former government affairs director David Lakemen recently left to return to his home state of Illinois. The new job will involve more policy work, officials said. "With this vacancy, we've examined the role and decided that this does present us an opportunity to expand the scope of the role as well as bring in an expertise," CCC Executive Director Shawn Collins said. "As we work through the regulatory process, [we] realized that it would be important to have a point person on a number of policy initiatives and someone that can lead those discussions along with commissioners and serve as a helping hand in addition to serving as our liaison to all levels of government be it local, state or federal." The CCC is in the final days of wrapping up its third major round of rule-making since its inception three years ago and is preparing to begin overseeing new aspects of the relatively young legal industry. The agency will soon begin licensing delivery-only businesses, plans to change aspects of the medical marijuana caregiver system, is working to establish a structure for social consumption locations, and has been busy with its first-in-the-nation social equity program. Collins said the CCC will post the job internally before opening it up to the broader public. He said the CCC hopes to move fairly quickly to hire a new government affairs director. Thursday's CCC meeting featured a packed agenda for marijuana regulators. "We've got a large number of licensing actions to take, including three changes of ownership, six changes of location, 11 final licenses, 65 renewals, 55 provisionals and a couple of responsible vendor training applications," CCC Chairman Steven Hoffman said at the start of the meeting. "I will note that we have a very large number of renewals versus our historical pattern and that's due to the fact that, as you all recall, when the governor through his executive order in the spring caused the shutdown of the adult-use industry we extended the time-frame for those licenses to reflect the fact that they were unable to operate for several months. And that's now catching up to us, which is why we have the large number of renewals." - Colin A. Young/SHNS
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9/10/2020