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HomeMy WebLinkAbout1994 Aging - North State Legal Services MOA MEMORANDUM OF AGREEMENT THIS AGREEMENT is entered into this first day of July, 1994 between NORTH STATE LEGAL SERVICES, INC. (hereinafter referred to as NSLS) and ORANGE COUNTY (hereinafter referred to as OCDOA) . The period and duration of the Agreement shall be from July 1, 1994 to June 30, 1995. W I T N E S S E T H WHEREAS, OCDOA desires to engage NSLS to render certain technical and professional services hereinafter described in connection with a undertaking which is expected to be funded under Title III of the Older Americans Act: NOW THEREFORE, the parties hereto mutually agree as follows: 1. NSLS shall do, perform and carry out in a satisfactory and proper manner the various services described below. These services shall be carried out by a licensed attorney or under the supervision of a licensed attorney. (a) To provide 69 units of direct legal services to persons 60 years and older who are residents of Orange County, North Carolina. Eligibility for such services will be determined without regard to the client's income. (b) Direct services for clients will include: civil representation in court and administrative proceedings, negotiations on behalf of clients, preparation of legal documents, contracts, legal pleadings, legal counseling and/or advice, and referral of clients to appropriate social service agencies or to a private attorney for services prohibited under contract. Services will be provided to clients presenting meritorious cases in the following areas: i. Preparation of wills, powers of attorney, contracts ii. Preparation of legal pleadings iii. Food Stamps, Medicare, Medicaid and Social Security Benefits iv. Housing evictions and repair problems v. Age and handicap discrimination in employment and housing vi. Adult abuse and nursing home problems vii. Bankruptcies viii. Consumer and utility problems ix. Community education of preventive legal management of personal affairs (c) Program services will be performed in such a manner so that elderly clients will have access to such services. Eligible clients may obtain program services at the Hillsborough office of NSLS at 114 W. Corbin Street or at a community location or an individual's home in Orange County. 2. OCDOA will reimburse NSLS at a rate of $25.00 per service unit hour up to a maximum of 69 hours during the contract period. A service unit hour is defined as one case hour, whether or not the work is spent in the presence of the client. 3. NSLS will abide by the Policies and Procedures issued by the North Carolina Division of Aging and incorporated into this agreement as Attachment 1 and will agree to be monitored by OCDOA for compliance annully. 4. NSLS will advise all clients served pursuant to this agreement that they may make a contribution to the program. They will provide each client served with a copy of the Department's standard contribution letter, incorporated into this agreement as Attachment 2. 5. NSLS agrees to provide monthly statistical reports with a cover invoice requesting reimbursement to the OCDOA for submission to Triangle J COG Area Agency on Aging. The statistical report form to be used by NSLS and the completion instructions are attached hereto as Attachment 3. 6. Nothing in this Agreement shall be construed so as to conflict with the primary grant agreement Triangle J COG Area Agency on Aging and Orange County. To that end, those terms contained in the above-mentioned contract are specifically included in this Agreement and incorporated herein by reference as if fully set out. Nothing in this Agreement shall be construed so as to require NSLS or its attorneys to violate the attorney/ client relationship as governed by the Rules of Professional Conduct as enacted in the State. 7. At regular intervals, the parties to the Agreement will discuss the service provided under the Agreement to correct problems, insure compliance with Division of Aging Services standards and this contract, and make necessary adjustments. IN WITNESS THEREOF, NSLS and OCDOA have executed this agreement of the date first written above. Oran County Gov nment North tate Legal Services 464 0G� Chair or Designated Of 1 Chair or Designated Official Date Date i Attachment North Carolina DIVISION OF AGING SERVICE STANDARDS MANUAL VOLUME V Legal Effective Date: July 1, 1992 North Carolina Division of Aging Caller Box Number 29531 693 Palmer Drive Raleigh, NC 27626-0531 (919) 733-3983 North Carolina Division of Aging Legal Services - Policies and Procedures Effective Date - July 1, 1992 LEGAL SERVICES I . Statement of Philosophy and Purpose Legal Services are intended to protect and secure the rights, benefits and entitlements of older persons. II. Legal Base Older Americans Act of 1965 as Amended: 42 U. S.C. 3001; (Public Law 100-175, Sections: 306(a) (2) (C) ; 307(a) (15) ; 321(a) (6) ) 45 CFR, Section 1321 . 71 G.S. 143B-181 . 1(c) III . Target Population The target population consists of older adults with greatest economic or social need, who require legal assistance to protect their rights, benefits and entitlements. IV_ Definition of Service Legal Services provide older people with information on their legal rights, legal advice, legal benefits, entitlements, and/or appeals when referral to a human service agency or a pro bono service is inappropriate, and preventive measures such as community education. V. Description of Legal Services Legal Services shall be provided by direct contract with an attorney or legal service corporation or by services contracted to a multidisciplinary agency and then subcontracted to an attorney. A. Direct Contracting Services provided by direct contract with an attorney or legal service corporation shall include the following: 1. evaluation of the client' s need for legal services; 2 . referral of clients to a private attorney for services prohibited under contract or to a • social service agency as appropriate; 3 . assistance for clients through imparting advice in such areas as public benefits, North Carolina Division of Aging Legal Services - Policies and Procedures Effective Date - July 1, 1992 LEGAL SERVICES facilities. Individuals may be referred by self, family, friends, or human service agencies. Each client must have written case priorities and a written case file must be maintained. B. Administrative Requirements Each legal service provider that is not a Legal Services Corporation grantee must agree to coordinate its services with Legal Services Corporation grantees in order to concentrate legal services funded under this part on older adults with the greatest economic or social need who are not eligible for services under the Legal Services Corporation Act. In carrying out this requirement, legal services providers may not use a means test or require older adults to apply first for services through a Legal Services Corporation grantee. All contracts with legal services providers should state that the contract should in no way be interpreted to conflict with the Older Americans • Act of 1965, as amended, its regulations or the North Carolina Code of Professional Ethics. Providers will work with other advocacy efforts of the aging network such as the community service advisor program and the nursing and domiciliary home and community advisory committees. Funds will be awarded to the agencies that most fully meet the following criteria: 1 . Have the staff with expertise in specific areas of law affecting older persons in economic or social need (e.g. public benefits, institutionalization and alternatives to institutionalization) ; 2 . Demonstrate the capacity to provide legal services to institutionalized, isolated, and homebound older individuals effectively; 3 . Demonstrate the capacity to provide legal assistance in the principal language spoken by clients in areas where a significant number of clients do not speak English as their principal language; 4. Demonstrate the capacity to provide effective administrative and judicial representation in the areas of law affecting older persons with iseconomic or social need; 3 North Carolina Division of Aging Legal Services - Policies and Procedures Effective Date - July 1, 1992 • LEGAL SERVICES b. A governmental agency, legislative body, committee or member thereof requests the provider to testify, draft or review measures or to make representations to such agency, body, committee or member, or is considering a measure directly affecting the activities of a provider under Title III . 4. Ensure that while engaged in legal assistance activities supported under the Act, no attorney shall engage in any prohibited political activity as specified in 45 CFR 1321. 71(h) . 5 . Ensure that, while providing legal services, no employee and no staff attorney of the provider engages in or encourages others to engage in public demonstrations, picketing, boycotts or strike, except as permitted by law in connection with the employee' s own employment situation or any illegal activities as defined in 45 CFR 1321 . 71(j ) . 6. Ensure that no funds available under the Act shall be used for lobbying activities, including but not limited to any activities intended to influence any decision or activity by any nonjudicial Federal, State or local individual or body. Nothing in this standard prohibits and employee from: a. Communicating with a governmental agency for the purpose of obtaining information of an agency' s rules, regulations, etc. b. Informing a client about a new or proposed statute, executive order, or administrative regulation; C Responding to an individual' s request for advice only with respect to the client' s own communications to officials; C. Responding to the request of a public official or body for testimony, legal advice or other statements on legislation or other issues related to aging; and d. Communicate with an elected official for the sole purpose of bringing a client' s legal problem to the attention of that . official. 7. A legal service provider may not require an older person to disclose information about 5 North Carolina Division of Aging Legal Services - Policies and Procedures Effective Date - July 1, 1992 • LEGAL SERVICES IX. Reporting and Reimbursement A. Reporting Legal Services shall be reported in accordance with the number of units of service provided. A unit of service equals (1) case hour. In order to maintain client confidentiality, service providers shall assign each Legal services client with a case number in lieu of completing a Division of Aging Client Registration Form. Assigned case numbers will be reported on the Units of Service report form (DOA-ZG903) . Specific instructions for completing this form are included in Section 2, page 17 . Prior to reporting any service data, service providers must complete two additional forms for entry on the Management Information System (MIS) . These forms provide general information necessary for the MIS to accept service data for the purpose of processing reimbursement information. 1 . DOA-150- Provider Agency Information: This form is completed annually and provides the information necessary to establish the agency as a service provider on the MIS. I 2 . DOA-MIS 301-Site Route Worker Tables: This form identifies the particular sites at which the community service provider will provide services. This form is completed prior to the beginning of the fiscal year and may be updated throughout the year as necessary. B. Reimbursement Service data reported will be the basis for requesting reimbursement for Legal services. All Legal service data will be reported using a three digit service code (130) . All service data will be reported in diskette format, on a monthly basis, to the Area Agency on Aging on the Units of Service report form (DOA-ZG903) . The Area Agency on Aging will provide information regarding monthly reporting deadlines. Software containing screens for entry of data will • be provided by the Division of Aging. This software requires an IBM compatible personal computer with MS-DOS (version 2 .0 or better) and 7 North Carolina Division of Aging Legal Services - Policies and Procedures Effective Date - July 1, 1992 • LEGAL SERVICES D. Quarterly Allotment of Funds The Division of Aging does not have access to an annual amount of budgeted funds at any given time during the year. Normally, funds from various sources are made available to the Division of a quarterly basis. With this restriction in mind, the Division of Aging must regulate the disbursement of funds on a quarterly basis in order to insure that its available flow of funds is not over extended. Therefore, the Division of Aging must make funds to the Area Agency on Aging and the service provider available on a quarterly basis. The combination of interim payments and actual expenditures reimbursed from Division of Aging funds must be restricted to one-fourth of the annual budgeted funds each quarter for each service provider and Area Agency on Aging. Eligible expenditures reported for reimbursement exceeding the quarter' s allotment of funds will be carried over to the following quarter for reimbursement. i i 9 Attachment 2 • Dear Service Recipient: The Orange County Department on Aging is pleased to have provided you a service. The Department is a part of Orange County Government. Its purpose is to provide information, services and programs to improve the quality of life for persons 60 and older. Services offered through the Department on Aging include the following: Senior Center Activities Transportation Care Management Senior Tarheel Card Distribution Volunteer Opportunities • Information and Referral There are no fees charged for any of these services. However, donations are welcomed and the money received is used to help serve others. Donations can be mailed to: Orange County Department on Aging P O Box 8181 Hillsborough, NC 27278 If we can be of assistance, please contact us. Thank you. Sincerely, Jerry M. Passmore Department Director • Attachment 3 MONTHLY STATISTICAL REPORT INSTRUCTIONS Monthly statistical reports are required by the Division of Aging to document all Title III-funded services. For most services, providers are required to submit the name and social security number of each -recipient. However, due to lawyer/client confidentiality, that requirement is waived for the provision of legal services. In completing the form provided the legal service provider should assign each case an anonymous code, not to exceed nine digits or characters. This code should be listed in the social security number column of the report form. The number of units of service should be recorded on the day provided. Units are to be totaled per person and per day. Reimbursement will be made based on the total units of service recorded for the month. The form must be signed and dated. Please submit the original form to the Department on Aging no later than the third working day of the following month. I I. .. '�:i "4 e S 1C903 1,CGA1, 51:12VIC1;1; FOR TIrE Fifl1T!OF , 19__ REGION J PROVIDER North State I,eual Services SITE/ROUTE Orange County I HAVE VERIFIED THE INFORMATION ON THIS REPORT, SIGNATURE TITLE DATE SERVICE x REO PROV CO SITE/ MO/YR PROVIDER x ROUTE INFORMATION x J 470 060 Orange CLIEHI CIA E SE'V _ CALENDAR DAYS OF MONTN loTir LAST FIRST H SOC SEC NUM I I I UNITS 130 • 130 130 130 130 130 130 130 130 130 130 130 ', 130 , • a 130 `; a 130 m _I_ _l_I_ _ I __I_I_ 130 _ _ _ _ 0 0 • u TOTAL 1 ( I I ( (-1 I I + 1 t