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HomeMy WebLinkAbout1995 Aging - North State Legal Services, Inc. MOA vjr- MEMORANDUM OF AGREEMENT THIS AGREEMENT is entered into this first day of July, 1995 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, 1995 to June 30, 1996. W I T N E S S E T H : WHEREAS, OtDOA 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 49 hours 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 $35.00 per service unit hour up to a maximum of 49 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 on the date first written above. Orange unty Gov r ent North State Legal Services By By Chai r De ign t d Off 1 Chair or Desi nated Official Date ,.r Date Attachment 1 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 �`� tenant, consumer and household matters ( list is not exclusive) ; 4. representation for clients in above matters through telephone calls, letters, meetings, production of appropriate documents and litigation ( litigation is optional but encouraged) ; S . responsibility of providing information and community education on preventive legal management of personal affairs; and 6 . the establishment of contract with private bar and/or legal services to coordinate services to older persons. B. Subcontracting Services contracted to a multidisciplinary agency and then subcontracted to an attorney shall include the following: 1 . the selection of a legal service provider and execution of the contract requiring the service activities "1" through "6" as described in the direct contracting option above; v, 2 . referral of clients to a subcontractor, to a private attorney for services prohibited under contract or to a social service agency as appropriate; 3 . the monitoring of subcontracts; 4. the facilitation of community action; and S . the establishment of contact with private bar and legal services to encourage expansion of legal services to older adults on a pro bono or reduced fee basis. VI . Client Eligibility Clients eligible for services must be 60 years of age or older and live at home, at a congregate setting or at a residential health and group care facility. Eligible clients may be referred by self, family, friends, or a human service agency. VII . Service Provision A. Service Delivery Services shall be provided at the contractor' s office, in the client' s home, if necessary, at congregate settings based on a comprehensive schedule and at residential health and group care 2 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 economic or social need; 3 North Carolina Division of Aging Legal Services - Policies and Procedures Effective Date - July 1, 1992 LEGAL SERVICES ' 5 . Demonstrate the capacity to provide support to other advocacy efforts, for example, the long-term ombudsman program; and 6. If engaging in other legal activities, provides assurance that there is no conflict of interest nor other interference with their professional responsibilities . C. Prohibited Activities It is the responsibility of the provider to : 1 . Ensure that no employee and no staff attorney of the provider at any time: a. Uses official authority or influence for the purpose of interfering with or affecting the results of an election or nomination for office, whether partisan or nonpartisan; b. Directly or indirectly coerces, attempts to coerce, command or advise an employee of any provider to pay, lend, or contribute anything of value to a political party, committee, organization, agency or person for political purposes. 2 . Ensure that legal services are not provided in fee-generating cases, as defined in 45 CFR 1321 . 71(g) ( 1) , unless adequate representation is unavailable or there is an emergency requiring immediate legal action. All providers shall establish procedures for the referral of fee generating cases. 3 . Ensure that no employee and no staff attorney of the provider shall directly or indirectly engage in activities intended to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative body or State proposals by initiative petition except where: a. Representation by a provider for a client is necessary with respect to such client' s rights and responsibilities (except that no employee shall solicit a client in violation of professional responsibilities for the purpose of making such representation possible) ; or ` 4 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) . S . 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 income or resources as a condition for providing legal services under Title III . A legal service provider may, however, ask about the person' s financial circumstances as a part of the process of providing legal advice, counseling and representation, or for the purpose cf identifying additional resources and benefits for which an older adult may be eligible . 8. Cannot provide assistance in criminal matters . 9 . No conflict of interest exists in the representation of participants in public benefit cases. 10. Ensure that none of the funds made available under the Act may be used to pay dues exceeding $100 per recipient per annum to any organization (other than a bar association) , a purpose or function of which is to engage in activities prohibited under these regulations unless such dues are not used to engage in activities for which Older Americans Act funds y cannot be used directly. D. Voluntary Contributions In accordance with the requirements of the Older Americans Act, agencies must provide all individuals receiving Legal services administered by the Division of Aging with the opportunity to contribute to the cost of service. Agencies must establish written policies and procedures governing the collection of voluntary contributions (program income) . VIII . Staffing Qualifications A. Legal Services must be provided by a licensed attorney. Staffing may include, but is not limited to, a component involving advice or representation by: 1. a paralegal under the supervision of an attorney; 2 . a third year law student under the supervision of attorney; or 3 . a non-lawyer, under supervision of an attorney in administrative public benefits problem. 6 Attachment 2 Dear Service Recipient: Thank you for your recent contribution to the Orange County Department on Aging. Since we are a tax exempt agency, your gift is tax deductible should you wish to claim it. This Department serves as the central information resource fo persons 60 years and older, their families, and others who work with them. Services include Senior Centers with many activities and opportunities, Eldercare services for those with individual needs, volunteer opportunities through the Retired Senior Volunteer Program, and Transportation to medical appointments and center activities. We also make available limited Legal services, and assistance with medical claim and insurance issues through the NC Department of Insurance. Your donation will be used to provide additional services. Thank you for your support of our work. 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. Attachment 3 ui I I U- Ce De tu U- a I V)ad I LLJ CD Cd 0 1 U=. KE 0 41 C S 1 I (y C U 4-P 1 > U2 1 CL C 0 C Q) �4 uj I LLJ D S I OC I V) Cie U. W 11 ►-4 I X X )k I LL CD LLJ I O I uj Ol ui Ce X: < > Ce - I P-4 LU 0 1 UJ Lu 4 1 Z0 Cie uj I u im= I >U) I >>O I oo1- peoLL i W LLJ Cr" : Lu oc= I V) W-Q.V) I V)(L" I 0