August  24, 2010 (FRESNO) - Fresno Superior Court Judge Jeff Hamilton issued a writ directing Fresno County to stop denying health coverage in its Medically Indigent Services Program (MISP) to low-income people who can't afford the cost of their medical care. MISP is the County's health coverage program for poor residents who aren't eligible for health coverage through the state's Medi-Cal program or through an employer. In February, the Fresno County Board of Supervisors voted to limit eligibility for MISP for County residents who earned more than 198% of the Federal Poverty Guidelines ($1788 for an individual).

In his decision Judge Hamilton ruled that the County's eligibility cap was unlawful. He noted that, when it adopted the cap, the Fresno County Board of Supervisors had evidence before it that indicated that some Fresno residents, despite earning incomes above the cap, would not be able to afford the full cost of the medical care they need.

Petitioner David Piercy, is a Clovis man who sued the County when he was denied help to pay for epilepsy drugs because his monthly income was $24 above the county's cut-off. Piercy noted that the monthly cost of his drugs was more than his income. "There was no way I could afford the care I needed on my income," he explained, "but the County wasn't willing to look at my situation and help me." Piercy now has Medi-Cal, but hopes that his victory against the County will help others in similar situations, "the County is there to be a safety net for us when we have nowhere else to turn. Now the County can't turn away people who are really sick without looking at whether they can actually afford the cost of the medical care they need."

Central California Legal Services and the Western Center on Law & Poverty filed the lawsuit on Piercy's behalf in September 2008, challenging MISP eligibility limits that were then set at 56% of the Federal Poverty Guidelines. In February, the Fresno County Board of Supervisors raised eligibility levels significantly, but retained an upper cap on care.

Judge Hamilton ordered the County to revise its eligibility policies to make sure that the policies don't exclude people based solely on their income. The County must devise a more flexible policy that takes account of the cost of applicants' medical care and the resources available to them.

"If someone has cancer that requires thousands of dollars each month in treatment, no insurance plan is going to provide coverage. Even if that person makes $2000 a month, there's no way he can pay out-of-pocket. This ruling ensures that the County will take these factors into account. We look forward to working with the County to implement this decision so that Fresno residents can get care when they most need it, so that the County truly serves as a last-resort provider for those who have nowhere else to turn," states CCLS Attorney Yolonda Reeves.

Western Center on Law & Poverty attorney Abbi Coursolle noted that Judge Hamilton's decision could help over 150,000 Fresno residents. She stated, "we hope that no residents ever have to turn to the County for help; but if they do, this ruling will ensure that they don't have to incur enormous debts or face bankruptcy just because they got the care that they needed."

CCLS Exectutive Director, Chris Schneider stated: "This represents a great victory for low-income residents of Fresno County.  CCLS is pleased to have had the opportunity to represent  Mr. Piercy and to have co-counsel this case with Western Center on Law and Poverty.  Western Center bring a great deal of expertise to the table."

The Western Center on Law and Poverty is an independent nonprofit law firm founded in 1967 as a joint legal clinic of the law schools of USC, UCLA and Loyola. The organization brings about system-wide change on behalf of low-income individuals and families through pivotal impact litigation; hard hitting advocacy; negotiations with state and local government; and support for local legal aid programs.

See FRESNO BEE article.

You can make a difference to improve access to justice for individuals in our community by joining CCLS as we honor our Champions of Justice at an evening reception and present our Ronald M. George Equal Justice Award. At the same time, we will unite with others in the National Pro Bono Celebration; the reception is held during Celebrate Pro Bono Week October 24 - 30, 2010. The reception scheduled for Thursday, October 28, 2010 takes place at The Grand 1401 on 10 (downtown Fresno) 1401 Fulton Street,  10^th floor from 5:00 p.m. - 8:00 pm.

Several years ago, the CCLS Board of Director's established the "Ronald M. George Equal Justice Award" along with the Champions of Justice awards to recognize individuals whose dedicated work provide support and assistance to low-income populations. Nationwide, Celebrate Pro Bono festivities encourage support of local efforts that expand the delivery of pro bono legal services, and showcase the great difference that pro bono lawyers make to our system of justice and to the clients they serve.

This event presents a tremendous opportunity to celebrate our efforts with our many supporters and community partners. Tickets are priced at $30 per person or you may purchase a table of eight (8). We encourage you to become an event SPONSOR or ADVERTISE in our program booklet.

CCLS is accepting NOMINATIONS for the Champions of Justice Awards in any of the following categories: Judiciary, Law Firm/Attorney, Business, Volunteer, Other Special Project or Organization. Please submit your nominations no later than Thursday, September 9, 2010 to Ms. Luisa Medina at (559) 570-1242 or email luisa@centralcallegal.org.

We would like to thank the following who are committed to the sponsorship of this event:

The Grand 1401

Pacific Gas and Electric Company

On June 24, 2010, the State Bar of California, Central California Legal Services, Inc., (CCLS), and the Housing and Urban Development (HUD- Local Fresno Office) presented the Fresno Foreclosure Forum at the Piccadilly Inn (Airport location) in Fresno. Attorneys, housing counselors, and public interest advocates throughout the Southern, Central, and Northern regions of California attended the Forum. The Forum marked the first time that the State Bar held an event in Fresno to educate and bring public awareness to the foreclosure crisis affecting homeowners and tenants, which has devastated the lives of many Central Valley residents. The Forum also served as an opportunity to educate and recruit volunteers to support CCLS' litigation and advocacy work in the area of foreclosure defense through its Voluntary Legal Services Program.

Executive Director Chris Schneider addressed Forum participants and informed them about the plight of CCLS clients affected by foreclosure.  He also reiterated the need for volunteer assistance to help with the sheer numbers of CCLS' clients affected by this crisis. In addition to learning how they can assist and defend individuals who face foreclosure, participants also heard from State Bar Board Governor (District 5) Lowell Carruth, Fresno County Bar Association President Melissa White, Barbara Dotta of the Fresno County District Attorney's Office, Financial Crimes Section, and Assistant United States Attorney (Eastern District of CA), Glen Dorgan about the legal resources available in the City of Fresno for homeowners and tenants affected by foreclosure.

CCLS thanks the State Bar for selecting Fresno as the venue to hold the Forum, and thanks the California Bar Foundation for underwriting the cost of the Forum. CCLS also thanks its partners, members of the event planning committee, trainers, and sponsoring organizations for assisting with presenting the Forum. Please check our website for future events.