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Board meeting travel, a large line item for a national organization, can be reduced through replacing some face-toface meetings with conference telephone calls, when the items to be discussed lend themselves to such an approach. Further cost-cutting measures regarding board travel depend on the willingness of the board members to make sacrifices, and upon the resultant impact on the board members' effectiveness (starving board members to save money on lunch is ill-advised).
Cutbacks in library expenses can usually be made, with some degree of consensus, if a list of high- and low-ticket items is circulated for suggestions on what to eliminate. You may find that some materials bought by the program are duplicated in other area libraries, but cutting these items from the budget is only recommended if the institution is very nearby or the materials are rarely needed. Otherwise, the time involved in gaining access to the information, which is also a cost to the program, outweighs the budgetary savings potential.
Corporate insurance rates should also be examined, as well as the possibility of self-insuring for some coverages. Self-insuring for malpractice is not worth the risk, however. Despite the fact that malpractice insurance rates are currently skyrocketing, the program could be more vulnerable than ever to lawsuits due to layoffs and attrition and the resultant loss of experienced personnel.
In addition to putting insurance and travel business out for bid, other types of expenses may lend themselves to this process. For example, expenses like those for the annual audit, payroll processing, printing, or legal consultants come to mind very quickly. This pro ss has the potential for cost savings, but the time and effort involved in putting such services out for bid
will limit the frequency with which this can be done.
Another general recommendation is that any fiscal manager should make it a practice to ask vendors for a break at every opportunity. This takes a certain amount of courage and a certain thickness of skin, but it is an approach that pays off more often than not. I have often found people in billing departments delighted to help to reduce invoices if given half a chance. When asked if they have flexibility, and when I have made it clear that I am asking on behalf of a struggling nonprofit agency, they have often surprised me with their warmth and willingness to negotiate. It is true that most of these adjustments are not for material amounts, but practice can pay off when asking for a larger reduction.
While it is the duty of the fiscal manager to be constantly on the lookout for and engaged in achieving cost savings in times of financial insecurity, it is essential to get the entire staff involved in this never-ending thinking and reexamination process. It is important to encourage staff members to come up with new ideas for cost savings, despite the fact that it is the nature of brainstorming to risk producing ideas ranging from the illegal to the merely devisive, and despite the stress to the fiscal manager of no longer having control of this particular "turf." These stresses will, in the end, be outweighed by those few creative ideas generated in the process, and by the greater willingness of the rest of the staff to adapt to changes as they become necessary.
Directory of Support Centers in California
The Clearinghouse has printed and distributed a guide to support services available to attorneys and legal workers representing poor clients in California. The Directory is a project of the Support Center Committee of the Legal Assistance Association of California to encourage use of the 17 legal services support centers receiving funds from the California Trust Fund Program.
The Directory has been sent to each individual Clearinghouse Review subscriber in California, and each legal services office has been sent a number of directories equal to the number of the copies of the Review currently addressed to the office. An additional number were sent to those on the Committee's mailing list. The Clearinghouse is not making this directory generally available because it was intended for use in California. A very limited number of copies are available as follows:
(1) California lawyers and legal workers who were not part of the original distribution may request a free
(2) Groups, such as state bar associations in other states that may be interested in undertaking a similar
If you have a need for the Directory, please send a written request to:
Michael Leonard, Executive Director
National Clearinghouse for Legal Services
407 S. Dearborn, Suite 400
Chicago, IL 60605
Immigration Reform and Control Act. Full text of 21 articles from the Congressional Quarterly or the National Law Journal that discuss the Immigration Reform and Control Act of 1986. (87-3-10)
Immigration Control and Legalization Amendments Act. References to 54 congressional "working papers" that discuss the Immigration Control and Legalization Amendments Act. (87-3-11)
References to 12 items in the Congressional Record that discuss the Immigration Control and Legalization Amendments Act. (87-3-12)
Immigration Marriage Fraud Act. References to 7 items in the Congressional Record that discuss the Immigration Marriage Fraud Act. (87-3-13)
Life-Care Centers. References to 2 health care planning and administration articles and 27 magazine articles that discuss life-care centers. (86-8-63)
Welfare Reform. Full text of 6 articles from the Congressional Quarterly or the National Law Journal that deal with welfare reform. (87-3-14)
AID TO FAMILIES WITH DEPENDENT CHILDREN Community Work Experience Program/Sanctions. Citations to 4 federal court cases and 4 state court cases that cite to either 45 C.FR. § 238.22 or § 224.51. (87-3-18)
Work Incentive Program/Sanctions. Citations to 17 federal court cases that discuss WIN sanctions. (87-3-19)
Public Housing/Income Reporting. Citations to 9 state court cases and 1 ALR annotation that discuss public or subsidized housing and a failure to report income. (87-3-20)
Organ Transplants. Citations to 5 federal court cases and 5 state court cases that discuss Medicaid and organ transplants. (87-3-16)
Scope of Services. Citations to 27 federal court cases and 15 state court cases that cite to either 42 U.S.C. § 1396d(a) or 42 C.FR. § 440.230. (87-3-15)
Termination of Services/Good Cause. Citations to 2 federal court cases that cite to 42 C.FR. § 442.12 and discuss good cause. (87-3-17)
Life-Care Centers/Contracts. Citations to 8 federal court cases, 62 state court cases, and 16 ALR annotations that discuss life-care center contracts. (86-9-8)
Retirement Communities. Full text of 3 state attorney general opinion letters that discuss life-care centers or retirement communities. (86-8-61)
SOCIAL SECURITY PROGRAMS
Applications/Misinformation by SSA Employee. Citations to 8 federal court cases that discuss applications and misinformation by SSA staff. (87-3-21)
Editor's Note: The Clearinghouse summary of federal register highlights is not intended to give notice to readers of comment periods but rather to note important final rules. Publication time does not permit us to give sufficient notice of comment periods except where the period is unusually long. Readers are advised to consult the newsletters of the various LSC back-up centers for more up-to-date information.
Equal Access to Justice Act. The Occupational Safety and Health Review Commission has established rules of procedure implementing the Equal Access to Justice Act. To reflect recent changes in the Act, the Commission now amends its rules (1) to raise net worth ceilings for eligible parties to $2 million for individuals and $7 million for partnerships, corporations, and other entities; (2) to make units of local government eligible for fee awards; (3) to define specifically that the position of the government that has to be substantially justified must include the underlying governmental action or failure to act that the proceeding is based on, as well as the government's position in litigation; and (4) to restrict generally the government in its ability to introduce during the fee proceeding additional evidence of substantial justification. This final rule amending 29 C.FR. Part 2204 was effective February 23, 1987. 52 Fed. Reg. 5455 (Feb. 23, 1987).
CIVIL PROCEDURE/ADMINISTRATIVE LAW
Guide to Record Retention Requirements in the C.F.R. The Office of the Federal Register publishes the supplement to the Guide to Record Retention Requirements in the C.FR., which revises as of January 1, 1987, the edition of the Guide published in 1986. The Guide to Record Retention is a guide in digest form to the provisions of federal regulations relating to the keeping of records by the public. It provides information on (1) what records must be kept, (2) who must keep them, (3) how long they must be kept, and (4) where the full provisions can be found in the C.FR. 52 Fed. Reg. 6102 (Feb. 27, 1987).
Consumer Price Index for Urban Consumers. The Secretary of Labor certifies that the United States city average all items consumer price index for all urban consumers increased 122.3 percent from its 1974 annual average of 147.7 to its 1986 annual average of 328.4. 52 Fed. Reg. 4672 (Feb. 13, 1987).
organizations in mobilizing local, state, federal,
and private sector financial and volunteer resources to address the problem of illiteracy throughout the United States. These guidelines were to take effect on April 13, 1987. 52 Fed. Reg. 6028 (Feb. 27, 1987).
Mailing of Solicitations. The Postal Service
CRIMINAL LAW AND PROCEDURE
Prosecutor Management Information Systems. The Bureau of Justice Statistics has published four major reports based on data from prosecutor management information systems. These reports are entitled "A Cross-City Comparison of Felony Case Processing," "The Prosecution of Felony Arrests, 1979," "The Prosecution of Felony Arrests, 1980," and "The Prosecution of Felony Arrests, 1981." Local prosecutors maintain these systems to track arrests from presentation through final court disposition and sentencing. Proposals for research funds to continue the collection and analysis of automated information files must be submitted by May 20, 1987. 52 Fed. Reg. 5205 (Feb. 19, 1987).
University Center Program. The Economic Development Administration announces policy changes it intends to institute for basic university center grant awards authorized under section 301(a) of the Public Works and Economic Development Act of 1965, as amended. Basic university center grants are used as seed money to help selected colleges and universities mobilize their own and other resources to assist in the economic development of distressed areas. The changes would go into effect in FY 1988 if Congress makes funds available for the University Center Program beyond FY 1987. 52 Fed. Reg. 4370 (Feb. 11, 1987).
VISTA Literacy Corps. ACTION sets forth the guidelines under which the new VISTA Literacy Corps will operate. The purpose of the VISTA Literacy Corps is to use VISTA volunteers to assist both public and private nonprofit
Targeted Jobs Tax Credit Program. The Targeted Jobs Tax Credit Program was reinstated under the Tax Reform Act of 1986. This notice provides answers to questions regarding the operation of the program to assist state employment security agencies and other participants in the program. 52 Fed. Reg. 4200 (Feb. 10, 1987).
Job Training Partnership and Wagner-Peyser Acts. The Employment and Training Administration announces state Job Training Partnership Act (JTPA) allotments for JTPA Titles II-A and III for Program Year (PY) 1987 (July 1, 1987, through June 30, 1988), and for the summer youth program for JTPA Title II-B for calendar year 1987, and preliminary planning estimates for public employment service activities under the Wagner-Peyser Act for PY 1987. The WagnerPeyser Act, 29 U.S.C. §§ 49-491-1, established a national system of state employment offices and created the United States Employment Service, which coordinates state employment offices and maintains an interstate clearance system that matches workers in one state with jobs in other states. 52 Fed. Reg. 4674 (Feb. 13, 1987).
Role of the Employment Service. The Employment and Training Administration (ETA) is publishing a summary of the public comments received at four public hearings on the purpose and role of the Employment Service, and of written comments received. The comments deal with five key issues identified by the ETA: (1) whether the labor market of the future requires a public labor exchange; (2) the public labor exchange services that would be most effective in addressing the future needs of the labor market; (3) the groups in the work force that should receive public labor exchange services or whether the work force as a whole should
receive such services; (4) the roles that should be played by the federal, state, and local governments and the private sector in the administration of public labor exchange activities; and (5) the nature of the relationship between the public labor exchange system, the unemployment insurance system, the Job Training Partnership Act system, and other state economic development and human resource programs. 52 Fed. Reg. 5244 (Feb. 19, 1987).
Asbestos Abatement Worker Protection. In accordance with section 6(a) of the Toxic Substances Control Act, EPA is replacing its asbestos abatement worker protection rule published at 51 Fed. Reg. 15722 (Apr. 25, 1986). By incorporating in the EPA rule the new asbestos workplace standard issued by OSHA at 51 Fed. Reg. 22612 (June 20, 1986), EPA is extending additional protections to state and local government employees covered by the former rule who engaged in abating the hazards of asbestos in public buildings. EPA's worker protection rule of April 1986 had extended protection to employees in states that neither have worker protection plans approved by OSHA nor asbestos abatement regulations that EPA decided were comparable to or more stringent than EPA's worker protection rule. This final rule amending 40 C.FR. Part 763 was effective March 27, 1987. 52 Fed. Reg. 5618 (Feb. 25, 1987).
Designation of Hazardous Substances. The Research and Special Programs Administration of the Department of Transportation is correcting the errors that appear in the final rule published at 51 Fed. Reg. 42174 (Nov. 21, 1986). That final rule incorporated into the hazardous materials regulations, as hazardous materials, all substances designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The intended effect of this final rule is to enable carriers of hazardous materials to identify specifically CERCLA hazardous substances and to make the required notification if a discharge occurs. The effective date of that final rule is July 1, 1987. 52 Fed. Reg. 4824 (Feb. 17, 1987).
Hazardous Waste Sites. EPA is publishing an announcement that concerns the availability of documents and data generated from the investigation of uncontrolled hazardous or potentially hazardous waste sites. The documents and information addressed by this notice may include the identity, quantity, physical state, concentration, and containment of toxic substances at a site, and their potential effect on ground water, surface water, drinking water, the food chain, soil, and air in the vicinity of a site. This information is generally available in documents called preliminary assessments and site inspection reports that are made public as soon as they
are completed. 52 Fed. Reg. 5578 (Feb. 25, 1987).
Food Stamp Program. In accordance with section 504(e) of the Human Services Reauthorization Act of 1986, the Food and Nutrition Service treats Low-Income Home Energy Assistance Act (LIHEAP) payments consistently in the Food Stamp Program's calculation of an excess shelter expense deduction regardless of how the LIHEAP payment is distributed to the household. This final rule amends current regulations (1) to allow energy expenses covered by LIHEAP payments made to the energy supplier on behalf of the household (i.e. indirect payments) as deductible shelter expenses; (2) to consider all households receiving payments under LIHEAP eligible to claim a standard utility allowance for use in the computation of the excess shelter expense deduction; and (3) to eliminate the state agency's option to use a separate standard utility allowance for those households that receive an indirect LIHEAP payment. The provisions in this rulemaking are effective retroactive to October 1, 1986. 52 Fed. Reg. 5434 (Feb. 23, 1987).
Child Care Food Program. The Food and Nutrition Service amends the Child Care Food Program regulations to permit state agencies to refuse to grant appeals of actions taken as a result of findings made by federal audits. The rule further stipulates that, if state agencies do not offer participating public and nonprofit private institutions an appeal at the state level in these instances, appeals will be afforded by the Department of Agriculture. This final rule eases the burden on state agencies that also are prohibited from disregarding overpayments or waiving collection actions against institutions arising from the findings of federal audits. This final rule amending 7 C.FR. Part 226 was effective February 26, 1987. 52 Fed. Reg. 5525 (Feb. 25, 1987).
National School Lunch Program. The Food and Nutrition Service (FNS) amends its regulations at 7 C.FR. Part 210 governing the National School Lunch Program to require that each state agency annually report the results of the assessment, improvement, and monitoring system reviews/audits to the FNS. The purpose of this final rule, which was to be effective on March 30, 1987, is to improve accountability in the program by collecting consistent national information on program status. 52 Fed. Reg. 5735 (Feb. 26, 1987).
GOVERNMENT AND GOVERNMENTAL SERVICES
Interest Earned on Federal Advances. The Office of Management and Budget revises OMB
Circular A-110, "Uniform Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." OMB recognizes that all federal cash will not always be disbursed immediately upon receipt. Therefore, the revision states that, when cash is available, the recipient should deposit it in interest-bearing accounts. Interest earned on federal advances deposited in such accounts shall be remitted promptly to the federal agencies that provided the funds. These revisions to Circular A-110 are effective immediately. 52 Fed. Reg. 4240 (Feb. 10, 1987).
Cumulative Report on Rescissions and Deferrals. The Director of the Office of Management and Budget submits to the Congress this report that gives the status as of February 1, 1987, of 56 deferrals contained in the four special messages of FY 1987. These messages were transmitted to the Congress on September 26, and December 15, 1986, and January 5 and 28, 1987. 52 Fed. Reg. 4718 (Feb. 13, 1987).
Centers for Independent Living. Applications for grants for the support of centers for independent living must be submitted by June 1, 1987, for local public agencies or private nonprofit organizations. The Secretary of Education especially urges that FY 1987 applications be submitted for new projects that respond to one or both of the following invitational priorities: (1) to provide services that assist individuals with severe handicaps to make the transition from school or institutions to work and community living; and (2) to serve a broad range of disability groups. 52 Fed. Reg. 4647 (Feb. 13, 1987).
System of Records. The Health Care Financing Administration is proposing to initiate a system of records that establish under what conditions Medicare information shall be made available to the public, as well as Freedom of Information Act rules that apply to such disclosure of information. The comment deadline on routine uses of the system was March 20, 1987. The system of records, including routine uses, was to become effective April 13, 1987. 52 Fed. Reg. 4971 (Feb. 18, 1987).
Liability of Third Parties Under Medicaid. The Health Care Financing Administration revises regulations governing a state Medicaid agency's responsibility to take reasonable measures to determine the legal liability of third parties to pay for services under the plan. The final regulations require that, at a minimum, the agency (1) obtain certain health insurance information for Medicaid applicants or recipients during the initial application and redetermina
tion processes; (2) conduct certain types of data exchanges with specific state and federal agencies to identify legally liable third parties; (3) conduct diagnosis and trauma code edits to identify third-party resources; and (4) follow other specified procedures regarding frequency of conducting such activities, follow-up, safeguarding information obtained and exchanged, and reporting and reimbursement requirements. Liable third parties may include commercial insurance companies and individuals who either have voluntarily accepted or have been assigned legal responsibility for the health care of one or more Medicaid recipients. This final rule amending 42 C.FR. Parts 431, 433, and 435 will be effective May 28, 1987. 52 Fed. Reg. 5967 (Feb. 27, 1987).
Refinancing Single-Family Mortgages. HUD revises its regulation concerning the insurance of mortgages given to refinance existing FHAinsured single-family mortgages. It also extends the authority to insure refinancing mortgages to FHA-insured mortgages covering units in condominium projects. In essence, the rule extends the maximum term allowable on the refinancing mortgage from the unexpired term of the existing FHA-insured mortgage to the unexpired term plus 12 years, but not exceeding 30 years. This interim rule amending 24 C.FR. Parts 203 and 234 was to be effective March 23, 1987. 52 Fed. Reg. 4138 (Feb. 10, 1987).
Cost-Containment Policies for Indian and Pub
lic Housing. With the repeal of section 6(b) of
Mobile Home Construction and Safety Stan-
Mortgage Insurance. To reflect regional differences in the cost of housing, the National Housing Act permits HUD to increase the maximum mortgage limits under most programs for insuring mortgages for single-family residences, condominiums, manufactured homes, manufactured home lots, and combination manufactured homes and lots. Mortgage limits are adjusted in cities or counties when the Secretary of HUD determines that middle- and moderate-income persons have limited housing opportunities because of high prevailing housing sales prices. This notice amends the listing of areas eligible for "high-cost" mortgage limits by adding the limits of three, newly designated, high-cost areas to the list and increasing the limits for five high-cost areas. This notice amending 24 C.FR. Parts 201, 203, and 234 was effective February 12, 1987. 52 Fed. Reg. 4493 (Feb. 12, 1987).
Intergovernmental Review Process. HUD is publishing a list of all of its programs by catalog of federal domestic assistance number and indicating whether or not the program is subject to the intergovernmental review process under 24 C.FR. Part 52. This notice also indicates, for certain programs, the specific activities that are subject to the intergovernmental review process. This notice was effective February 13, 1987. 52 Fed. Reg. 4754 (Feb. 13, 1987)..
Lead-Based Paint Hazard Elimination. HUD amends its regulations regarding the elimination of hazards due to lead-based paint in the Com
Disability Practice Manual
Legal Counsel for the Elderly has published a 1986-1987 Supplement to the 1985 Disability Practice Manual for social security and SSI programs. The manual contains chapters discussing eligibility requirements, appeals, administrative hearings, access to claims files, judicial review, and recent legislative changes in disability law, including evaluation of multiple impairments and benefits pending administrative appeal. The manual also contains more than 400 summaries of decisions of disability cases, sample forms, and federal court pleadings.
The 1986-1987 Supplement updates the manual and includes major legislative and regulatory changes, including detailed analysis of the myriad regulatory changes arising out of the recent amendments to the Social Security Act. Special attention is paid to the medical improvement standard for disability cessation. Also highlighted are face-to-face reconsiderations, sequential evaluation, mental impairments, comparison between old and revised impairment listings, pain as a disabling impairment, and attorney fees under the Equal Access to Justice Act. More than 300 recent federal court decisions are summarized by circuit. The Supplement also includes newly revised social security forms and a glossary of medical abbreviations and other tips to aid in interpreting medical records.
Both the Disability Practice Manual and the Supplement were written by Michael Schuster and are available at a discount to legal services agencies. The Disability Practice Manual is available to legal services and other nonprofit groups for $26.95, and to other groups for $31.95; the Supplement is available for $19.95 (nonprofit) and $24.95 (others). Complete sets are available for $39.95 (nonprofit) and $44.95 (others). Postage on the manuals is $2 for one manual or set, and $1 for additional manuals or sets. District of Columbia residents must add 6 percent sales tax. Discounts are available for 20 or more manuals. Send check or money order payable to Legal Counsel for the Elderly, P.O. Box 19269-K, Washington, DC 20036, (202) 662-4933.