N.C. Medicaid Redetermination Begins as the end of COVID-19 Public Health Emergency Draws Near

Charlotte Center for Legal Advocacy shares rights and recourse for beneficiaries

Charlotte, N.C. – Charlotte Center for Legal Advocacy has received calls and inquiries from clients who are concerned about Medicaid redetermination, a process the Department of Social Services (DSS) started earlier this month to verify those who receive Medicaid are still eligible.

Beneficiaries will be contacted by DSS through May 31, 2024, to determine eligibility; those who are no longer eligible will have their Medicaid coverage reduced or terminated. Medicaid redetermination dovetails with the end of pandemic-related relief in advance of the May 11, 2023, expiration of the federal COVID-19 public health emergency. More information is available on the Advocacy Center’s website.

“Since March 2020, Medicaid beneficiaries have had the peace of mind knowing that they would not lose health coverage in the midst of the pandemic,” explained Toussaint Romain, chief executive officer of the Charlotte Center for Legal Advocacy. “While we understand pandemic aid cannot last forever, challenges related to COVID-19 are still very present and real for those struggling to keep employment, health coverage and food on the table.”

Charlotte Center for Legal Advocacy urges clients to:

  1. Contact their local DSS office to ensure contact information is up to date.
  2. Watch for mail, texts or phone calls from DSS and respond promptly.
  3. Create an enhanced e-PASS account to update information, upload documents and view benefits.

● Reach DSS by phone, including the right to leave a message instead of remaining on hold, and to have a call returned within a reasonable time.
● Request and receive help from DSS to obtain the information needed to redetermine eligibility.
● Have DSS accept a detailed statement about income, assets and most other facts needed to verify eligibility, in writing or verbally, without providing supporting documents.
● Not to be asked to verify information that DSS can obtain through electronic sources or to verify information that is not needed to redetermine eligibility.
● Have Medicaid eligibility considered under all categories, including an alleged disability, before Medicaid can be terminated or reduced.
● Receive written notice that states what action has been taken and the reason it has been taken before Medicaid is stopped or reduced.

Thanks to a lawsuit filed by Charlotte Center for Legal Advocacy and the National Health Law Program, Medicaid beneficiaries are entitled to specific protections and rights during the redetermination process. These rights were defined as the result of a settlement reached on October 14, 2022, in Franklin v. Kinsley, (formerly known as Hawkins v. Cohen), which requires North Carolina Medicaid to change its procedures, forms and notices in redetermining Medicaid eligibility for the 2.8 million North Carolinians currently enrolled in Medicaid. Where Medicaid redetermination is concerned, beneficiaries have the right to:

If their Medicaid is terminated, Charlotte Center for Legal Advocacy urges clients to:

● File an appeal during which beneficiaries:
○ Will have 60 days from the date of the notice to ask for an appeal.
○ Can request Medicaid benefits be continued while the appeal is reviewed, if the appeal is filed within 10 business days
● Investigate whether they are eligible for a Special Enrollment Period (SEP) for Medicare or Health Insurance MarketplaceⓇ coverage
● Call Charlotte Center for Legal Advocacy if they feel their coverage was wrongfully reduced or terminated (call 704-376-1600 and press 2).

About Charlotte Center for Legal Advocacy

Charlotte Center for Legal Advocacy provides those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security, and stability. Learn more: charlottelegaladvocacy.org

One man’s journey to save his family from the Taliban

When the government of Afghanistan fell in August 2021, Americans watched with disbelief at how quickly the country would slip into Taliban rule. News footage showed swarms of American and Afghans citizens at the Kabul airport hoping to get a flight anywhere away from their crumbled democracy. We asked ourselves, how could there have been no evacuation plan? 

Bahroz and young Afghan children, Jalalabad, 2009

For one American, Bahroz Mohmand, a plan to get his family out of Afghanistan was two years in the making. He successfully secured safe passage for his parents, some of his siblings and their children to legally enter the United States. One year later, his family is learning English and trying to build a life in Charlotte, N.C. Now they are safe but what is next for them? 

“I was an interpreter in Afghanistan working with American troops for years,” says Bahroz. “If my family goes back, they will be tortured and killed.”

Though his family did not directly help the American military, his service as an interpreter put a target on their backs. While interpreters like Bahroz have a path to citizenship, their family members do not. 

Bahroz’s Journey

Bahroz was 17 and had just finished high school in his native Afghanistan when he took a job as a translator helping Afghan military forces communicate with Americans there to train them. With the permission of his parents, he used the English he knew to help in the effort to build an independent Afghan government and a military force to protect its citizens and their rights, most importantly from the Taliban. On many occasions, he risked his life to do so.

Bahroz and US military partners, Laghman Province, 2008

“When the U.S. Army came to Afghanistan in 2001, there was nothing,” says Bahroz. “They started everything from scratch: screening soldiers, translating materials from their handbook, teaching. We became cultural advisors, just trying to get rid of confusion.”

On April 6, 2008, Bahroz was part of a group of American Special Forces soldiers and 100 Afghan commandos that were dropped off by helicopter into the desolate Shok Valley. They were ambushed by 200 well-trained and well-armed terrorists. Two people were killed, including an Afghan translator, who was Bahroz’ childhood friend. Bahroz helped get his wounded American teammates to safety. This bloody and harrowing battle would earn Staff Sergeant Ronald Shurer and Master Sergeant Matthew Williams Medals of Honor for their bravery.

On Dec. 5, 2012, Bahroz emigrated to the United States. Though he did not serve in the U.S. military, he was given a path to citizenship. On October 1, 2018, he was invited to the White House for the Medal of Honor ceremony honoring Sgt. Shurer, where Bahroz was individually recognized by the President of the United States. Bahroz’s once quiet employment as a translator became international news and increased scrutiny on his family.

President Donald J. Trump and Vice President Mike Pence participate in a Medal of Honor ceremony for retired U.S. Army Staff Sgt. Ronald J. Shurer II Monday, Oct. 1, 2018, in the East Room of the White House. (Official White House Photo by Amy Rossetti), Bahroz was recognized at the ceremony for his contributions.

“The Taliban were slaughtering the families of people who worked for the Americans, calling us infidels,” Bahroz said. “I didn’t want to see my nieces forced to marry into the Taliban or my nephews get kidnapped. I couldn’t live with the guilt.”

Bahroz’s Efforts to Save His Family

Tahira, Bahroz’s niece

With suicide bombings still a regular occurrence, Bahroz started working all of his contacts to get his family out of Afghanistan to safety. With the help of his friends, Bahroz was able to add his family’s names to the evacuation list, but not before the Afghan government collapsed.

When things became too unstable, Bahroz’s family headed to the airport. Among his family was then 17-year-old Tahira, his niece. 

Though Tahira had become accustomed to daily danger and instability, she lived the life of a normal high school girl. She loves writing and hopes to become a journalist one day.

When it was time to go, she took only a backpack. It was complete chaos.

“The Taliban were shouting and shooting,” Tahira says. “Everyone was trying to get in the airport to get out because they were afraid of what the Taliban would do if they weren’t able to leave. We were able to get into the airport and board the plane. Everyone was sitting on the floor of the plane. We went to Qatar and then Germany. We were so happy to be safe, but we asked ourselves, ‘how did everything happen so quickly?’”

While the paperwork Bahroz secured for his family got them here, it is not a guarantee of permanent citizenship. They have work permits but the rest of their documentation is incomplete. Bahroz has found it challenging to get answers despite the fact he is an American citizen who speaks fluent English. He is concerned for their safety and Tahira’s future. He is also trying to find a way to bring his remaining family to the U.S. who are still hiding in Afghanistan.

Afghan Adjustment Act

Bipartisan legislation has been introduced in both house of Congress to establish a path to citizenship for the Afghans evacuated to the United States.  Known as the Afghan Adjustment Act, the legislation would allow Afghans with temporary status that undergo additional vetting to apply for permanent legal residency.  The Act would ensure Afghans evacuees have a feasible opportunity to legally stay in the United States, fulfilling a promise the United States pledged to keep them safe. 

In the interim, Charlotte Center for Legal Advocacy is assisting Bahroz’s family to apply for asylum. But if granted asylum, they will not automatically become a legal permanent resident. Instead they must wait a year to apply for such status and then after four years can apply for U.S. citizenship. After everything Bahroz’s family and other Afghan evacuees have endured, passage of the Afghan Adjustment Act would provide an opportunity for a more stable future.

Bahroz speaks from the heart: “The families of interpreters and the people who sacrificed their life, they should get help. I carried wounded American soldiers on my back, not once but hundreds of times. I am a citizen; I am part of this country. This country saved me and my family. I have three kids here, I work. My family is your family, now please save them. They are not a threat. I was the only one working with the Americans, but all my family is at risk.”

Learn more how you can support the passage of the Afghan Adjustment Act.

Learn more about the Interpreting Freedom Foundation, a non-profit created by Bahroz to support Afghan Interpreters, allies, and families as they transition to their new life in the United States.

Charlotte Center for Legal Advocacy Launches Medicaid Storytelling

Charlotte Center for Legal Advocacy is partnering with the National Health Law Program (NHeLP) for a Medicaid storytelling project to learn how Medicaid has impacted North Carolinians. We encourage anyone to share their experience with Medicaid, whether it is good or bad, and how having or not having Medicaid has made a difference.

Those interested in participating can email Charlotte Center for Legal Advocacy, call us at 980-202-7334 or record a video.

The stories we collect will be used to help identify problems and successes that can be used for advocacy to improve Medicaid. Your participation can secure health access and equity for all people and communities.

To learn more in about this project in English, click here. Para aprender más sobre como compartir su historia, haga clic aquí.

Charlotte Center For Legal Advocacy Hosts U.S. Department of Health and Human Services Secretary Becerra

Charlotte, NC – Today, the U.S. Department of Health and Human Services Secretary Xavier Becerra and U.S. Rep. Alma Adams visited Charlotte Center For Legal Advocacy and Legal Aid of North Carolina. They conducted a roundtable discussion on local and national health care with representatives of NC Navigator Consortium and other leading figures in the Charlotte community.

The director of NC Navigator Consortium, Mark Van Arnam, answering one of Secretary Becerra’s questions. 

Secretary Becerra and Rep. Adams thanked Charlotte Center For Legal Advocacy and the representatives of NC Navigator Consortium for the results they have achieved getting those in need connected to COVID-19 vaccinations and affordable health care coverage. Secretary Becerra mentioned that President Biden’s new American Families Plan is an important building block of the Affordable Care Act. Secretary Becerra and Rep. Adams made it clear their top priority is increasing vaccination rates and promised to meet the people where they are in order to make it happen.

Secretary Becerra and U.S. Rep Alma Adams taking a tour of Charlotte Center for Legal Advocacy with health insurance navigator Natalie Marles.
Secretary Becerra and U.S. Rep Alma Adams discussing the importance of increasing vaccination rates with the media. 

Anyone in need of health insurance coverage is encouraged to learn more about how to “get covered” on the Charlotte Center For Legal Advocacy website. Due to the COVID-19 Pandemic, the Biden administration has announced a Special Open Enrollment Period that will remain open until August 15, 2021. First-time consumers or individuals who have lost their health coverage can enroll in a plan during this time, and existing consumers can switch plans. NC Navigator Consortium Health Insurance Navigators are standing by to help.

Charlotte Center For Legal Advocacy can provide those in need with information, advice and advocacy in consumer protection, home preservation, health care access and public benefits, immigration, tax assistance and more. Our mission is to pursue justice for those in need. Our vision is to build a just community, where all people are treated fairly and have access to legal representation to meet their basic human needs of safety, economic security and stability.