Katy Drahos, access to justice director at the Minnesota State Bar Association (MSBA), spoke at a February 9th press conference about the Bar’s Consumer Debt Litigation Report alongside Governor Tim Walz, Attorney General Keith Ellison, legislators, and Minnesotans affected by the burden of unfair medical debt. The press conference was held to preview medical debt solution proposals, notably the Minnesota Debt Fairness Act discussed by AG Ellison. If passed, the Act would address medical debt, wage garnishment and collections, and would include unique provisions for medical debt. It would ban the denial of medical care based on outstanding patient debt, repeal the current law allowing transfer of medical debt to a patient’s spouse, ban charging interest on medical debt and reporting it to credit bureaus, and more.
Ellison shared that the impetus for the proposed bill was the MSBA’s Consumer Debt Litigation Report, and the stark picture it painted of how broken debt collection policies are in Minnesota. Drahos spoke on behalf of the Bar’s access to justice committee and explained how the group regularly looks at the biggest gaps in representation in the court system. They found that consumer debt litigation always rises to the top. Consumers rarely have representation in these cases and Drahos emphasized that the report’s data revealed over half of all civil cases in Minnesota are consumer debt cases. Medical debt is included in these cases.
KARE 11 news also spoke with Drahos who noted that debt collection cases are filed against Black and Latino Minnesotans at double the rate of white Minnesotans. Families in lower income areas are also more likely to be taken to court for debt and that the number of cases is probably higher than it appears because of the way the debt is handled and paid. "That debt has been sold to collectors, or individuals put medical debt on their credit cards and then default on those cards, or they prioritize paying their medical bills at the cost of other debts they owe,” Drahos said.
Remote Resources for Pro Bono Attorneys During Pandemic
By Sherri Knuth, MSBA Access to Justice Director
Public law libraries are eager to assist attorneys who volunteer their time to assist those in need. Library support may involve access to helpful legal research resources, especially for the attorney who takes pro bono clients with issues outside the attorney’s practice area.
Thomson Reuters has extended remote access to Westlaw during the pandemic. The Minnesota State, Hennepin County, and Ramsey County Law Libraries can help attorneys with remote access Westlaw. It’s not known how long Thomson Reuters will offer remote access via public law libraries.
Pro bono attorneys may contact the following law libraries about remote access:
Minnesota State Law Library—651-297-7651
Hennepin County Law Library—612-348-2903
Ramsey County Law Library—651-266-8391
Pro bono attorneys in other metro area counties should also contact their local public law library to learn what resources they provide. A full directory of county law libraries is available.
Other Remote Reference Services
Minnesota State Law Library—Via email, reference and resources from Westlaw, Lexis, HeinOnline, National Consumer Law Center, and print resources like the MNCLE Deskbooks.
Hennepin County Law Library—Offers temporary offsite access to Lexis and research assistance and emailing resources from the library’s extensive practitioner-oriented collection. Related to last summer’s unrest, the library has robust construction and insurance law collections. Pro bono attorneys in Hennepin County may talk to library director Karen Westwood about getting member access, which allows attorneys access to Hein Online and Wolters Kluwer titles from their offices. This also goes for legal nonprofits.
Ramsey County Law Library—Contact the library for documents that can be sent via email. This includes text from Minnesota Practice Series and Lexis Minnesota titles.
For Minnesota State Bar Association Members
The following online resources are available to MSBA Members: Fastcase for online access to primary legal materials; eBooks; mndocs and practicelaw for online forms templates and practice resources. Attorneys access these resources directly from the MSBA.
LASNEM and U of M Medical School Partner on Rural Access to Justice Study
Dr. Michele Statz, an anthropologist of law with the University of Minnesota Medical School - Duluth, is midway through a three-year study on rural access to justice across Northeastern Minnesota and Northern Wisconsin. This research is funded by the National Science Foundation’s Law and Social Science Program, and it includes extensive one-on-one interviews, surveys, and focus groups with legal professionals and low-income residents across the region.
One aspect of this research includes collaborating with the Legal Aid Service of Northeastern Minnesota (LASNEM) and Wisconsin Judicare, Inc. in order to conduct community needs assessments on these organizations’ behalf. Research for the assessments entails carefully documenting the unique concerns and ideas that the diverse populations LASNEM serves identify. This process provides Dr. Statz and her research assistant, Jon Bredeson, granular data on complex needs that can be further mapped onto geography.
Research for the LASNEM community needs assessment is in progress, and it includes in depth conversations with area legal professionals and stakeholders, as well as telephonic surveys with self-identified low-income rural / Native individuals in northeastern Minnesota. For community members, the survey includes twenty-two identifiable problem areas and broadly examines how individuals understand their legal needs and how they access help, such as through legal aid. Anyone who participates in the survey will receive a $10 gift card.
In speaking directly with community members in the rural counties and on the reservations that comprise LASNEM’s service area, researchers are gathering valuable data and insights about gaps and barriers that powerfully impact individuals’ ability to access justice.
“Dr. Statz and Mr. Bredeson are giving voice to those who have gone unheard,” says Dori Streit, Executive Director of LASNEM. “The community needs assessment will allow LASNEM to identify the challenges low-income individuals and communities face in Northeastern Minnesota, and in turn, will guide us to be more strategic in our advocacy.”
Once completed, LASNEM will use the resulting report to evaluate its services and how accurately they reflect the needs, concerns, and priorities of low-income residents. It is hoped that the study’s results will strengthen relationships in the region beyond LASNEM, spur expansion of legal aid services in Northeastern Minnesota, and provide additional resources to the legal professionals who serve these remote populations.
To learn more or to participate in this research, please visit www.northlandproject.org or email Michele Statz at mstatz@d.umn.edu.