2022 Attorney Network Digest
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April 25, 2022
The Attorney Network Digest is a biannual update for attorneys working with Community Action Agencies (CAAs). The digest features legal, governance, and financial resources developed by CAPLAW over the past six months that address issues unique to CAAs. If you have any questions about the Attorney Network or any of the issues discussed in this digest, please contact CAPLAW for further information.
Note to Executive Directors: If your CAA’s attorney is not yet part of CAPLAW’s Attorney Network, we invite them to join our referral list and receive the latest legal developments impacting Community Action.
In this edition:
Model Documents
Vaccine Policy Templates • Vaccine Religious and Medical Exemption Forms •
Board Meeting Minutes and Resolutions
Webinars + Trainings
The Conductor Series • Head Start Vaccine Mandate
Tools + FAQs
Privacy Rights of CAA Clients • LIHWAP Primer and Webinar • Vaccine Mandates Compliance Guide
Articles
State and Local Fiscal Recovery Funds • Equal Access to CAA Programs • Low-Income Housing Tax Credit Floor • DAB Decision on Contract Oversight • No Surprises Act Takes Effect • Public Charge NPRM Codifies Existing Guidance
Model Documents
CAPLAW develops a library of model documents for CAAs and their attorneys on the legal parameters of a CAA's operations and transactions.
COVID-19 Vaccine Policy Templates
These templates help CAAs approach workplace vaccinations strategically while maintaining compliance with applicable federal vaccine mandates issued by Head Start and the Centers for Medicare & Medicaid Services.
COVID-19 Vaccine Religious and
Medical Exemption Request Forms
These forms allow employees to request an exemption from a workplace COVID-19 vaccination mandate and provide corroborating information and documentation.
Template Meeting Minutes and
Index of Form Resolutions
This resource includes a template set of meeting minutes for CAA boards and an index of form resolutions documenting common board votes and actions.
Webinars + Trainings
CAPLAW hosts webinars addressing a range of legal and financial issues facing CAAs and the legal professionals who work with them.
The Conductor Series: All a-Board! The Purpose, People, and Process of CAA Boards
This series functions as an operator training exploring how to use CAPLAW’s animated board training videos, All a-Board! The Purpose, People, and Process of CAA Boards, to reach the ultimate destination—more informed, engaged CAA board members. Each installment of this three-part series demonstrates a strategy for engaging board members on the topics discussed in one of the videos.
Head Start Vaccine Mandate
This webinar analyzes the Office of Head Start’s Vaccine and Mask Requirements to Mitigate the Spread of COVID-19 in Head Start programs, which amends the Head Start Program Performance Standards to require masking for individuals aged two and older and vaccination for all Head Start staff, contractors whose activities involve contact with or providing direct services to children and families, and volunteers working in classrooms or directly with children.
Tools + FAQs
CAPLAW's toolkits and FAQs provide guidance and answers on a range of issues covering topics that CAAs commonly face.
Privacy Rights of CAA Clients
This FAQ discusses a CAA’s obligation to protect the personal and often sensitive information it receives from clients and how that obligation should inform its policies for retaining and disclosing such information. Topics covered include data collection and intake, client releases, internal and external sharing, HIPAA applicability, and data breaches.
COVID-19 Vaccines Step-by-Step Compliance Guide
This online tool guides CAAs through the steps of implementing and enforcing a workplace vaccination policy compliant with applicable federal mandates. It can also help CAAs not subject to federal mandates understand key considerations for workplace vaccination protocols.
LIHWAP: A Primer for the Community Action Network
This online primer discusses the new Low-Income Home Water Assistance Program (LIHWAP) and the different ways in which CAAs may facilitate its benefits in their communities. A webinar about the primer highlights how three different CAAs have implemented the LIHWAP program, including by negotiating vendor agreements with water utilities to provide LIHWAP payments.
Articles
CAPLAW's News Flashes and Legal Updates include articles that address new and current legal issues specific to CAAs.
This article summarizes recent changes to the rules governing the SLFR funds appropriated by the American Rescue Plan—specifically, those governing eligibility determinations and allowable uses of funding.
How does a CAA ensure that all individuals, including those with disabilities, are afforded the same opportunity to participate in its programs? This article focuses on the Section 504 requirements to make benefits and services offered by a CAA accessible.
This article discusses recent IRS guidance clarifying the application of the 4% floor for LIHTC building projects with financing structures in place prior to December 31, 2020, when the floor took effect.
This article analyzes the implications of a 2021 Departmental Appeals Board decision upholding the disallowance of equipment purchased with CSBG funds but never received from the vendor.
This article discusses the interim final regulations under the No Surprises Act that went into effect on January 1, 2022 and their implications for CAAs sponsoring group health plans.
The saga continues...with a new proposed rule governing the application of the public charge ground of inadmissibility for green card and certain visa applicants. This rule would codify existing immigration guidance without making substantive changes.
This digest is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0482-02 . Any opinion, findings, conclusions, or recommendations expressed in these materials are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.
The contents of this publication are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.
