Author: Paul Richardson

EGCR’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about a state law, regulation, and more!

In the state of Florida, the law allows school districts to independently decide whether or not to teach students a secular program including an objective teaching on the bible and religion.

Additionally, the state of Florida lets each school district to choose if they will allow a brief period, which can’t be more than two minutes, of silent prayer.

Among mixed signals from Washington, D.C. over whether or not an agreement to preserve the protections of young immigrants enrolled in the Deferred Action for Childhood Arrivals Program (DACA) should be struck, anxiety is increasing on college campuses, according to the Memphis Daily News. Harvard University has a 24-hour emergency hotline for DACA students. Chicago’s University of Illinois put out tips on what to do if federal agents show up on campus. Universities across California are offering free advice to students fearing deportation. Almost 60 college and university presidents sent letters to legislators urging to make DACA permanent.

What is DACA?

In 2012, then-president Barack Obama created DACA through an executive order. The program allows hundreds of thousands of young immigrants brought into the U.S. illegally as children to remain in the country. Those who can apply and qualify for DACA must not have serious criminal histories, must have arrived in the U.S. before 2007, and must have been under the age of 16 at the time of arrival. It is estimated that 350,000 of the nation’s almost 800,000 DACA recipients are students, most at colleges or universities according to a survey conducted by the Center for American Progress. DACA protected these immigrants from deportation and allowed them to work legally in the country under two-year permits.

Mixed Messages

Recently, top congressional Democrats Chuck Schumer and Nancy Pelosi reported they had reached a deal with President Donald Trump to save the law. The next day, Trump said the deal was close but had not been finalized.

This was just the latest in confusing messages coming from the White House. Under the current administration, those already enrolled in DACA are covered until the expiration of their two-year permits. Should their permits expire before March 5, 2018, enrollees can renew for an additional two years but must do so by October 5, 2017. Unfortunately, the program is not accepting new applications. The renewal fee is $495.00. Universities across the nation are advising students to adhere to the deadline and are raising money to help pay for the fees. Many students under DACA cannot pay for school if they are unable to work. Many of those enrolled in DACA were brought to the United States as young children, not of their own volition, and have not been to their home country in decades.

Days after the Trump administration announced the phasing out of DACA, state attorney generals brought lawsuits claiming state universities cannot provide in-state tuition rates for DACA recipients because they do not have legal immigration status. Many schools are vowing to fight back.

Immigration Attorneys

 If you or someone you know is concerned about the status of DACA, or has any other immigration issue, contact a knowledgeable immigration attorney today. You do not have to live in fear. An experienced attorney can help you understand your rights under the law and fight for you to stay in this country.

EGCR’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about a state law, regulation, and more!

The Volunteer Protection Act of 1997 states that civilians whom volunteer for a non-profit organization, are at risk to make questionable choices that may result in damages to the property or another individual.

If their actions of the volunteer deemed to be handled irresponsibly and/or treated with poor care, the volunteer themselves are at risk in facing civil liability for their actions made during their time at the non-profit organization.

The Georgia Supreme Court is pegged to review the state’s Certificate of Need Law (“CON law”), according to a report issued by the Atlanta Business Chronicle. The law places a restriction on competition in the healthcare industry, violating the state constitution’s anti-monopoly provision, according to a lawyer arguing the case before the state Supreme Court earlier this summer. The attorney belongs to a conservative legal advocacy group, Goldwater Institute, and noted that there is no health-care exception to the anti-monopoly clause. The CON law, he claims, discourages competition and encourages monopoly.

About the CON Law

 The case involves two doctors who co-owned The Georgia Advanced Surgery Center for Women and who attempted to add a second operating room to their outpatient surgical center and contract with outside surgeons to use the space. When their CON was denied, they sued the Georgia Department of Community Health claiming the law violated the constitution.

The CON law mandates applicants show a need for new medical facilities or new health-care services in Georgia in order to obtain approval to move forward. The CON law was enacted in 1979 to comply with the federal requirement aimed at reducing costs by mitigating duplication of services and overbuilding. The federal mandate was dropped in 1986, but 35 states, including Georgia, still have CON laws on the books.

The CON law process has been controversial since its passage because hospitals have often used it to challenge the planned projects of their competitors. The CON law has also pitted doctors up against hospitals in fights over building surgery centers, not dissimilar to the current case at hand. Of note, single-specialty surgery centers such as those limited within one speciality for operations are exempt from the CON law. Physicians, however, have been trying to push for a similar exemption for multi-speciality surgery centers owned by doctors. Advocates claim that allowing this exemption would lower health-care costs for patients, insurers, and employers..

CON law opponents how have filed lawsuits have been unsuccessful in overturning the law. Likewise, Georgia lawmakers have repeatedly failed to repeal the law, but have not been able to secure enough votes to overcome the state’s hospital lobby.

Stay Up to Date

 Those opposing CON law claim the law stifles an individuals’ ability to choose where they seek medical care and to select healthcare facilities they trust the most. It is important as legal practitioners to stay up-to-date with changes in the law and how it affects potential clients and your current cases. For more information and to understand CON law better, contact a knowledgeable Georgia attorney today.