Legal Benefit Services

The vendor is required to provide legal benefit services for include:
- Program activities and requirements – OAA legal services
•    Provide legal services to adults 60 years of age or older in greatest economic and greatest social need, in county, giving priority to legal assistance related to income and public entitlement benefits, health care, long-term care, nutrition, consumer law, housing, utilities, protective services, abuse, neglect, age discrimination, and defense of guardianship
•    The term 'greatest social need' means the need caused by non-economic factors which include physical and mental disabilities, language barriers, cultural, social or geographic isolation, including due to racial or ethnic status, native american identity, religious affiliation, sexual orientation, gender identity, or sex characteristics, HIV status, chronic conditions, housing instability, food insecurity, lack of access to reliable and clean water supply, lack of transportation, or utility assistance needs, interpersonal safety concerns, rural location, or any other status that restricts the ability of an individual to perform normal or routine daily tasks or threatens the capacity of the individual to live independently or other needs as further defined by state and area plans based on local and individual factors.
•    Provide legal counsel and representation in areas of the law affecting older persons in greatest economic and greatest social need, including those areas of the law specified in (1)(a) above.
•    Maintain compliance with state rules of professional conduct for attorneys, specifically including a method to identify and resolve any conflicts of interest, maintain the confidentiality of client records, protect the attorney-client privilege, and provide diligent and competent representation, including to persons with diminished capacity.
•    Document additional sources of funding to maintain the older act legal services program and elder benefit specialist in addition to department aging and disabilities services support, including required federal match.
•    Maintain accurate monthly records of program activities. 
•    Separate fiscal reports must be submitted, indicating expenditures under each funding source. 
•    Demonstrate ability to track time and activity in 15-minute increments by funding source and activity as required by each separate program: OAA legal services, elder benefit specialists and ship and OCI.
•    Administer and maintain the program, including a system for maintaining client files, obtaining representation, consent, and client grievance documentation and conducting regularly scheduled file and case reviews.
•    Provide legal services to older adults who have limited english proficiency and to individual with disabilities.  
•    Providers are required to take reasonable steps to ensure meaningful access to legal assistance by older adults with limited-english proficiency, including an individualized assessment of an individual’s need to understand and participate in the legal process (as determined by each individual), access to interpretation and translation services that meet the clients’ needs, and by providing appropriate auxiliary aids and services where necessary to afford qualified persons with disabilities an equal opportunity to participate in, and enjoy the benefits of, legal assistance(45 cfr 1321.93(e)(3)(ii)(a), 45 cfr 1321.93(e)(3)(ii)(b), and 45 cfr 1321.93(e)(3)(ii(c)).
•    Coordinate legal services to older adults with other legal resources in the community, including the private bar and on a pro bono or reduced fee basis.
•    Provide effective administrative and court representation in both state and federal venues.
•    Legal services corporation project grantee, provider must coordinate services with the existing Legal services corporation projects in the planning and service area to concentrate the use of funds to provide services to older people with social and economic need as specified in the older act.  
- Program activities and requirements – elder benefits specialist services
•    Provide elder benefit specialist services to older adults in economic or social need in county and give priority to legal assistance related to public benefits and services and to health care financing, insurance, housing and other financial and consumer concerns 
•    Include the policies, procedures, and technical assistance to ensure services are targeted to those in greatest social and economic need.
•    Ensure that staff have expertise to offer information, advice, and assistance to older adults related to eligibility for, and problems with, public benefits and services and in those areas of the law listed in (2)(a) above. 
•    Maintain a plan for continuing legal education and supervision of staff in these areas of elder law. 
•    Ensure professional staff are available and dedicated to providing elder benefits services and that any legal services provided by staff will be provided under the direct supervision of an attorney actively licensed and in good standing to practice law in the state.
•    Legal supervision includes the provision of case reviews for quality oversite of elder benefit specialist casework and providing input, upon request, on elder benefit specialist performance to local employers. 
•    Training includes the provision of initial and ongoing trainings to elder benefit specialists on core programs and topics. 
•    Legal back-up includes the provision of technical assistance to elder benefit specialists, which is defined as consultation regarding their customers’ benefits issues to ensure accurate, timely, and effective assistance and advocacy. 
•    Legal back-up may also include referrals for legal representation, including to the older act legal services program, other legal services corporation-funded programs or agencies, private attorneys, and pro bono attorneys. 
•    Legal back-up may also include the provision of direct legal representation when appropriate.
•    Legal issues requiring legal representation by an attorney, including cases involving the denial, reduction, or termination of any benefit, including representation in hearings or appeals.
•    Administer and maintain the proposed program including a system for maintaining client files, obtaining representation, consent, and client grievance documentation and conducting regularly scheduled file and case reviews.   
•    Provide training and education programs to both older adults and to staff of community agencies in the areas of legal, public benefits, financial, and other concerns of older adults.  
•    Carry out outreach and advocacy services, including but not limited to: senior centers, nutrition sites, other community organizations, and healthcare providers and facilities throughout county. 
•    Provider must maintain a functioning and accessible website that provides direct access to elder benefits specialist services
- Program activities and requirements – medicare outreach, counseling and medicare prescription drug assistance
•    Provide assistance that will help medicare beneficiaries to understand and access medicare benefits and medicare prescription drug benefits. 
•    Document continuing legal education regarding medicare and medicare prescription drug law, regulations, and procedures.
•    Ensure that all employees or volunteers providing medicare and medicare prescription drug counseling under this contract will complete the online elder benefit specialist training series through Eri as required by the department, and including the initial and ongoing medicare counseling modules and the EBS medicare certification test.
•    Conduct regular outreach to the public regarding medicare and medicare prescription drug-related topics, including, low-income assistance programs, and senior care.
•    Program staff will participate in regularly scheduled meetings convened by the county ship coordinator, including any MKE ship collaborative meetings.

- Contract Period/Term: 5 years
- Informational Session Date: July 30, 2025
- Questions/Inquires Deadline: August 1, 2025