News from State Senator Pat Jehlen

Governor Signs HIV Testing Bill into Law

Recently Governor Deval Patrick signed a bill into law that will expand HIV testing in Massachusetts. The bill, sponsored by Senator Patricia Jehlen, makes testing easier by removing burdensome written consent testing requirements while still retaining all of the patient privacy protections currently in the law. The law puts Massachusetts in line with 48 other states in allowing patients to verbally consent to HIV tests.

“This law will save lives, expand testing, and reduce new infections,” said Sen. Jehlen. “Many groups, including doctors and advocates for those living with HIV, worked together on this law. A large number of doctors have told us that this small but significant change will enable them to get many more patients tested. This is particularly significant for pregnant women who, if not tested, can transmit the disease to their children. With early detection and treatment, risk of transmission can be virtually eliminated.”

Since 2006, the U.S. Centers for Disease Control and Prevention (CDC) has recommended that HIV tests become more standard, similar to those for blood sugar or cholesterol. However, Massachusetts was one of only two states in the country that required written consent to get an HIV test.

The law requires doctors to obtain only verbal consent before testing patients for HIV.

There are approximately 17,000 people known to be living with the virus in Massachusetts. It is estimated that there are another 5000 Massachusetts residents living with the disease who have not been tested and do not know there status. These individuals are not being treated and may be transmitting the disease to others. Because of state investments in prevention and care, there has been a 59 percent reduction in new cases of HIV in the Massachusetts between 1999 and 2008, and a 37 percent reduction since 2005. No other state has achieved such a dramatic reduction.

In the foreground of the picture, from left to right, are Representative Byron Rushing (D-Boston), Governor Deval Patrick, and Senator Patricia Jehlen. Photo by Meghan Dhaliwal/Governor’s Office.

Senate Passes Bill to Prevent Mortgage Foreclosures

On Thursday, the Massachusetts Senate, in its latest effort to establish greater protections for homeowners, passed legislation preventing unnecessary and unlawful foreclosures, reducing the number of abandoned properties across the Commonwealth and helping to remove one of the biggest remaining barriers to our ongoing economic recovery.

“This bill will help keep people in their homes,” said Senator Patricia Jehlen. “The foreclosure crisis has affected many, with 62 properties already foreclosed upon and 179 more in the process in my district alone. This important step will aid struggling home owners and help Massachusetts recover from the foreclosure crisis.”

The bill requires banks and other lenders to offer loan modifications to borrowers in certain circumstances to avoid foreclosures. Lenders must conduct a complete financial analysis of the borrower and determine if it would be more beneficial to receive lower monthly mortgage payments or the anticipated recovery from a foreclosure.

There is a 150-day timeframe for deciding whether or not to offer the loan modification which may come in the form of a reduced interest rate or principal, or an extension of the loan repayment period. The modified loans would allow borrowers to stay in their homes, lenders to avoid foreclosure costs and potential market losses, and neighborhoods to avoid the problem of abandoned properties and vacant lots.

Loan modifications would be available for owner-occupied homes and apply to loans that are considered risky, such as adjustable rate mortgages and interest-only loans. The legislation also includes, as a result of an amendment co-sponsored by Sen. Jehlen, a provision that gives borrowers the right to go into mediation with lenders prior to foreclosure proceedings to work out renegotiated loan terms through a neutral third-party. Furthermore, the bill incorporates a recent Supreme Judicial Court decision requiring lenders to prove they are the current legal holder of a mortgage before commencing a foreclosure.

In 2010, the Legislature passed legislation that states tenants in foreclosed buildings can only be evicted for just cause and that lenders cannot evict a tenants for failure to pay rent unless a written notice with proper contact information has been posted and delivered. For homeowners, that legislation also temporarily extended the 90-day right-to-cure period, enacted by the Legislature in 2007, to 150 days. The 2007 law gave homeowners 90 days to come up with past due payments on their mortgage before the lender could require full payment of the unpaid balance. This was intended as a cooling off period for the lender and homeowner to work out a new payment plan to avoid foreclosure.

– Information from State Senator Pat Jehlen (D-Somerville, Medford)