Author Archives: CAP

About CAP

This blog is generated by many contributing writers that are staff of the Consumer Assistance Program of the Attorney General's Office or the Attorney General's Office.

ALERT: Stimulus Payments Should Not Be Taken from Long-Term Care Residents Who Receive Medicaid

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While Medicaid recipients may have to sign over resources, in some circumstances, to the long-term care facilities where they reside, this does NOT apply to current federal economic impact payments, or ‘stimulus checks.’ 

Under the CARES Act, the stimulus checks are a tax credit. Tax credits do not count as income or resources for federal benefits programs, like Medicaid. Nursing homes, assisted living residences, and residential care homes cannot take that money from residents just because they are on Medicaid. Simply receiving a stimulus check should not change a resident’s monthly payment or cause a resident to have “too much” savings for Medicaid eligibility. Recipients may keep the stimulus payments, and nursing homes or other long-term care facilities may not seize them.

Anyone who believes a long-term care resident who receives Medicaid has lost their stimulus check to a nursing home, assisted living residence, or residential care home, should contact the Vermont Attorney General’s Consumer Assistance Program at 1-800-649-2424 or ago.cap@vermont.gov. You may also contact the Vermont Long-Term Care Ombudsman Project at (802) 863-5620 (Voice & TTY). Vermonters may also report to the Federal Trade Commission at www.ftccomplaintassistant.gov. 

Here is more information on the rules relating to long-term care residents’ receipt of stimulus checks.

Event Cancellation Guidance

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As a result of the COVID-19 emergency, countless Vermonters have dealt with the cancellation of travel plans and other event reservations. Although disappointing, these cancellations are helping keep the public safe and slow the spread of the virus. To assist Vermont consumers and businesses in understanding their rights and responsibilities related to these canceled plans, the Attorney General’s Office offers the following guidance:

Step 1: Look at the contract or agreement

  • To determine whether a business must refund a consumer’s payment, read any cancellation policies or other similar terms in any contracts or agreements that were in place at the time of payment.

Step 2: Locate cancellation policies

  • If a properly disclosed cancellation policy states that some or all of a consumer’s payment may be non-refundable, consumers’ options may be limited.
  • If a cancellation policy is not properly disclosed – for example, because it was given to the consumer only after the contract or agreement was signed – then the cancellation policy may not be valid.

Step 3: If necessary, the Consumer Assistance Program is available to mediate

  • If a cancellation policy says that a consumer is entitled to a refund in the event of an involuntary cancellation but the business refuses to provide a refund, the consumer may file a complaint with the Consumer Assistance Program by calling 1-800-649-2424 or visiting https://ago.vermont.gov/cap/.
  • If there are no contract terms or other policies that apply to cancellations under circumstances like these, the Attorney General’s Office urges businesses to work with consumers to find acceptable solutions. While it may be reasonable for a business to keep some portion of its fees to cover costs that were actually incurred before cancellation, businesses should work with consumers to come to a satisfactory resolution for both parties.
  • Like individual consumers, businesses also may have protections when they are in the role of consumers. For example, a business is a consumer when they are purchasing items that are not for resale, such as supplies or equipment for use by their business. If you own a business and have a consumer-type problem, you can also contact the Consumer Assistance Program to file a complaint.

The Attorney General’s Office recognizes that Vermonters are facing unprecedented hardships at this time, and encourages business owners and consumers to work together to find reasonable resolutions of their disputes. If any consumer feels a business is not living up to the terms of their agreement or is otherwise not playing fair, they should contact the Attorney General’s Consumer Assistance Program to file a complaint by calling 1-800-649-2424 or visiting https://ago.vermont.gov/cap/.

Charity Fraud Awareness Week

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October 21-25, 2019

Charity fraud is, unfortunately, all too common. But don’t be discouraged. You can still make your charitable giving count by following the tips below to identify the bad actors from the good:

Tip #1: Do your Research

Visit websites like Charity Navigator or the Better Business Bureau Charity Information for Donors to learn more about a particular charity. If you receive a call asking for donations, ask questions like:

“Who are you and what is the name of this charity?”
“Where is the charity located?”
“How would my donation be used?”
“Are you a paid fundraiser?”

Tip #2: Learn about Paid Fundraisers

Some charities hire paid fundraising companies to help them solicit donations. In Vermont, any charity using a paid fundraiser must register with the Vermont Attorney General’s Office, and report how much of the donations received go to the fundraiser. Visit the Attorney General’s website to learn more and access donation information, or call the Consumer Assistance Program: 800-649-2424

Tip #3: Spot the Scam

Scammers use phone calls, mailings, door-to-door solicitations, and emails to trick people into “donating” to their “cause.”  

  • Phone calls: Scammers will pressure you to give money right away. They might ask you to send cash or wire money, and they will not give many details about what the donation is for.
  • Mailings: You might receive a letter in the mail thanking you for a pledge you never made. This is a signal that the mailer is a scam. If you receive a mailer that you’re unsure about, do your homework by searching online, or call the Consumer Assistance Program.
  • Door-to-door: When someone knocks on your door to ask for a donation, the pressure is on. Remember that you are under no obligation to give. Ask for more information and do your research. If you cannot get legitimate information about the charity, odds are it is a scam.
  • Emails: Think before you click! Phishing emails look similar to messages from legitimate sources and use email addresses that seem familiar. Be cautious with suspicious emails and call a charity directly if you have questions. Don’t use a phone number on the suspicious email; look it up separately.

Some common charity scams in Vermont include:

  • Pastor imposter scams: a scammer posing as a local religious leader asks you to donate to a cause using gift cards via email.
  • Fire or police organization imposter scams: a scammer calls asking for donations to a local or national first responder organization. If you get a suspicious solicitation, hang up the phone and call your local firefighter or police station to get more information.
  • Disaster scams: Scammers ask you to donate to a charity that provides relief for people who have experience natural disasters, except the charity doesn’t exist or they are impersonating a real charity. Always do your research before giving money or personal information.

Tip #4: Call the Consumer Assistance Program!

If you feel unsure about a charity solicitation or believe you have donated to a scam, call the Consumer Assistance Program! The Consumer Assistance Program can help identify warning signs, provide paid fundraiser information, and help you recover from scams.

Consumer Assistance Program: ago.vermont.gov/cap or 800-649-2424

Vermonter of the Month: The Mercy Connections “Justice League”

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This is a monthly series in which the Attorney General features Vermonters doing exemplary work in their community. Have someone you think should be featured? Email AGO.CAP@vermont.gov.

This month we are honoring a team of people as our “Vermonters of the Month.” The Mercy Connections “Justice League” team works on the Justice and Mentoring program. The team is comprised of Joanne nelson, Director of Justice & Mentoring, Kelly Moran, Justice and Mentoring Coordinator for incarcerated or formerly incarcerated women, Mary Beth Barritt, Justice Liaison and Heather Gilbert, Program Facilitator.

Mercy Connections is an educational values-driven non-profit organization living the legacy of the Sisters of Mercy with an enduring concern for women. By compassionately nurturing self-sufficiency through education, mentoring, entrepreneurship and community, people are empowered to make significant life changes

Mercy Connections has 3 program areas that serve 300 participants: Education & Transition Programs (for adults who have faced adversity in meeting their personal, professional, and academic goals), Justice & Mentoring Programs (for people involved in the criminal justice system), and the Women’s Small Business Program (for aspiring female entrepreneurs).

Joanne, Kelly, Mary Beth and Heather have all dedicated themselves to lifting those around them who need help. The “Justice League” is doing essential work for Vermont women and we are honored to have them as our May Vermonters of the Month.

How has the team’s work impacted the community?

The Justice & Mentoring Program team alternates presence in the Treatment Court Docket to be able to receive referrals to the programs at Mercy Connections. In that action, we invite the women to a meeting with the director to become acquainted and to discover whether there is a desire to enroll in a class or program. Sometimes the referred woman is also interested in becoming a mentee in the Vermont Women’s Mentoring Program. The real impact on the woman is potentially multi-faceted. It is sometimes confidence-building to just get to Mercy Connections and enter a place that is not familiar. It is also clear that women feel and learn about a community here that is non-judgmental, educative, safe and brave and in that discovery, a potential participant may grow, relax and learn. There is something connective when the participant understands that Mercy Connections can become a supportive place, connected to the clinical and legal teams in the court docket, but that Mercy Connections is different. It is not mandatory, it is chosen freely…that ability to make a choice freely, well, that is often something that leaves a referred person empowered.

Executive Director, Dolly Fleming, has said that Mercy Connections “…weaves the social fabric of community and one’s [life]” and I believe that means that the (potential) impact on community is that Mercy Connections kind of weaves some of the very difficult, mandated parts of a recovering person’s life in with some of the softer, kinder, happier threads that every human being possesses. We think that holistic approach reflects something very positive on each person and on the community as a whole.

What is the biggest challenge?

We receive referrals to Mercy Connections which are not realized. They are not chosen by prospective participants.

On a challenging day, it may be hard to look at each individual accomplishment and realize joy against a very dismal system, (criminal justice, economy, racial and gender discrimination…), one that just doesn’t work for human beings.

In general, the challenges lie within the participant population and while we strategize and work hard, sometimes the biggest challenge is accepting that we can’t do more than we do.

What is rewarding about this work?

Our programs offer education to people. Education opens up doors. Open doors and access to more people means a more diverse, just world/community.

Knowing that we are working to offer possibilities for a more successful reentry process through the Vermont Women’s Mentoring Program and hence, a lower recidivism rate.

Working with participants who are rejected in many ways by society and learning how wonderful they are. How resilient they are. And how much they have to offer. Seeing a mentee’s face when she realizes we treat her and her mentor in the same respectful manner. That we don’t judge her based on the worst mistakes she has made. Being able to support mentors, some of whom have made serious mistakes, in a way that allows them to grow and give back.

What advice do you have for others looking to impact their community?

Become a volunteer for a worthy cause- one which speaks to the values you hold most dear. The action will allow you to realize greater purpose and meaning in your life.

Navigating Health Care Can Be Tough: CAP Has You Covered!

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Have you ever felt stressed out by the health care system? You’re not alone. Figuring out your health care options can be confusing. Here’s the good news—there are FREE programs available to help!

Dog with stethoscope

Here’s a list of common questions CAP gets about health care and the FREE resources available to Vermonters:

Overcharged by your doctor’s office?

  • File a complaint with our office. CAP provides a complaint mediation service, we can you help fix billing problems. To get help, call our office at 1-800-649-2424 (toll-free in Vermont) or submit a complaint on our website.

Not sure why you can’t get Medicaid?

  • Vermont Legal Aid has a Health Care Advocate Office. They have a helpline that all Vermonters can use. They can help you learn about coverage options offered on Vermont Health Connect. They can help you figure out what care plans cover. To get help, call the HelpLine at 1-800-917-7787 or fill out their online help request form.

Confused about Medicare?

  • Contact the Agency on Aging. Their State Health Insurance Assistance Program can help you with Medicare, Choices for Care, and Social Security. Call their HelpLine at 1-800-642-5119 or call your local Agency on Aging.

Need help paying a dental bill?

  • Vermont 2-1-1 can help you find local resources to help. 2-1-1 is a program of United Ways of Vermont. They provide information and referrals 24 hours a day, 7 days a week. You can also call about emergency food and shelter, counseling, and child care. To get help, dial 2-1-1 (or 802-652-4636 – from outside of Vermont) or visit their website.

Have an insurance complaint?

  • Contact the Vermont Department of Financial Regulation’s Insurance Division. The Insurance Division regulates insurance in Vermont. To get help with filing a complaint, call 1-800-964-1784 or file a complaint online.

Still not sure who can help? Call CAP at 1-800-649-2424. Our team of consumer advisors are dedicated to helping Vermonters get the support they need. If CAP can’t help you, we’ll figure out who can.

Contributing Writer:  Lauren Jandl
Content Editor: Crystal Baldwin
Photo Credit:  Annalee Beaulieu