In Legal Terms

Latest Episodes:

In Legal Terms: HIPPA Jan 24, 2023

Show notes

Every time you go to the doctor’s office you have to fill out a HIPPA form. What is that? Is it taking away my rights? Is it protecting my rights? We’ll learn with University of Mississippi Medical Center attorney, Benson Hill, Privacy and Information Security Officer: what is HIPPA?

To learn more about Heath Information Privacy, go straight to the source: the US Department of Health and Human Services Office for Civil Rights. https://www.hhs.gov/hipaa/index.html has multiple webpages explaining your rights.
You can read publications and resources about HIPPA from the Centers for Disease Control and Prevention. https://www.cdc.gov/phlp/publications/topic/hipaa.html
If you would like to know what UMMC’s HIPPA policies are: https://www.umc.edu/Compliance/HIPAA-Policies.html

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In Legal Terms: Wage Law Jan 17, 2023

Show notes

Let’s start the new year off right, making sure your compensation is fair and legal. Today we’ll discuss wage and hour law with our guest, attorney Francis Springer. We’ll learn about the Fair Labor Standards Act and how it regulates how many employees are paid. https://www.springerlawoffice.com/

The FirstStep Poster Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) developed by the U.S. Department of Labor to help employers and employees understand their rights and responsibilities under Federal employment laws. Available in English and other languages, the poster may be downloaded free of charge and printed directly from the Advisor - free of charge. We’ll have a link to that site on the show information for this broadcast.

https://webapps.dol.gov/elaws/firststep/results.htm?fs=CN0D00000GYNN0000000NNYYN00000000MS#flsa

If you’re interested in hearing a discussion about minimum wage, that was a topic covered by MPB’s Money Talks when their guest was State Economist, Corey Miller. You can find a link to that podcast from March 16th of 2021 on the show information for this podcast.

http://moneytalks.mpbonline.org/episodes/money-talks-minimum-wage

What about minimum wage in Mississippi? We have no state minimum wage law. It’s one of 5 states, including Alabama, Louisiana, Tennessee, and South Carolina that haven’t set a wage minimum separate from the federal rate which currently is $7.25 per hour.

https://www.dol.gov/agencies/whd/minimum-wage/state

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In Legal Terms: 2023 Guide Jan 10, 2023

Show notes

Welcome to 2023. We know we have both lawyers and people who might be clients one day who listen to our show. We hope in 2023, you’ll be the best you can be. We learn from our guest Mississippi Bar General Council Adam Kilgore “what makes a good lawyer” and “what makes a good client”.

The website: https://www.msbar.org/ is a wealth of information. There’s a video explaining jury duty, there’s a sheet that explains the court system in Mississippi. I like the legal terms and procedures page. (I found out the ms bar and the NCAA have different definitions of “holding”.) Don’t forget, if you need to hire a lawyer there’s a page dedicated to how to choose an attorney.

For the public, there so much information right on the front page of the Mississippi Bar website. There’s a handout for consequences of DUI – that should be mandatory reading in high school – There’s a tab called “Law as a Career” and information about the Consumer Assistance Program which helps people with questions or problems with Mississippi attorneys.

My favorite part of The Mississippi Bar website: the Pro Bono Resources. If you qualify, there are lists of organizations that help individuals that can’t afford legal representation. From the north to the south and in between, you or a person you’d like to assist might find a clinic that could assist.

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In Legal Terms: Turning 18 Encore Jan 03, 2023

Show notes

ENCORE FROM 07/13/2021

Anyone have a 16 to 21-year-old? Or know one? What do you need to know that you can or can’t do when you turn 18? Are you an adult? Are the parents still “in charge”?

Guest: attorney Baskin Jones https://injuredinmississippi.com/ who was on our show January 26th 2021 when we talked about Cycling and Insurance. http://inlegalterms.mpbonline.org/episodes/in-legal-terms-cycling-and-insurance

MS Code 1-3-27:

The term “minor,” when used in any statute, shall include any person, male or female, under twenty-one years of age.

The Legal Documents You May Want When Your Child Turns 18

Healthcare Proxy (also referred to as a healthcare agent or medical power of attorney, a healthcare power of attorney, or durable power of attorney for health care)

Mississippi healthcare proxy form:

https://www.nrc-pad.org/images/stories/PDFs/mississippi_hcpa.pdf

HIPAA (Health Insurance Portability and Accountability Act) authorization (also called a HIPAA release)

Mississippi HIPPA form:

https://eforms.com/images/2016/10/Mississippi-HIPAA-Authorization-Form.pdf

Durable Power of Attorney (Durable POA)

Separate forms for medical and finances.

https://eforms.com/power-of-attorney/ms/mississippi-durable-power-of-attorney/

Advance Directive Form:

https://eforms.com/power-of-attorney/ms/mississippi-advance-health-care-directive/

What you can do at 18:

Vote
Join the Military
Register for Selective Service
Get a pody piercing or tattoo
Sign a contract

What you CAN NOT do at 18:

buy a lottery ticket
change your name
open a brokerage account or buy stock
be called for jury duty

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In Legal Terms: Educational Rights Encore Dec 27, 2022

Show notes

ENCORE FROM 01/25/2022

What are some of the laws surrounding teaching? How does our state teach how our citizens obtained their legal rights? Is Critical Race Theory new?

Our guest is Chauncey Spears, Education Policy Analyst from the Mississippi Center for Justice. https://mscenterforjustice.org/

https://mscenterforjustice.org/academic-freedom/

The Center supports every student’s right to a good education. This support includes fighting unjust attempts at whitewashing the history of racism in Mississippi and curbing the academic freedom of teachers and professors in our public school and university classrooms. MCJ supports the full and honest teaching of history and other academic subjects so as to help students understand the past and present contexts of their lives. Learning full and honest history and protecting the free exchange of ideas in classrooms are essential to racial reckoning and must take place in Mississippi to keep the state progressing toward a better future for all citizens. MCJ works with other advocacy groups and educators to protect the sacred space and trust educators must have in cultivating the minds of students here in Mississippi.

http://billstatus.ls.state.ms.us/2022/pdf/history/SB/SB2113.xml

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In Legal Terms: Police Stop and Search Dec 20, 2022

Show notes

We’re joined by Professor Matthew Hall today to learn about our rights when dealing with the police – when they stop you, when they come to your home.

On Friday, June 19, 2020, Mayor Chokwe Antar Lumumba signed an executive order amending the Use of Force Policy for the Jackson Police Department. It’s on the JPD website. Many police departments have website, facebook pages, and other ways you can learn about the police in your area. https://www.jacksonms.gov/departments/jackson-police-department/

The Mississippi Highway Patrol’s Thanksgiving Holiday Travel Enforcement Period concluded Sunday, November 27th, at midnight. The period began on Wednesday, November 23rd, at 6:00 a.m. MHP issued 9,179 citations, made 172 arrests for impaired driving, and investigated 212 crashes resulting in 43 injuries with six fatal crashes and six deaths. The fatal crashes occurred in Stone, Scott, Leake, Rankin, Clarke and Marshall Counties. https://www.picayuneitem.com/2022/11/thanksgiving-holiday-travel-enforcement-period/

ACLU – Mississippi has a “know your rights, police encounters website”. https://www.aclu-ms.org/en/know-your-rights/police-encounters

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In Legal Terms: Product Liability Dec 13, 2022

Show notes

Have you been buying lots of “stuff” this month? What if your purchase is defective? What if it is dangerous? We’re talking about the world of product liability with our guest attorney Baskin Jones. https://injuredinmississippi.com/

Previous podcasts with Baskin:

08/09/2022 Insurance http://inlegalterms.mpbonline.org/episodes/in-legal-terms-insurance

01/18/2022 Subpoenas http://inlegalterms.mpbonline.org/episodes/in-legal-terms-subpoenas

07/13/2021 Turning 18 http://inlegalterms.mpbonline.org/episodes/in-legal-terms-turning-18

01/26/2021 Cycling laws http://inlegalterms.mpbonline.org/episodes/in-legal-terms-cycling-and-insurance

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In Legal Terms: Wishes 2022 Dec 06, 2022

Show notes

What do you wish for? Legally speaking, I mean? Does Mississippi or our country have laws it shouldn’t or what does it need? If you could make the laws, what would you wish for?

Past wishes:

HB 530 The "Strategically Accelerating the Recruitment and Retention of Teachers (START) Act of 2022" The average annual teacher raise will be $5,140, and the raise will begin for the 2022-2023 school year. Starting teacher pay will increase from $37,123 to $41,638, putting Mississippi above the southeastern and national averages. http://billstatus.ls.state.ms.us/2022/pdf/history/HB/HB0530.xml

Jackson water infrastructure https://www.mpbonline.org/blogs/news/doj-appointee-eyes-1year-window-for-jackson-water-upgrades/

SB 2095 passed into law Mississippi Medical Cannabis Act http://billstatus.ls.state.ms.us/2022/pdf/history/SB/SB2095.xml

Current (and past) wishes:

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In Legal Terms: Trustees Nov 29, 2022

Show notes

One show will generate questions that will inspire a topic for another show. Last week we talked about wills and we had a caller who asked about trustees. So that’s today’s topic. What are their duties? How do you get one? How do you get rid of one? Our guest to help us: Richard Courtney https://elderlawms.com/

Past podcasts with Richard Courtney as our guest: http://inlegalterms.mpbonline.org/episodes/in-legal-terms-guest-richard-courtney

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In Legal Terms: Will Talk over Thanksgiving Nov 22, 2022

Show notes

Today’s topic is one we’ve covered many times but still so many of us die without a will or without having made estate plans. This Thanksgiving is a great time to talk with your family aboutyour plans, their plans, and where the plans are written down.

If you need a starting point for crafting your estate plan, MPB has got a digital worksheet for you. Freewill is a site that will help you organize your estate plan so you can get started. https://www.freewill.com/mpbfoundation

The University of Mississippi Medical Center has a link where you can fill out an Advanced Healthcare Directive.

https://www.umc.edu/news/Miscellaneous/2019/April/April%20CONSULT/UMMC_Advance_Healthcare_Directive.pdf

Sometimes it’s good to hear what others are asking – that will lead you to think about your own situation. In Legal Terms has produced around 3 shows each year for the last 5 years discussing estate planning. Listening to these podcast can help you know what to do.

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