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December 06.2025
3 Minutes Read

How Lawsuits and Proposed Reforms Are Impacting Housing for Seniors

Justice in Aging logo representing senior poverty advocacy.

Lawsuits Against HUD: A Fight for Housing Rights

Recent federal lawsuits challenge the Department of Housing and Urban Development's (HUD) drastic funding cuts to the Continuum of Care (CoC) program, crucial for permanent supportive housing (PSH). These cuts threaten to remove housing support from over 170,000 vulnerable individuals, primarily older adults and people with disabilities. One lawsuit unites 20 states, while another includes advocacy groups determined to protect the rights of those dependent on PSH. This litigation highlights the pressing need for Congress to safeguard funding for housing assistance, urging immediate action to prevent further harm to older adults.

The Importance of Community Living

This week, the Senate Special Committee on Aging convened a critical hearing focused on community living and its importance for older adults. Key witnesses emphasized how Medicaid Home-and Community-Based Services (HCBS), Centers for Independent Living (CILs), and affordable housing play vital roles in enabling individuals to remain in their homes and connected with loved ones. However, they also highlighted the existing barriers to accessing these crucial programs. With looming cuts to Medicaid and related services, older adults may find it more challenging to continue living independently.

Implications of CMS's Proposed Rules for Medicare Advantage

The Centers for Medicare & Medicaid Services (CMS) has issued a proposed rule for Medicare Advantage and Part D plans for 2027, which raises concerns among advocates. Among the changes is a focus on Dual Eligible Special Needs Plans (D-SNPs). Stakeholders have until January 26, 2026, to comment on the proposed rule, and Justice in Aging is preparing resources to assist advocates in making their voices heard. This opportunity calls for a collective effort to ensure that the specific needs of older adults are carefully considered in future healthcare policies.

The Dangerous Path of Repealing Staffing Minimums

In a controversial move, CMS has signaled its intent to eliminate nursing facility staffing minimums by February 2, 2026. This proposed repeal, initially scheduled to take effect in May 2026, follows Congress's moratorium on enforcing staffing standards as part of the Budget Reconciliation Act. By repealing these regulations, the risk of inadequate care for older adults in nursing facilities increases, exposing them to potential neglect. Stakeholders must respond to this change before the comment deadline to advocate for the essential services that older adults rely on.

A Call to Action: Protecting Older Adults

The challenges presented by the recent changes in HUD funding and the threats to community-living programs have created a critical moment for advocacy. Individuals impacted by these policies are encouraged to share their stories with congressional representatives, emphasizing the importance of maintaining supportive housing and services for older adults. The fight for adequate funding is crucial; inaction may lead to a systemic decline in the welfare of one of society's most vulnerable populations.

Conclusion: Stay Engaged and Advocate

As the landscape of care for older adults continues to evolve, it is imperative that we stay engaged and informed. By supporting advocacy efforts and urging policymakers to prioritize the needs of older adults, we can collectively work towards ensuring their right to safe, affordable housing and community-based support services. Your voice matters: join the conversation and make an impact today.

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01.15.2026

Navigating Medicare Coverage for Transgender Older Adults: Essential Insights for Advocates

Update Understanding Medicare Coverage for Transgender Older AdultsTransgender older adults face unique challenges in navigating health systems, particularly Medicare. Recent updates in policy and advocacy work aim to ensure they receive equitable health care. This article delves into what this means for advocates and older adults alike, providing essential insights into Medicare coverage tailored for those who identify as transgender.Your Gender Identity and Medicare: Know the BasicsIt’s crucial to understand that while a client's gender identity may not be printed on their Medicare card, it is nonetheless a part of their Medicare records linked to their Social Security identification. According to federal regulations, an individual's gender or identity should not impact their Medicare eligibility. However, changes to gender markers have become more complicated due to recent Social Security Administration policy revisions. As of 2025, the ability to alter sex markers with the SSA has been significantly restricted, meaning previously approved changes will continue to be honored, but no new changes can be processed.The Importance of Coverage Options for Transgender IndividualsChoosing the right Medicare plan is critical for transgender older adults, given their specific health care needs. Various options are available, including Medicare Advantage plans and Traditional Medicare, and the choice can greatly influence access to trusted providers and culturally competent care.When evaluating plans via the Medicare Plan Finder, it's essential to scan for details such as premiums, coverage of critical medications, and whether a provider is in-network. Understanding the nuances of these plans can make a significant difference in the quality and cost of care.Accessing Health Services: The Role of State Health Insurance Assistance Programs (SHIPs)Unfortunately, many transgender individuals encounter discrimination within the health care system. Federal law offers protection against such bias based on gender, but healthcare organizations may not always adhere to these regulations. State Health Insurance Assistance Programs (SHIPs) serve as a valuable resource for Medicare beneficiaries, offering free, personalized assistance in navigating their coverage options. Counselors can help individuals identify the best plans for their needs and guide them toward accessible care, reinforcing the importance of community support in achieving health equity.Transition-Related Care: What's Covered?Medicare has made strides in coverage for gender-affirming care. Hormonal treatments can be covered under Medicare Part D, but they often require prior authorization to ensure medical necessity. Notably, medically necessary gender-affirming surgeries also have a designated process for coverage under Medicare, which evaluates requests based on strict guidelines set forth by the World Professional Association for Transgender Health (WPATH).The Path Forward: Advocating for Transgender Rights in Health CareAs organizations strive to combat discrimination, it is essential that advocates remain informed about current policies affecting transgender health care. Continuous education on Medicare policies and active advocacy can empower older adults to know their rights and receive the care they need without bias.Moreover, even with the growing accessibility of Medicare for transgender individuals, advocates must remain vigilant and prepared to support their clients, especially in cases of denied coverage. There are established appeal processes available, and understanding these can be pivotal for older adults who may have experienced discrimination.Taking Action: Your Role as an AdvocateTo make a difference in the lives of transgender older adults, advocates can play a vital role by spreading awareness about Medicare policies and available resources. Connecting with local SHIP counselors, sharing accurate information, and offering emotional support can help reframe the experiences of many within the transgender community. This comprehensive approach will foster a more inclusive health care environment.ConclusionFor transgender older adults, navigating Medicare is fraught with challenges, but knowing one's rights and the available resources can facilitate better health outcomes. Advocates are essential in this journey, helping clients access the care they deserve while promoting awareness and equality in health care for all.

01.10.2026

Federal Court Blocks HUD Funding Cuts: What Seniors Need to Know

Update Federal Court Blocks HUD Funding Changes Affecting Seniors In a recent legal victory for advocates of older adults, a federal district court issued a preliminary injunction that halts the Department of Housing and Urban Development's (HUD) proposed funding cuts aimed at its primary homeless assistance program. The HUD's controversial plan sought to restructure the Continuum of Care (CoC) program by significantly reducing funding for permanent supportive housing (PSH), which could have dire consequences for older Americans—who represent the fastest-growing segment of the homeless population. The court's ruling serves as a temporary measure to provide stability as Congressional debate continues over the renewal of current CoC grants for another year. A renewed appropriation could not only ensure that vital support services remain funded but also offer a lifeline to older adults who depend on these resources for housing stability and support. Implications of the HUD Injunction for the Elderly With the rise in homelessness among seniors, the need for robust funding of PSH is critical. Advocates emphasize that the proposed cuts could potentially undo years of progress aimed at reducing elderly homelessness. Efforts to lobby Congress are now more crucial than ever, highlighting that funding for these support programs is not merely a budgetary item but a lifeline that affects the dignity and quality of life for many. House Passes Bill to Extend ACA Tax Credits: A Necessary Lifeline In another significant development for older adults, the House of Representatives approved a bill this week that extends the Affordable Care Act's enhanced premium tax credits (ePTCs) for an additional three years. This follows the expiration of the ePTCs on December 31, which led to drastically increased costs for many low- and moderate-income families seeking health insurance. By securing this extension, the House aims to alleviate some of the financial burdens on older adults who often face high healthcare costs. Despite the House's action, the bill still faces potential hurdles in the Senate. Advocates are urging constituents to contact their Senators to support this critical legislation to ensure that older adults and their families maintain access to affordable health coverage. As healthcare costs continue to escalate, the impact of this extension could be profound. Concerns Over Immigrant Data Sharing with DHS A recent ruling from the U.S. District Court for Northern California has authorized the sharing of certain Medicaid data between the Center for Medicare and Medicaid Services (CMS) and the Department of Homeland Security (DHS). This allows DHS to access information pertaining to some immigrant Medicaid enrollees. Critics worry about the potential consequences for vulnerable populations, especially older immigrants, who may hesitate to seek necessary medical care fearing repercussions related to their immigration status. This data-sharing decision underscores the ongoing ethical and practical debates regarding the intersection of healthcare access and immigration policy. It also affects approximately 20 states that have challenged this directive, posing challenges to the confidentiality and trust in healthcare systems. Medicare Legislation in the Spotlight Meanwhile, the discourse around Medicare continues to advance with recent hearings convened by the House Energy & Commerce Health Subcommittee focused on several bills that align with Justice in Aging’s priorities. One notable piece of legislation is the bipartisan Senior Savings Protection Act, which seeks to extend funding for outreach and enrollment assistance for low-income Medicare beneficiaries. The push for increased transparency in Medicare data through proposed legislation established by Rep. McClellan focuses on fostering an environment where beneficiaries can make informed choices without navigating complicated healthcare systems alone. These legislative efforts are vital in safeguarding the health and well-being of older adults. What This Means for Seniors The evolution of these legislative measures pinpoint a crucial moment in American policy as it pertains to the aging population. As the demographics shift, stakeholders from various sectors—including medical, housing, and legal—are ensuring that older adults remain at the forefront of policy considerations. By encouraging active advocacy and engagement, seniors and their families can influence the dialogue to protect and enhance the services they rely on. As you reflect on these changes, consider how they impact your community. It's vital that older adults remain empowered and informed about these issues. Your voice matters in the conversation about policies affecting housing stability and healthcare affordability. For further information on how to get involved in advocacy efforts, including writing your representatives about crucial legislation, visit the Coalition on Human Needs. Your actions can help drive change and ensure a robust support network for all seniors.

01.08.2026

Medicaid Estate Recovery's Burden: How It Deepens Poverty for Families

Update Unpacking Medicaid’s Estate Recovery: More Than Just PolicyIn a landscape where health care is fast becoming a battleground of economics and ethics, the current Medicaid estate recovery policies are a double-edged sword for vulnerable populations, particularly seniors and people with disabilities. Federal law mandates that states seek reimbursements from the estates of deceased Medicaid beneficiaries to cover certain costs. While the intention is to protect fiscal integrity within Medicaid, the implications are stark for families surviving loved ones who relied on this critical support system. Such policies, inadvertently, play a crucial role in perpetuating poverty and widening socioeconomic gaps.The Hidden Costs of Estate RecoveryTraditionally aimed at ensuring that Medicaid benefits are responsibly managed, estate recovery has, in practical terms, often led to unintended consequences. For many low-income families, the prospect of losing their family home can deter them from seeking much-needed Medicaid support. As a Missouri advocate poignantly stated, "Estate recovery asks [people] to make an impossible choice between their health and the financial security of their loved ones." The outcome here is not merely financial; it’s an erosion of familial legacies that could otherwise serve as a stepping stone for future generations.Disparities in Impact: Who Is Affected?Disparities emerge notably along racial and economic lines, as communities of color face compounded challenges. The Medicaid landscape reveals staggering statistics: 75% of seniors enrolled in Medicaid have net wealth of less than $48,500 at the time of death, with Black and Hispanic families typically holding even less. The ramifications are severe—families facing financial insecurities are often forced to liquidate assets, which undermines the ability to pass down wealth. The systemic barriers to wealth accumulation become even more pronounced in the context of familial wealth transfer, with other Medicaid beneficiaries fearing the repercussions of asset recovery. As emphasized in recent discussions and analyses, estate recovery creates a cycle that not only threatens immediate security but also destabilizes the long-term prospects of entire families.Actionable Insights: Advocacy and Changes on the HorizonThe conversation surrounding estate recovery is evolving. Recent proposals aim to modify or entirely eliminate these policies. Notably, H.R. 7573 would abolish estate recovery programs entirely, while H.R. 8094 seeks to protect the family home if transferred to eligible individuals or those under poverty thresholds. A growing coalition of advocates from various political backgrounds is joining forces to bring these issues to the forefront. Equity-driven solutions such as expanding hardship waivers or re-evaluating financial thresholds are essential steps toward mitigating the adverse effects of estate recovery.What Can You Do?For seniors and families navigating the complexities of Medicaid, understanding your rights and potential avenues for advocacy is paramount. Engage with local organizations focused on senior care and rights. Demand policy reforms to your state representatives and share personal stories to underscore the human impact of these laws. The more voices that join the chorus for change, the stronger the movement to create a more equitable health care system for all.

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