PUBLICATIONS

Justice in Aging publishes frequent issue briefs, reports and advocate’s guides that help on-the-ground advocates assist low-income older adults and persons with disabilities deal with often complex challenges related to federal and state benefits programs. Many of the issue briefs are also reflected in our ongoing, free webinar trainings. To ensure that you receive updates on the latest reports or trainings, sign up for our health or income network alerts.

Issue Briefs & Fact Sheets

Fact Sheet: Make the Expanded Spousal Impoverishment Protection Permanent

By | FACT SHEET, Health Care, Home & Community Based Services, Medicaid, REPORTS

Married seniors and adults with disabilities overwhelming want to live at home and age in place. Increasingly, federal and state Medicaid rules have prioritized home and community-based services (HCBS) which allow people to stay in their homes and in their communities. Congress recently helped these efforts by expanding a Medicaid eligibility rule, known as the spousal impoverishment protection, to individuals eligible for HCBS. The protection makes it possible for an individual who needs a nursing home level of care to qualify for Medicaid while allowing their spouse to retain a modest amount of income and resources. However, the expansion of the spousal impoverishment protection is set to expire on March 31, 2019 unless Congress acts. This means that individuals who qualified under the expanded protection may lose access to Medicaid and to their HCBS and may be left with no choice but to move into institutional long-term care, away from their spouses.

Letting the spousal impoverishment protection expire will hurt families and force more people out of their homes and their communities. We urge Congress to make the expanded spousal impoverishment protection permanent so seniors and people with disabilities can age in place and with dignity.

Justice in Aging has created a fact sheet on the importance of the expanded HCBS spousal impoverishment protection and calling on Congress to make it permanent so seniors and people with disabilities can age in place and with dignity.

Guide: 25 Common Nursing Home Problems and How to Resolve Them

By | Advocate's Guide, Nursing Homes, Person-Centered Care Planning, REPORTS

Learn to spot and resolve the most common problems

The 25 problems identified in this guide are common across the country and in all types of nursing homes. Even supposedly “good” nursing homes often follow standard procedures that violate federal law and put residents at risk.

This reader-friendly guide gives residents, family members, friends, and other advocates the tools they need to identify and solve the problems residents most frequently face. Whether you’re fighting an eviction, seeking a personalized care plan, or being pressured to sign an arbitration agreement, this guide will give your advocacy teeth to ensure that you, or a resident you’re advocating for, receive the high quality, person-centered care that the law requires.

Get the Guide

Issue Brief: Creating an Oral Health Benefit in Medicare

By | ISSUE BRIEF, Medicare, Oral Health, REPORTS

Fewer than half of older adults have access to oral health care each year. One in five older adults has untreated tooth decay and 70 percent have gum disease. Poor oral health and lack of access to health care are even more acute for low-income seniors, seniors of color, and rural seniors. Because oral health is an integral part of overall health and untreated dental problems can cause and/or exacerbate other serious health issues, it is critical to expand older adults’ access to oral health care.

Because all older adults rely on Medicare for their health care needs, integrating oral health benefits into Medicare Part B is the most effective way to deliver comprehensive benefits to all Medicare beneficiaries. Justice in Aging’s statutory analysis shows how such a benefit could be structured and where statutory language could be changed to accommodate such a benefit.

Read the Brief

Fact Sheet: Medicare Plan Enrollment Changes for Dual Eligibles and Low-Income Subsidy Recipients in California

By | CA Health Network Alert, FACT SHEET, Health Care, Medicaid, Medicare

The Centers for Medicare and Medicaid Services (CMS) issued new rules that limit enrollment and disenrollment from Medicare Advantage and Part D prescription drug plans for low-income Medicare beneficiaries. Previously, dual eligibles – individuals with Medicare and Medi-Cal coverage – and beneficiaries who receive the low-income subsidy (LIS) to make Part D prescription drug coverage more affordable could make enrollment changes any time throughout the year. The new rule, which became effective January 1, 2019, limits enrollment changes to once per quarter.

Justice in Aging has created a factsheet that explains these changes in detail and how they impact low-income Medicare beneficiaries in California.

Special Reports

Unique Legal Needs of Low-Income LGBT Seniors

The intersection of poverty and discrimination creates an array of unique legal needs for older LGBT individuals. A new Special Report by Justice in Aging, produced in partnership with Services and Advocacy for Gay, Lesbian, Bisexual, & Transgender Elders (SAGE), offers an overview and practical tips for legal aid organizations seeking to serve this population. The Report, How Can Legal Services Better Meet the Needs of Low-Income LGBT Seniors? is accompanied by a short video that highlights the diversity of the LGBT community and the gaps in equality its members face as they age.

READ THE REPORT

Homeless Among Older Adults

More older adults are homeless or at risk of homelessness than at any time in recent history. This special report, How to Prevent and End Homelessness Among Older Adults, created in partnership with The National Alliance to End Homelessness, outlines the problem and recommends policy solutions that can be put in place now to ensure that all older adults have a safe place to age in dignity, with affordable health care, and sufficient income to meet their basic needs.

READ THE REPORT

Advocacy Starts at Home

In this report, Advocacy Starts at Home: Strengthening Supports for Low-Income Older Adults and Family Caregivers, Justice in Aging draws the connection between fighting senior poverty, supporting caregivers, and the services needed to help older adults. The stress and expense of caregiving will touch every one of us at some point in our lives, but it can be devastating for poor families. In the paper, we identify clear solutions that will benefit everyone, while providing poor families with the basic support system they need to ensure that older adults in their families can age at home in dignity.

READ THE REPORT

Articles & Op-Ed

How Legal Aid Programs Can Address the Growing Problem of Senior Poverty

Legal aid organizations can play a critical role in securing the rights and benefits of the increasing number of older adults living in poverty. Justice in Aging attorneys Jennifer Goldberg, Fay Gordon, and Kate Lang authored a Special Feature for Management Information Exchange for Legal Aid (MIE) offering suggestions to help legal aid organizations structure their services to have the most impact, reach older adults with the greatest need, and increase their organizational capacity to serve low-income older adults.

READ THE ARTICLE

Medicaid and Supplemental Security Income Eligibility: Time for a Tune-Up

Medicaid and SSI are two essential programs that fight senior poverty by ensuring that low-income older Americans can meet their basic needs and maintain their health. In operation for 50 years (Medicaid) and 40 years (SSI), these workhorse programs are indispensable for seniors. But as the population ages and income inequality increases, both programs need retooling to improve benefits and increase access for more people who need them.

Justice in Aging attorneys Georgia Burke, Jennifer Goldberg, and Kate Lang published Medicaid and Supplemental Security Income Eligibility: Time for a Tune-Up,” in the spring issue of the National Academy of Elder Law Attorneys (NAELA) Journal.

READ THE ARTICLE

New national center aims to enhance legal services for older adults

Early this year, Justice in Aging will launch the new National Center on Law and Elder Rights (NCLER). We are pleased to introduce the aging network to NCLER, a destination for legal and aging advocates who need legal resources to better serve older adults.

Read more from Justice in Aging attorney Fay Gordon in the op-ed New national center aims to enhance legal services for older adults,” from the January-February issue of Aging Today – the bimonthly newspaper of the American Society on Aging.

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Balance billing: a tragic trend that is hurting our poorest elders

Every time I visit the doctor I get a bill for $15.27. I know I should not be receiving these, but I don’t want to ‘rock the boat.’ The doctor is in walking distance, so I don’t need to take public transportation. That saves me a lot because my income is only $329 a month. I ultimately do not know what I should and shouldn’t pay. I really feel anxious. I do not know what is going to happen with my healthcare.

I received two bills that I know I should not have received. I was sick and I needed the care, so I just paid them.

These stories reflect a growing trend of poor older adults being illegally billed for healthcare services covered by Medicare and Medicaid.

Read more from Justice in Aging’s Eric Carlson and Fay Gordon in the op-ed Balance billing: a tragic trend that is hurting our poorest elders,” from the May-June 2016 issue of Aging Today – the bimonthly newspaper of the American Society on Aging.

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