Free Webinar: Changes to the Rule Implementing the Health Care Rights Law and the Impact on Older Adults

By | Health Care, WEBINAR, Webinar Trainings

When: Wednesday, July 10, 2019 11 am-12 pm PT/2-3 pm ET​

The Trump Administration has published a proposed rule to eliminate key nondiscrimination protections under the Health Care Rights Law (Section 1557 of the Affordable Care Act) for LGBTQ seniors, people with limited English proficiency and others in health care settings. If finalized, this rule change would increase the likelihood that older adults would experience discrimination in accessing health care and make it harder for them to seek redress in the face of that discrimination.

This webinar, Changes to the Rule Implementing the Health Care Rights Law and the Impact on Older Adults, begins with an overview of the Health Care Rights Law. It then discuss the Trump Administration’s proposed changes to the regulations implementing the law and the ways in which those changes would be particularly harmful to older adults. As outlined in our new resource, “Five Frequently Asked Questions about the Health Care Rights Law and Proposed Changes,” those changes include attempting to eliminate the rights of LGBTQ seniors, rolling back protections for limited English proficient (LEP) older adults, and limiting the way that victims of any type of discrimination can seek redress under the law.

The proposed rule is open for a 60-day public comment period through August 13, 2019. In the coming weeks, Justice in Aging will add resources and tools to this page to help advocates respond. 

Who should participate:
Aging and legal advocates, advocates serving LGBTQ and LEP communities, community-based providers, health plan leaders, and others wanting to learn more about changes to the regulations implementing the Health Care Rights Law and the impact on older adults.

Denny Chan, Senior Staff Attorney, Justice in Aging
Natalie Kean, Senior Staff Attorney, Justice in Aging


Justice in Aging Statement on Affordable Care Act Decision in Texas

By | Statements

Last Friday, a Federal District Court in Texas issued a decision declaring the Affordable Care Act (ACA) in its entirety unconstitutional. The judge’s reasoning has been widely criticized and legal scholars contend that it is unlikely the decision will be upheld on appeal. Nevertheless, the ruling sowed confusion and uncertainty on the eve of the ACA Marketplace enrollment deadline and furthers the harm caused by the Trump Administration’s and Congress’s actions to undermine the ACA.

If the ruling were to stand, the implications for older adults would be catastrophic. Over 4.5 million older adults age 55-64 who have coverage through the Marketplaces and Medicaid expansion would lose access to health care. For millions more, health care would become either unaffordable or unattainable because health insurance companies would again be permitted to charge older adults more based on age and deny coverage to the 8 out of 10 older adults with a preexisting condition.

The ACA’s Medicare provisions would also be rolled back. Medicare enrollees would face higher prescription drug costs and out-of-pocket spending on preventive services that are currently free pursuant to the ACA. Further, the savings from the ACA that extended the life of the Medicare trust fund would be eliminated, placing Medicare at risk for dramatic cuts through the budget, vouchers, and privatization. These are costs that seniors simply cannot afford.

Despite the judge’s ruling, the ACA remains the law today and older Americans can continue to rely on the ACA’s protections and coverage. By joining together, we have successfully prevented previous attempts strike down the ACA. That fight continues to ensure older adults have access to affordable and quality health care as they age.

FREE WEBINAR: Medicaid, the AHCA and Older Adults

By |

Medicaid is under attack from all directions. From the proposal to impose cap Medicaid funding in American Healthcare Act (AHCA) and the drastic cuts proposed to Medicaid in the Trump Administration’s budget proposal, the threats to Medicaid are widespread. For older adults, Medicaid is a lifeline that ensures access to critical medical care and long-term services and supports. Slashing Medicaid would impact the entire health care system, including for those who have Medicare.
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Ensuring Consumer Protection For Dual Eligibles in Integrated Models

By | Affordable Care Act, DUAL ELIGIBLES, Health Care, ISSUE BRIEF, Medicaid, Medicare

This paper is the first in a series of four papers designed to highlight pressing issues facing dual eligibles and provide recommendations to the Medicare-Medicaid Coordination Office, state Medicaid agencies and other interested policymakers and stakeholders on how to address them. The first paper provides recommendations for consumer protections in delivery system models that integrate Medicare and Medicaid. Future papers with focus on differences between Medicare and Medicaid program rules and coverage standards, ideas for integrating the appeals systems of the two programs, and opportunities for improving the delivery of the Qualified Medicare Beneficiary (QMB) benefit.