Medicaid At Risk Under New Congressional Leadership

As the 119th Congress gets underway, reports in the news show that Medicaid funding and eligibility cuts are on the table. Republicans are seeking to leverage their narrow majorities in both chambers and use the budget reconciliation process to bypass the Senate’s 60-vote threshold.

Some lawmakers are putting forth Medicaid “reform” proposals to include in budget reconciliation that aim to take funding away from states and restrict eligibility through work requirements and other means. As Justice in Aging’s new fact sheet explains, any of these cuts would result in older adults losing access to health and long-term care.

It is important that both Democrats and Republicans in Congress hear that Medicaid is a lifeline for older adults and cannot be sliced or diced without causing them harm. Call (202) 224-3121 to tell your members of Congress to oppose any cuts to Medicaid.

Federal Agencies Issue Clarifying Guidance on Medicare Advantage Flex Cards

Medicare Advantage (MA) plans can offer enrollees supplemental benefits through pre-paid debit cards or “flex cards” that can be used to pay for health care and other daily expenses. Federal agencies have clarified how these benefits impact eligibility for public benefits.

Recent U.S. Department of Agriculture guidance outlines how MA supplemental benefits are excluded as income for Supplemental Nutrition Assistance Program (SNAP) eligibility. Social Security Administration guidance similarly clarifies that MA benefits should not be counted as income for the Supplemental Security Income (SSI) program.

Last week, the Centers for Medicare & Medicaid Services (CMS) confirmed in a letter responding to a congressional inquiry that MA supplemental benefits issued through a debit card should not be treated differently than other supplemental benefits for the purposes of public benefit eligibility. Most recently, The U.S. Department of Housing and Urban Development (HUD) released an FAQ on HUD-assisted Housing and Medicare Advantage Supplemental Benefits. This FAQ describes how MA benefits that are used to pay for rent and utilities may affect a person’s HUD benefits.

Justice in Aging will be developing further education on flex cards. Advocates can also weigh in on the marketing of flex cards in the 2026 proposed Medicare Part C and D rule. Justice in Aging has template comments addressing this issue and other parts of the proposed rule. Comments are due January 27, 2025.

2025 Federal Poverty Guidelines

The U.S. Department of Health and Human Services (HHS) has released new federal poverty guidelines that are used to determine eligibility for Medicaid and other programs, such as the Supplemental Nutrition Assistance Program (SNAP).

In 2025, the federal poverty guideline (often referred to as FPL) is $15,650 for an individual and $21,150 for a two-person household. HHS’s website has charts showing the guidelines for different household sizes and percentages of FPL, as well as the adjusted guidelines for Alaska and Hawaii.

Justice in Aging previously shared additional information about Medicaid, Medicare Savings Program, and Medicare Part D Low-Income Subsidy eligibility standards in 2025.

DOJ Access to Justice Prize

The U.S. Department of Justice (DOJ) Office of Access to Justice is launching the Access to Justice Prize, a nationwide competition to spur innovative solutions to closing the justice gap and achieving equal access to justice for all.

The theme for the 2025 Prize is “Closing the Rural Justice Gap,” and DOJ is seeking proposals that address access to justice challenges in rural communities. The competition is open to nonprofit and community-based organizations, academic institutions, and government agencies.

Finalists will receive $5,000, and the winner will receive $50,000. The deadline for applications is March 31, 2025.

New Justice in Aging Resources

Upcoming Justice in Aging Webinars

Justice in Aging Webinar Recordings

New from the National Center on Law & Elder Rights (NCLER)

On January 21st, NCLER will host a training on Elder Abuse Representation 101: Case and Client Management. This is the first training in a three-part series designed to provide legal and elder rights practitioners with the basic tools and civil legal strategies needed to help older adults who have experienced abuse. This webinar will focus on case and client management. Learn more and register.

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