Justice in Aging Testifies in Congress on Importance of Medicaid and Nursing Home Staffing Standards

This past Tuesday, Eric Carlson, Justice in Aging’s Director of Long-Term Services and Supports Advocacy, testified as a witness for the House Ways & Means Subcommittee on Health hearing entitled After the Hospital: Ensuring Access to Quality Post-Acute Care.

As Eric told the committee, “two issues are the absolute top priority in ensuring access to quality post-acute care: 1) maintaining adequate funding for the Medicaid program, and 2) implementing the nursing facility staffing standards that were announced by the Centers for Medicare & Medicaid Services (CMS) last year.” 

A recent Congressional Budget Office report makes clear that the House’s budget resolution, which instructs the Energy & Commerce Committee to reduce spending by at least $880 billion, would require Congress to cut the vast majority of that funding from Medicaid.

Cuts of this magnitude would eviscerate access to long-term post-acute care, including Medicaid home- and community-based services (HCBS) and quality nursing home care.

The Senate’s budget resolution sets a lower floor for Medicaid cuts. However, it still sends a clear message that Republican senators are willing to eliminate the nursing facility staffing standards that researchers estimate will save the lives of 13,000 residents each year, as well as cut Medicaid funding to pay for tax cuts for billionaires and mass deportations. 

Read Justice in Aging’s statement for the record and watch a recording of the hearing, and then take action to protect Medicaid and nursing facility residents:

  • Call 1-866-426-2631 to tell Congress not to cut Medicaid or eliminate the nursing home staffing standards.
  • Use Consumer Voice’s tool to email your members of Congress about these issues.

Check out additional Justice in Aging resources on defending Medicaid.  

Centers for Medicare & Medicaid Services Rescinds HRSN Guidance

On March 4, CMS rescinded two guidance letters issued by the Biden Administration that outlined when state Medicaid programs could provide coverage for health-related social needs (HRSNs).

HRSNs include services such as housing and rent support, caregiver respite, utilities, home-delivered meals, and other interventions aimed at addressing unmet social needs that impact health outcomes.

Many states had applied for, and 18 states already received, CMS approval to cover HRSNs through their 1115 waivers and other Medicaid authorities.

While CMS did not rescind approvals of existing HRSN programs, it is likely any pending applications or future renewals involving HRSNs will be denied or restricted.

Justice in Aging will continue to monitor the implications of this policy change and provide updates to our network.

New Litigation to Restore Fair Housing Funding

Yesterday, fair housing groups filed a class-action lawsuit against the U.S. Department of Housing and Urban Development (HUD) to restore funding for fair housing grants provided to nonprofit agencies.

The Trump Administration recently canceled fair housing grants for nearly 70 agencies spanning 33 states.

The grants, provided through HUD’s Fair Housing Initiatives Program (FHIP), fund organizations to investigate housing discrimination; educate communities about fair housing rights; and provide help with or legal representation in fair housing cases.

FHIP agencies play a major role in the country’s fair housing enforcement system, and each year more than 70% of fair housing complaints are handled by FHIP organizations.

Read the legal complaint and use this resource from Just Security to track other legal challenges to the Trump Administration’s actions. Justice in Aging is also monitoring relevant litigation and will continue to share significant developments.

Update and New Resources on Language Access

Earlier this month, President Trump signed Executive Order (EO) 14224, declaring English as the official language of the United States and revoking a previous executive order issued under President Clinton in 2000. 

The previous order, EO 13166, required federal agencies to develop and implement plans for individuals with limited English proficiency (LEP) to meaningfully access federally conducted programs and activities. It also required all federal agencies to issue language access guidance for entities receiving federal funding. 

EO 14224 directs the Attorney General to withdraw guidance issued under the previous order and provide updated guidance. Importantly, however, the EO clarifies that federal agencies and entities receiving federal funding are not required to stop providing language access. 

Advocates should note that, regardless of the EO, a number of federal and state authorities continue to require language access for individuals with LEP. 

Learn more in Justice in Aging’s statement on EO 14224 as well as in a resource about the EO from the Asian Law Caucus, California Rural Legal Assistance, and the Legal Aid Foundation of Los Angeles.

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