From DC is Justice in Aging’s weekly roundup of national news and resources about issues impacting older adults. To receive From DC in your inbox as soon as its published, sign up for our mailing list.
Here’s what we’re watching in Washington:
Sign-On Opportunity to Preserve the CARES Act 30-Day Eviction Notice Requirement
Advocates are working to prevent Congress from repealing the CARES Act’s 30-day eviction notice requirement. Under the CARES Act, landlords must provide tenants living in federally-assisted or federally-backed properties at least 30 days’ notice before filing for eviction in nonpayment cases. This notice period is significantly longer than those required under most state and local landlord-tenant laws.
However, the Respect State Housing Laws Act (RSHLA) – championed by the housing industry – seeks to end the CARES Act notice requirement.
Organizations can urge Congress to oppose the RSHLA and preserve crucial eviction protections by signing on to this letter, led by the George Washington Law School’s Health Equity Policy & Advocacy Clinic. The deadline to sign on is January 10, 2025, and the letter is open to national, state, and local organizations.
HUD Issues Final Rule on 30-Day Notice for Nonpayment of Rent Cases
The U.S. Department of Housing and Urban Development (HUD) recently issued a final rule that requires public housing authorities (PHAs) and HUD-assisted owners to provide at least 30 days’ notice before terminating leases due to nonpayment of rent.
Importantly, this new rule also establishes the right to cure nonpayment within the 30-day notice period. In response to comments by Justice in Aging and others, HUD revised this final rule to make clear that PHAs and owners must not file for eviction if a tenant pays their rental arrears within the 30 days.
Moreover, the new rule requires 30-day notices to include instructions on how tenants can request hardship exemptions or take other actions to address nonpayment issues.
Justice in Aging strongly supports HUD’s final rule, which will prevent unnecessary evictions for older adults and people with disabilities. Learn more about Justice in Aging’s advocacy on housing and homelessness prevention.
HHS Outlines Key Requirements for Effective Language Access
Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) issued a letter to health care providers and plans about how to comply with new language access regulations under the Health Care Rights Law (Section 1557 of the Affordable Care Act).
These rules are important for older adults, as a new HHS data snapshot shows that nearly 1 in 10 Medicare enrollees, and 50% of Hispanic and Asian enrollees, have limited English proficiency (LEP).
The HHS OCR letter provides examples of the steps that providers, plans, and other entities subject to Section 1557 must take to ensure meaningful access for individuals with LEP, including translating important documents and providing interpreters free of charge. It also addresses issues such as interpreter and translator qualifications, automated translations, and non-reliance on minor children or other unqualified individuals to interpret.
Justice in Aging encourages advocates to share the HHS OCR letter with providers. Advocates can also learn more about the Health Care Rights Law in our fact sheet and webinar about Section 1557.
If your clients experience discrimination in accessing health care, Justice in Aging is available to assist with filing a complaint with HHS OCR.
CMS Releases LTSS Expenditure and User Report
The Centers for Medicare and Medicaid Services (CMS) released new reports analyzing 2022 long-term services and supports (LTSS) user and expenditures data, highlighting state efforts to shift funding from institutional care to home and community-based services (HCBS). Notably, due to state variation in the quality of the underlying data, this analysis likely undercounts LTSS and HCBS use.
Justice in Aging continues to work with CMS to improve state reporting of data and subsequent analysis to ensure future reports more accurately reflect the realities of LTSS use and expenditures nationally.
Our partners at the Community Living Equity Center (CLEC) also recently launched a new Community Living Equity Dashboard providing data on disparities in access to LTSS and HCBS. Learn more about this new tool during a CLEC webinar on January 16, 2025.
New Justice in Aging Resources
- Fact Sheet: Two New California Policies Simplify Access to Medicare Financial Assistance (12/19)
- Fact Sheet: Cutting Medicaid Harms Older Adults No Matter How It’s Sliced (12/18)
- Blog: Important Update: Medicare Enrollees Could Lose Financial Assistance for Drug Costs if They Do Not Act (12/12)
- Fact Sheet: New CMS Nursing Facility Guidance Confirms Rights to Reject Medications and Avoid Improper Financial Liability (12/5)
- Fact Sheet: Advocating for Older Adults in 2025 – Health and Long-Term Services & Supports (12/4)
- Fact Sheet: Advocating for Older Adults in 2025 – Economic Security & Housing (12/4)
- Blog: Four Areas Where Older Adults Need our Advocacy in 2025 (11/19)
Upcoming Justice in Aging Webinars
- Equitable Guardianship Reform: Recommendations for Advancing Equity in the Guardianship System (1/14)
Justice in Aging Webinar Recordings
- The New Medicaid Access Rule: Primer and Advocacy Strategies (12/17)
- Protecting Older Homeowners from Wrongful Foreclosure and Predatory Lending Scams (12/5)
New from the National Center on Law & Elder Rights (NCLER)
On January 9, NCLER will present a webinar providing an Update on Social Security Overpayment Policies. In 2024, the Social Security Administration (SSA) made major changes to its policies on overpayments. This training will review recent changes to various overpayment policies, with a particular focus on the waiver application process. Learn more and register.
