As the only national legal organization focused on advancing equity and protecting the rights of low-income older adults, we are uniquely positioned to drive change through the courts. Our attorneys have a deep understanding of the intricacies of the complex health care and economic security programs that low-income older adults rely on and know when barriers to services violate their rights.
When developing litigation, we partner with advocates on the ground who help us identify and monitor serious systemic issues that impact groups of low-income older adults. We then partner with those on-the-ground advocates and our pro-bono partners from top law firms across the country to file and win cases that bring justice to large groups of plaintiffs.
Throughout our more than 50 year history we have litigated landmark cases that provide sweeping relief to low-income older adults across the country, leading to the return of billions of dollars worth of vital benefits.
People with Limited English Proficiency (LEP) have a right to language assistance services when they visit a health care provider. Yet in the waning days of the Trump Administration, the federal government eliminated protections for LEP individuals in health care.
A federal appeals court ruled that this national class of plaintiffs can appeal to the Centers for Medicare and Medicaid Services (CMS) when their hospital stay classifications are changed from “inpatient” to “observation status.
The Social Security Administration’s (SSA) failure to timely process appeals causes extremely low-income older adults and adults and children with disabilities who receive Supplemental Security Income (SSI) to lose all or some of their vital income.
Justice in Aging filed these amicus briefs with the Center for Medicare Advocacy, SAGE, and pro bono counsel Stinson LLP. The briefs urge the Fifth Circuit to consider the discriminatory barriers to accessing health and long-term care transgender older adults will face if the lower courts’ preliminary injunctions stand. The preliminary injunctions bar the inclusion of discrimination on the basis of gender identity as a form of sex discrimination in the Department of Health and Human Services’ (HHS) final rule implementing Section 1557 of the Affordable Care Act.
Justice in Aging joined this amicus brief filed by AARP along with the Center for Medicare Advocacy and the Medicare Rights Center urging the federal court to reject claims filed by the pharmaceutical company, AstraZeneca, contending that the Medicare drug negation is unconstitutional. In August, the Department of Health and Human Services (HHS) announced the first 10 drugs that would be subject to negotiations with Medicare as part of the Inflation Reduction Act. This list included the drug Farxiga, a diabetes medication distributed by AstraZeneca.
Justice in Aging joined this amicus brief filed by the National Health Law Program along with Legal Aid Society of San Mateo County. Plaintiffs in this case claim that California’s low reimbursement rates in Medicaid lead to less access to care for low-income individuals in California compared to people enrolled in other forms of health insurance coverage. The subject of this amicus brief is on whether payments for Long Term Care (LTC) Medicaid can serve as a proper comparator to payments for Medicaid physician services in a case alleging discrimination in the program.
