Given the seriousness of the COVID-19 epidemic and its impact on seniors living in poverty, we are actively engaging with policymakers at every level to ensure their responses are prioritizing those at greatest risk of illness and death.

Here’s what we’re watching in Washington:

Congress Passes Third COVID-19 Response Bill Including Individual Stimulus Payments

This week, Congress passed a third coronavirus response package, the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act (H.R. 748). This includes a historic $2 trillion dollars in spending, including direct individual stimulus payments, expanded unemployment insurance, and investments in health care, housing, nutrition programs, and legal services. This Q&A from The Arc discusses who is eligible for the CARES Act stimulus payments.

Unfortunately, neither the CARES Act nor the Families First Act (H.R. 6201) passed last week directly address the most pressing needs for older adults and others who are at greatest risk from COVID-19, as outlined in our letter to Congress. As Congress moves to the next response package, Justice in Aging will continue to push for measures to expand SSI, Medicaid, Medicare, and other programs to meet the needs of low-income seniors whose lives are at stake.

Federal Court Orders Appeal Rights for Certain Medicare Beneficiaries on Hospital Observation Status 

Earlier this week, a federal court issued a decision in Alexander v. Azar, finding that certain Medicare beneficiaries who are placed on “observation status” at hospitals, rather than being admitted as “inpatients,” have the right to appeal to Medicare to challenge that status. The case is a nationwide class action that Justice in Aging co-counsels with Center for Medicare Advocacy and pro bono law firm Wilson Sonsini Goodrich & Rosati. Read more on the decision from the Center for Medicare Advocacy.

As a reminder, CMS has waived the 3-day inpatient hospital stay requirement to qualify for Medicare coverage of a nursing facility stay for those individuals who need to be transferred as a result of the effect of the COVID-19 emergency.

New National Center on Law & Elder Rights (NCLER) Resources

• Webinar Recording: Strategies for Providing Remote Legal Services to Older Adults
• Webinar Recording: Legal Challenges in Emergencies: Helping Older Adults Facing Public Health Emergencies & the Aftermath of Natural Disasters

New COVID-19 Guidance From the Department of Health & Human Services 

• Families First Coronavirus Response Act—Increased Federal Medical Assistance Percentage (FMAP) FAQs 
• Summary of Recent CMS Actions including guidance to private health plans on payment & grace periods, telehealth & prescription drugs
• $250 Million Families First Grants to States, Territories, & Tribes to Provide Meals for Older Adults
• Unsheltered Homelessness and COVID-19 Guidance from CDC

Stay up-to-date on Justice in Aging’s COVID-19 Resources for Advocates Serving Older Adults webpage.