Given the seriousness of the COVID-19 epidemic and evidence that low-income seniors of color are in greater danger due to systems of racism, 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:

Bill Introduced to Create a National Center for Anti-Racism  

On Thursday, Senator Elizabeth Warren (D-MA) and Representatives Ayanna Pressley (D-MA) and Barbara Lee (D-CA) introduced the Anti-Racism in Public Health Act of 2020. The bill would help expand research and investment into the public health impacts of structural racism and require the federal government to begin actively developing anti-racist health policy. The bill would create a National Center for Anti-Racism at the Centers for Disease Control and Prevention and a Law Enforcement Violence Prevention Program. 

Justice in Aging has endorsed this bill as part of the necessary work to fight systemic racism. Learn more in this one-pager summarizing the bill's provisions. 

A Second Judge Temporarily Blocks Parts of Trump Administration’s Changes to ACA Anti-Discrimination Rule

This week, the United States District Court for the District of Columbia granted a partial preliminary injunction blocking certain changes to the ACA Anti-Discrimination Rule, Section 1557. Specifically, the court blocked the Trump administration’s elimination of “sex stereotyping” from the definition of “discrimination on the basis of sex” and the incorporation of certain religious exemptions. In the 100 plus page opinion, the court, however, denied plaintiffs’ preliminary injunction with respect to other key parts of the rule, including the elimination of the prohibition on categorical coverage exclusions and the elimination of notice and taglines for individuals with Limited English Proficiency (LEP). The preliminary injunction is the second issued that blocks parts of the final rule. Earlier last month, a federal district court in the Eastern District of New York stayed the final rule’s repeal of the definition of discrimination on the basis of sex.

Read more about the changes to the Health Care Rights Law.

Florida Wants to Continue Cutting Retroactive Medicaid Coverage for Older Adults & People with Disabilities

Florida is once again trying to extend its Medicaid waiver that eliminates the federal protection that provides up to three months of retroactive Medicaid coverage for new applicants. The Florida Agency for Health Care Administration (AHCA) is seeking a two-year extension of its 1115 Managed Medical Assistance (MMA) Waiver, which would extend the waiver approval period through June 30, 2024. This extension request includes the waiver of retroactive Medicaid eligibility. Without this protection, Medicaid coverage for seniors, people with disabilities, and non-pregnant adults in Florida cannot start any earlier than the first day of the month of application. 

We need your help to try to stop CMS from approving this extension by demonstrating that cutting retroactive eligibility is harmful to older Floridians and others who have significant or unexpected health care needs. The federal public comment period is open through September 11, 2020. You can use this template letter focusing on older adults or this comment form.

New Justice in Aging Resources

• Comments on the Administration for Community Living Strategic Framework for Action (8/31)

Upcoming Webinars: 

• Combating Discriminatory Crisis Care Standards (9/16)
• Rollbacks in the Health Care Rights Rule and Related Litigation (9/22)

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