Denny Chan: All proper everybody, thanks for coming to right this moment’s webinar. Hiya and comfortable Delight Month. This can be a time to honor and rejoice LGBTQ communities throughout the nation, however this 12 months’s Delight Month could really feel totally different, because the federal administration seeks to roll again rights for LGBTQ people and others. However regardless, thanks for becoming a member of us for right this moment’s vital matter.
At this time’s webinar is entitled Points Going through LGBTQ Older Adults in 2025 and past. I’m Denny Chan, managing director for fairness advocacy right here at Justice in Growing old, and I take advantage of he/him/his pronouns. I’m comfortable to be joined right this moment by Cam Cote, Josh Dubensky, and Aaron Tax from SAGE, in addition to Kell Olson from Lambda Authorized, and I’ll be each moderating and co-presenting on right this moment’s webinar.
Just some logistical notes earlier than we get began. Once more, welcome to all of you for coming. You might be all on mute, however we do welcome your participation in right this moment’s presentation by way of the Q & A operate within the Zoom management panel. Additionally, obtainable on that panel is the CC button, which permits closed captioning.
I’ll be watching the participant questions as they arrive in all through the webinar, and we’ll uplift high-level themes in the course of the Q & A phase on the finish of right this moment’s presentation. Any questions unanswered within the webinar right this moment might be addressed through electronic mail following the conclusion of the presentation. You may as well use the Q & A operate if you happen to want technical assist with Zoom, and our workers will do their perfect to help you.
At this time’s webinar is being recorded, and after the conclusion of this webinar, the slides and the recording might be obtainable on our web site at justiceinaging.org, and will probably be emailed to all registrants. We, after all, would admire if you happen to take part and full our post-webinar survey that can pop up in your display screen following the shut of the webinar right this moment.
All proper, Justice in Growing old, in case you haven’t heard of us, we’re a nationwide authorized advocacy group that makes use of the facility of legislation to battle senior poverty, and we accomplish that by securing entry to reasonably priced healthcare, financial safety, and the courts for older adults with restricted sources. Since 1972, we’ve got targeted our efforts on these older adults who’ve been marginalized and excluded from justice. And with that, I’m going to go it to Aaron who will discuss a bit about SAGE.
Aaron Tax: Hey everybody. So I’m Aaron Tax, I take advantage of he/him pronouns, I head of presidency affairs for SAGE and a bit of bit about SAGE. We’re the nation’s largest and oldest group devoted to enhancing the lives of LGBTQ+ older people. We have been based in New York Metropolis in 1978, and that’s the place we do most of our direct social providers work.
We now have 4 LGBT-friendly senior facilities, two low-income LGBT-friendly residence buildings, an entire bunch of direct case administration people on workers. We additionally present direct providers in South Florida, too. We now have our nationwide LGBT Elder Housing Initiative, our federally-funded Nationwide Useful resource Heart on LGBT Growing old, which we’ll get into a bit of bit later. And our Sage Care Coaching program, which we’ll reference as properly. So thanks a lot to Denny and Justice in Growing old for internet hosting right this moment.
Denny Chan: Thanks, Aaron. I’m going to go it to Kell to speak a bit about Lambda Authorized.
Kell Olson: Hello. Thanks all for having me right this moment. Lambda Authorized has been round for simply over 50 years now, and we’re a nationwide authorized group working to realize the total recognition of the civil rights of LGBT individuals and everybody dwelling with HIV. We do that by way of various methods, together with schooling and coverage, however we’re most well-known for our litigation work within the courts. And that’s what I’ll be specializing in right this moment, is simply speaking about how nationwide litigation efforts are affecting and defending older adults.
I’ll point out right here briefly, as a result of it gained’t be a subject we’ll get into later, that we additionally do have a authorized assist desk at lambdalegal.org. When you scroll all the best way right down to the underside of our most important web page, you’ll see a hyperlink for that, the place we offer info and sources, not direct authorized recommendation, however info and sources for individuals on authorized points. And that assist desk additionally for us helps us acquire and know what points individuals are involved and dealing with, and that may inform and join individuals to our litigation as properly.
Denny Chan: Thanks, Kell. Yeah, that’s a superb shout out. If all of you will have points once you’re working with LGBTQ older adults, be sure that to get in contact with that hotline in order that we all know what these points are and may finest enable you to. All proper, a bit of bit extra about Justice in Growing old and our dedication to advancing fairness.
We’re dedicated to advancing fairness for low-income older adults in financial safety, healthcare and different justice initiatives. We actually search to handle the enduring harms and inequities brought on by systemic racism, and really appropriately for right this moment, different types of discrimination, like homophobia, that uniquely influence low-income older individuals in marginalized communities. And that dedication begins right here at house. We actually attempt our greatest to recruit, retain, and assist a various workers and board throughout many various axes of range.
All proper, we’ve got yet one more slide earlier than we get to the meat and potatoes. We at Justice in Growing old produce a wealth of knowledge, just like the webinar you’re viewing right this moment, together with a lot of different sources, truth sheets, concern briefs, alerts, and different supplies to maintain you updated with vital, each federally and in states.
In case you are not already a member of our community, we encourage you to affix by going to our web site and signing up, or just emailing information@justiceinaging.org. Thanks very a lot, we’re seven minutes in, for sticking with us for that background info. We’re going to transition now to right this moment’s webinar. And earlier than we get began, I’m going to present you only a temporary define of what you possibly can count on to listen to right this moment.
So first, we’re going to be speaking from a extremely high-level, some background on who’re LGBTQ older adults. Then we’re going to listen to from Kell who will discuss a bit concerning the authorized rights and claims impacting LGBTQ older individuals. I’ll come again and do some rising points in Medicare, Medicaid and social safety.
You’re going to listen to from the SAGE crew on an replace across the Older Individuals Act and the Equal Entry Rule. After which time allowing, we’re going to get to some questions and solutions. And so with out additional ado, I’m going to transition now and go to our part on LGBTQ older adults.
So who’re LGBTQ older adults? I’m assuming if you happen to’ve joined us for our webinar right this moment, you will have some background, however we wished to guarantee that people are beginning off with the identical web page. So, based mostly on some research, and I’ll say that there nonetheless must be much more analysis and knowledge assortment round LGBTQ older individuals and LGBTQ communities on the whole, however based mostly on one of the best that we all know, roughly 2.7 million LGBTQ people are over the age of fifty, and 1.1 are 65 and older.
As you possibly can think about, as older adults or people who’re getting old, they reside with the legacy and influence of discrimination, practically one third reside at or beneath 200% of federal poverty. And these charges sadly are even increased once you take a look at the intersectional discrimination. So, for individuals of coloration, older people who’re 80 plus and transgender older adults, all of these teams expertise even increased charges of poverty due to that intersectional discrimination.
LGBTQ older adults are twice as prone to be single and reside alone. And we’ll discuss a bit of bit extra about how that may influence a few of the methods wherein they get care or have to get care, and they’re 4 instances as prone to have kids.
So this provides you form of a short snapshot of who we’re speaking about. In fact, there’s super range inside the LGBTQ neighborhood, even amongst those that are getting old, however this provides you a baseline. And with that, we’re going to go it to Kell to speak extra about authorized rights and claims impacting LGBTQ older individuals.
Kell Olson: Thanks, Denny. And you’ll simply grasp on this slide for a minute. So, Denny’s introduction about who LGBTQ older adults are is de facto important to what I’ve chosen to speak about right this moment. There are, after all, numerous issues happening within the courts proper now. There are numerous headlines on the market. There are lots of of circumstances attempting to defend in opposition to overreaches of energy which are intruding on a lot of our lives, together with in areas that disproportionately have an effect on LGBT individuals.
However right this moment, I’d actually wish to concentrate on one space that impacts older adults powerfully, which is the funding of social providers and medical providers nationwide. And naturally, Denny has simply highlighted the influence on our communities specifically of reducing again of these sorts of packages.
Earlier than I try this although, I’m recognizing that we’re popping out of final week the place we had a really high-profile LGBT rights case in entrance of the Supreme Court docket that got here down. So I’ll simply contact on that actually briefly in case people are interested by how that does and doesn’t have an effect on this inhabitants.
So, final week america Supreme Court docket issued its opinion in america versus Skrmetti, and in that case was targeted on a problem to a ban in opposition to gender-affirming take care of transgender minors popping out of the state of Tennessee. And that is coping with a wave of state-based assaults that we had as of a few years in the past, not with the present assaults coming from the federal administration.
And so what that case did in permitting that ban in opposition to gender-affirming care from Tennessee to go ahead, was actually to talk to how we classify legal guidelines about proscribing healthcare specifically, and specifically for minors. So it did threaten the check for healthcare usually, and foreboded some issues that we’re involved about so far as healthcare extra broadly for all ages, however there have been actually vital exceptions that the courtroom carved out.
And it took pains to slender its resolution greater than the choice it was reviewing from the courtroom slightly below it, which actually tried to assault how we take a look at legal guidelines that concentrate on LGBT individuals in all areas of legislation. The Supreme Court docket as a substitute stated, “We’re solely speaking about this medical context and the context of minors, and the place the proof lies at this level on that kind of care.”
So it nonetheless left numerous instruments obtainable for us. For instance, when legal guidelines are handed as a pretext, that form of seem like they’re concentrating on healthcare however are actually concentrating on transgender individuals, for instance, that these legal guidelines are nonetheless suspect, and that legal guidelines which are pushed by animus are additionally suspect, and the courtroom didn’t attain any of these issues. So it leaves numerous instruments within the toolbox for a way we’re speaking about these legal guidelines and the place they do run up in opposition to the boundaries of our constitutional and authorized rights.
The courtroom didn’t have an effect on any legal guidelines exterior of healthcare restrictions. It did depart intact these instruments. There have been some present concurrences from justices that weren’t within the majority that might have gone farther and attacked extra broadly our communities. And so we simply need to observe at this level that that’s the place we’re, that issues will proceed to unfold.
Going again to the funding circumstances for a second. When you hear something within the information about most of these circumstances, it’s that there are assaults on government-funded packages, after which we typically, popping out of the courts, hear about whether or not these legal guidelines have been or efforts have been blocked or not within the courts. We don’t usually have a public dialogue about how these efforts are challenged in courtroom and the way that differs from what we do within the coverage realm that we’re going to be speaking loads about for the remainder of right this moment.
And so, I believed it will be a helpful use of a brief time frame right here, fairly than simply summarizing a bunch of circumstances, to speak about what sort of authorized claims we are able to carry to problem efforts to assault social providers and funding.
So, upon taking workplace in January 2025, the present presidential administration issued a collection of government orders blacklisting analysis on range, fairness, inclusion, and different forbidden matters, and directing the termination of beforehand issued analysis grants. The orders additionally extra broadly directed businesses to interact in a large scale termination of grants masse as now not assembly company priorities. And numerous these grants have been terminated with out particular person clarification for why the actual grant fell below that umbrella.
These assaults and cuts have been extra aggressive than numerous us actually anticipated going into this administration. As a result of what we’ve seen up to now numerous instances, is that precedence shifts occur progressively and will have an effect on future grants, however to have a direct termination of grants which have already been issued, and in ways in which undermine statutes and priorities which have already been put into place, was very aggressive and surprising.
So, many people and organizations, together with most of the circumstances we’ve introduced by way of Lambda Authorized on behalf of organizations and other people have been pushing again within the courts. So for instance, there are circumstances difficult the termination of lots of of hundreds of {dollars} in NIH grants for analysis geared toward enhancing the well being of LGBT individuals, together with some research on getting old, and naturally the sudden termination of federal funding to social providers and medical organizations.
And most of these assaults have been based mostly on these DEI and gender order, the gender order that I haven’t actually talked about, government order outlined gender ideology in a approach to primarily say that the present administration’s coverage aim is to not observe the existence of transgender individuals as legitimate or true, for instance, and that grants which may battle with that could possibly be below assault.
So, let’s flip, Denny, to that subsequent slide. And I’ll simply discuss a bit of bit about the place are the outer bounds within the courts and within the authorized realm with the structure and legal guidelines so far as what the federal government can do. So on the coverage aspect, which we’re going to be speaking about, there are a variety of selections governments could make. And within the courts, what we do is we assist outline the place we run up in opposition to the sides of that authority. What are the issues you possibly can’t just do as a coverage selection? So, listed here are just some of the sorts of challenges we carry.
First Modification free speech is one space so the federal government can connect strings to the funding that it points to organizations and people, however there are some authorized limits to these issues. For instance, if the situation is regulating speech that’s not related or associated to this system, or it’s aimed to suppress concepts, and that’s the place we actually run into First Modification issues.
For instance, in our case on behalf of the San Francisco AIDS Basis and comparable organizations, the courtroom in blocking a few of the grants being restricted there, discovered that proscribing the best way suppliers can use pronouns with their shoppers was not related rationally to this system and its objectives. And in order that was one cause that that situation or effort ran up in opposition to the First Modification and was probably unconstitutional.
One other associated device we use is a Fifth Modification vagueness. So if you happen to’re going to ban somebody you’re giving cash to from doing one thing, you should inform them what it’s, sufficient that they’ll inform in the event that they’re restricted or not. And that’s to keep away from chilling individuals’s speech, chilling individuals’s actions.
So for instance, right here, when we’ve got these orders popping out saying that we’re going to revisit or pull all grants which are fairness associated, it’s a really imprecise time period, nobody is aware of precisely what it means. What we see is individuals typically over-correcting or complying upfront in methods as a result of they don’t know what’s going to come back below assault.
And that does have this part within the structure, the place if you happen to go too far down that path of being too unclear and never letting individuals know learn how to proceed, you possibly can carry a authorized declare to say that that’s an unconstitutional restriction.
Okay, Denny, let’s flip to the subsequent. One other primary part of the type of stuff you’ll hear about in these authorized challenges are simply the final separation of powers. The president has powers that come from the Structure or from Congress, and can’t act past these.
And as most of us discovered, if we had our primary authorities program, our authorities class rising up, is that Congress has the facility of the purse. That’s usually what they do. So the manager is proscribed. Even amongst these coverage selections, the manager runs into the outer bounds of its energy the place it points spending necessities that battle with what Congress has written in statutes.
So I’ve made a nod right here to the Ryan White Program as a strong instance. There was a latest courtroom resolution pulling, the pulling of certainly one of these grants, saying that, “The manager was not allowed to say that we can not goal sure populations” When the Ryan White Program, which was what Congress handed to concern these funds, particularly stated, “These funds are to fund disproportionately affected communities.” So the place the manager is clashing with what Congress has stated the cash is for, then we are able to carry an argument in courtroom that it’s exceeding its energy.
And extremely vires actions is one other comparable time period that folks would possibly hear that actually will get at this similar thought. And there was lately, truly simply on Monday, one other resolution coming from a courtroom blocking a few of these efforts that summarizes properly, and stated that plaintiffs have been prone to succeed on their claims, which is what they needed to present to dam and to get their cash nonetheless of their arms by saying this, which was, “Though a brand new presidential administration is entitled to develop packages with its chosen priorities, is the manager could not got down to suppress concepts that deems harmful by attempting to drive them out of {the marketplace} of concepts. And should not accomplish that by canceling grants on the idea that they serve the very functions for which Congress appropriated these funds.” In order that was a pleasant approach of summarizing the primary modification and these points abruptly, and actually describing what the outer bounds are of these authorized powers.
All proper, yet one more, Denny, for this final little group of claims. A few different most important classes of claims that we use as instruments are the Equal Safety Clause, which is that the Structure protects us from legal guidelines that concentrate on based mostly on courses of individuals, and makes the federal government need to have the next exhibiting of why they’re doing what they’re doing, in the event that they’re doing that. And exhibiting that this system, that the motion they’re taking is focused to that curiosity.
After which, the Administrative Process Act is one other space of claims we see loads. So, there are necessities that the federal government should undergo to be able to go sure laws. And one instance of a lawsuit lately, that was profitable, concerned the AmeriCorps program, which after all impacts all kinds of providers throughout the nation, together with members of the AmeriCorps that serve getting old populations.
And in that case, the efforts to drag again numerous the membership and severely lower AmeriCorps was blocked. And that was as a result of the courtroom discovered that below the statute, Congress couldn’t change the goals of AmeriCorps with out a discover and remark rulemaking course of, and that the federal government had not gone by way of that course of.
Okay, Denny, subsequent slide. So on the whole litigation, hopefully that provides individuals a basic thought of why we’re preventing within the courts alongside the coverage and schooling work we’re doing. Individuals describe this in several methods. Generally that the courts are a line of final protection when coverage efforts having failed. In a much less glorifying approach, I type of name it cleanup crew typically.
So if there are good efforts to get good insurance policies by way of, or funding and different efforts to guard our populations they usually fail, there are issues litigation can do when the actions run up in opposition to these outer limits. We, after all, have limits. We are able to’t simply say, “We predict this coverage is healthier than that one.” It has to have one of many issues of the kinds I simply talked about. It takes a very long time.
Aid an increasing number of lately is being restricted to the plaintiffs and the scope of aid courts may give is de facto below assault. But it surely’s a extremely vital device, and it’s actually vital for our communities to see judges standing up and saying, “No, these actions aren’t proper and the federal government will not be allowed to be taking these discriminatory actions.”
And so, we’ll hold preventing to guard these populations. And I’m hoping that background provides individuals a bit of little bit of glimpse below the hood once you see the headlines of when one thing’s being blocked and never, of what the probably bases are for them to try this. Thanks.
Denny Chan: All proper. Thanks, Kell. Thanks for that good background, comm legislation 101, and likewise a few of the updates that you simply’ve given us across the Skrmetti resolution from final week. Once more, actually encourage all of you who’re listening with us right this moment to kind in your questions. We’re getting a pair, however I usually know that typically there’s a rush proper earlier than the tip of the webinar, so be happy to maintain these questions coming. Kell mentioned numerous content material that’s price unpacking, and so thanks Kell for taking us by way of that overview.
I’m going to now shift gears a bit of bit and discuss a bit about a few of the security internet packages that LGBTQ older adults use, a concentrate on Medicare, Medicaid and social safety. And in addition, a short caveat earlier than I dive into this content material, and what I ought to have stated on the very starting, is that this webinar is present as of right this moment, June twenty fifth, 2025, at 12:25 PM Pacific Time.
We acknowledge that the panorama, each the coverage panorama and the authorized panorama is altering actually each day, and continues to vary. So, for these of you who’re watching a recording, please take into account that that is as present as of right this moment. One of the best that we are able to do. And any form of updates afterwards are honest sport.
Even when we did this webinar final Tuesday, we wouldn’t have had a Skrmetti resolution to debate and embody. So once more, these are a fast-changing setting, and ensure to do your due diligence. That is the data as of right this moment and it might probably change actually each day. So, hold that in thoughts as you’re listening and watching at house.
I’m going to now leap and discuss a bit of bit about Medicare and Medicaid. And we’ve seen some actions from the manager department which are falling actually consistent with the manager orders that Kell talked about on the high. We began with Kell’s presentation partly as a result of we thought it was vital to present individuals some background on the sorts of claims and these circumstances, there’s simply so many, but in addition as a result of numerous the litigation up to now couple of months has been targeted on the legality of the president’s government orders.
So what we’re seeing now within the months after these government orders have been issued is businesses actually now implementing these government orders by way of company motion. So, one theme to choose up right here, which is true for each Medicare and Medicaid, is the elimination of sexual orientation and gender id, what we name SOGI, knowledge assortment throughout packages pursuant to the president’s government order as early.
As February in 2025, CMS eliminated questions from Medicare enrollment kinds, after which only in the near past, earlier this month, questions have been rescinded for Medicaid and the CHIP program. And we count on to see extra company motion consistent with the president’s government orders on an ongoing foundation.
The opposite flag right here that’s related for Medicare and Medicaid exterior of company motion is that, as a lot of , there’s ongoing negotiations now within the Senate across the price range. And what we noticed within the Home beforehand and what we’re seeing now within the Senate are actually Draconian makes an attempt to chop the Medicaid program, lower funding for Medicaid.
And a hyperlink right here is to a useful resource from each Justice in Growing old and SAGE, detailing the methods wherein cuts to Medicaid disproportionately harm LGBTQ older adults. A few of that background round who LGBTQ older adults are imply that they’re extra probably and extra reliant, as a result of poverty and having much less of a conventional or typical household construction, to make the most of Medicaid. And so, we refer you to that useful resource, we’re holding that as up to date as we probably can in the course of the price range reconciliation course of.
Subsequent step, I wished to flag form of the most recent on gender-affirming care as a result of each Kell mentioned that in his opening and introductory remarks, but in addition as a result of this can be a notably related matter for this neighborhood. With respect to Medicare, we haven’t seen a ton of change. And that’s as a result of even below the earlier administration, and for various years now, there is no such thing as a nationwide protection willpower for gender-affirming care.
Because of this native Medicare administrative contractors, what we typically seek advice from as MACs, decide protection on a case-by-case foundation for gender reassignment surgical procedure. Usually associated to Medicare, that the transition associated medication are lined below Medicare Half D, like many different pharmaceuticals are.
Underneath Medicaid, that is going to be actually a state-by-state case. So we’re going to have a look at protection below the state Medicaid program, whether or not the Medicaid program covers gender-affirming care, we’ve got to look to see whether or not there’s a state ban in place, and whether or not such a ban has been challenged within the courts.
I’ll flag that for the price range reconciliation course of that I discussed earlier than, Home Decision Quantity One would truly prohibit federal funding, together with federal funding of Medicaid providers for gender-affirming care if it have been to be handed and signed into legislation by the president.
On one observe, simply because we had been speaking concerning the government orders that pertain to gender-affirming care, the manager order that the president signed actually limits entry to gender-affirming care for kids below the age of 19. However there’s a bigger query, after all, if you end up limiting entry to youngsters, whether or not suppliers who’re offering gender-affirming care to different populations could be chilled from doing so. So that would probably influence LGBTQ older adults looking for gender-affirming care, however at the very least on its face, the manager order pertains to kids below the age of 19.
I additionally wished to elevate up one thing that we at Justice in Growing old and a few of our companions are monitoring fairly carefully, which is Part 1557 of the Inexpensive Care Act. A fast primer on 1557, in any other case often known as the Federal Healthcare Rights Legislation, is that it’s a federal anti-discrimination healthcare legislation. And it applies to all federally funded packages and actions, these which are carried out by the federal authorities, in addition to recipients of federal monetary help.
When you’ve been following the Part 1557 saga in any respect, there’s been numerous backwards and forwards. So, below the earlier administration, there have been new guidelines that clarified protections on the idea of sexual orientation and gender id discrimination, and likewise clarified and actually restricted denials of gender-affirming care.
Virtually instantly, these laws have been challenged within the courts and have been stayed. There’s a few circumstances. And in order that litigation is ongoing. However after all, with the change in administration in February of 2025, that below the present administration, the brand new Workplace for Civil Rights below Well being and Human Companies truly rescinded Biden period steerage that clarified these protections below federal legislation, together with Part 1557 for gender-affirming care.
After which the very last thing to notice right here is that Part 1557, after all, is impacted by potential rulings from the Supreme Court docket that relate to Bostock v. Clayton County, as a result of the best way that Part 5 57 works is that it incorporates protections below Title IX, in addition to different federal anti-discrimination statutes.
So, we’re ready, and we’ll in all probability see a brand new rule that’s issued. The brand new administration has signaled they are going to be issuing they usually’re taking a look at issuing new steerage below 1557. And so we count on that in all probability to look rather more just like the steerage that existed below the primary Trump administration, however we haven’t seen a discover of proposed rulemaking fairly but.
After which lastly, earlier than I flip it again to the remainder of the crew, is I do need to observe that… So social safety, I need to discuss a bit of bit about Social Safety. Social Safety administration eliminated references to transgender people on its net web page. It truly eliminated an entire web page that that they had. So now, they’re simply referring to LGB populations who’re impacted by the Social Safety program.
Notice that identify modifications are nonetheless permitted, however the company has stopped processing modifications to gender markers. And so if there are people who you’re working with who’re caught up in that, who need to change their gender so it’s constant, however are operating into points that social safety, please attain out to us and tell us.
After which after all, a blanket reminder, is that ought to the Supreme Court docket revisit the wedding equality resolution of Obergefell v. Hodges, that there can be actually important implications on advantages, each Social Safety however a lot broader, and entry for LGBTQ {couples}, together with LGBTQ older {couples}. And with that, I’m going to now flip issues over to Aaron to speak about all issues Older Individuals Act.
Aaron Tax: All proper, thanks a lot, Denny. So, as Denny stated, I’m going to cowl the Older Individuals Act, which a lot of you in all probability know, it took place throughout 1965, throughout Lyndon Johnson’s Nice Society as a counterpart to Medicare and Social Safety. In order that’s a superb segue. The thought being if Medicare is there in your medical wants and social safety is there in your monetary wants, the Older Individuals Act is, in a approach, every little thing else that ought to assist you to age in place in your neighborhood. So subsequent slide, please.
All proper. All proper, so this slide covers a bit of little bit of that, however what’s the gist of what it covers? Establishes an authority for grants to states for neighborhood planning and social providers, analysis and growth initiatives, and personnel coaching within the subject of getting old. Subsequent slide.
So what precisely does the OAA do? If somebody’s getting a home-delivered meal, they not perceive that numerous that cash is coming from the federal authorities. And in reality, the best way the cash usually flows is from the feds. We’re going to get a bit of bit into how that is being shaken up in the course of the Trump administration, however traditionally, the cash by way of flows by way of the Administration on Growing old, and that then flows to the 56 or so state items on getting old.
That in flip flows right down to the over 600 space businesses on getting old, that are primarily county or native departments of getting old. After which the cash from there flows right down to native service suppliers. So that might be a company like Sage, operating senior facilities in New York Metropolis or offering congregate meals in New York Metropolis. And people are a few of the examples of the sorts of packages that OAA funds.
So, whereas most individuals haven’t heard of the Older Individuals Act, they’ve heard of packages like Meals on Wheels, and that’s an excellent instance of the sorts of packages that the Older Individuals Act funds. Once more, if the distinction between you staying in your house and being institutionalized is getting some assist with meals or chore help, or transportation help, these are the sorts of packages, providers and helps that the Older Individuals Act funds.
So, briefly, it funds house and congregate meals. So once more, that’s meals and senior facilities or home-delivered meals, transportation help, authorized help, chore help, respite, caregiver assist, well being promotion, job coaching, and it flows right down to the neighborhood degree. And sadly, most individuals that don’t even know that they’re benefiting from it. All proper. Subsequent slide, please.
All proper, so that you heard a bit of bit concerning the position of SUAs. Once more, that could be a state unit on getting old, and triple As is space businesses on getting old, not the auto affiliation. And this slide provides you a really feel, once more, in some extra element for the sorts of packages, providers, and helps that the Older American Act funds. All proper, subsequent slide.
When you get a replica of this slide deck, you’ll be capable to click on on these recordings. We put collectively two webinars that I feel can be very useful. They dig into numerous depth on what the Older Individuals Act is and what it means in webinar one for LGBT people. After which in webinar two, thanks very a lot, what it means for older individuals dwelling with HIV. So look within the chat proper right here and also you’ll see hyperlinks to those wonderful webinars. Thanks a lot. All proper, subsequent slide.
All proper, so each few years the legislation will get reauthorized or up to date. That’s a great way to consider it, ’trigger you possibly can think about you possibly can write a bit of laws in 1965, however the world modifications. So each few years, they attempt to replace the Older Individuals Act, and the time period they use for that could be a reauthorization.
And we’re nonetheless within the midst of the 2020, don’t even know what 12 months it’s 2024 reauthorization. It nonetheless hasn’t occurred but. So it did occur in 2020. They stated, “Okay, we’ll redo it in about 4 extra years.” So we’re nonetheless within the midst of the present one. So keep tuned on that entrance. However let’s rewind the clock for a second to 2020 when the legislation was final reauthorized.
And what does it say with respect to LGBTQ+ people? The excellent news is, it’s now federal legislation that each single state unit on getting old, these are the state departments of getting old that we talked about, and each single space company on getting old, and once more, these are these native or county departments of getting old, each single certainly one of them, irrespective of the place you’re within the nation, should do three issues.
Primary, interact in outreach to LGBTQ+ older individuals, two, acquire knowledge on their wants, and three, acquire knowledge on whether or not they’re assembly these wants. So once more, the outreach, gathering knowledge on the wants, and three, gathering knowledge on whether or not these state items and triple A’s are assembly these wants. So that’s nonetheless the legislation of the land.
Along with that, periodically, they concern new laws concerning the statute. You’ll be able to consider this as what the federal authorities does or any authorities does on any legislation. You go a legislation, however typically you want laws to dig in a bit of bit extra and clarify what the legislation means. The final time the Older Individuals Act laws have been up to date have been 1988. Sure, 1988. It’s been a extremely very long time, however they lastly determined to replace these regs, and the brand new laws got here out in February of 2024.
And what did they are saying for the primary time ever? Two vital issues associated to this webinar right this moment. They explicitly designated, one, LGBT older individuals, and two, older individuals dwelling with HIV as populations of best social want below the statute. What does that imply in a nutshell? It signifies that the getting old community, that means these state items on getting old and space businesses on getting old, are going to be held accountable for assembly the wants of these two populations.
It’s premised on the concept due to the higher want for getting old providers and helps, for most of the causes that Denny outlined in his presentation, these increased charges of social isolation, increased charges of poverty, lack of entry to culturally competent providers and helps, due to that higher want, these people want the providers and helps offered by the Older Individuals Act.
But in addition, for most of the causes that Denny laid out, that historical past of stigma and discrimination, we all know and we perceive that LGBT people and other people dwelling with HIV are a lot much less prone to entry these providers and helps that they should stay unbiased. So we’re attempting to bridge that divide by way of coverage and by the federal authorities, once more, designating at a nationwide degree that LGBT people and other people dwelling with HIV are these populations that develop to best social want, and we have to be sure that they’re getting served below the older Individuals Act similar to everyone. All proper, subsequent slide.
All proper, I’m going to show it over to my colleague, Cam, who’s going to dig into a bit of bit about what’s occurring with the federal authorities. I had talked about the Administration on Growing old that has been a part of the Administration for Group Dwelling for various years. I’m going to go it off to Cam to clarify what the ACL is or was and what’s occurring now.
Cam Cote: Thanks, Aaron. Yeah, and a few large updates right here. For individuals who are unfamiliar, the administration for Group Dwelling, or ACL as I’ll seek advice from it, traditionally, has overseen important packages that permit older adults to age of their houses and communities, so like house delivered meals or Meals on Wheels. People could be accustomed to grownup day packages, caregiver respite, elder abuse, prevention and response, transportation, medical care and past. It’s a protracted record.
However to recap latest developments, as part of the Make America Wholesome Once more plan, in March of this 12 months, the administration proposed an entire dissolution of the administration for neighborhood dwelling. Once more, that is the division inside HHS, targeted solely on getting old and incapacity. So this plan, full dismantling of the company and a random dispersal of packages throughout all the division, would truly make coordination much less environment friendly and will result in service disruptions within the worst case state of affairs.
So, in response to this proposal by the administration, SAGE, Justice in Growing old, and the broader getting old and incapacity communities launched quite a lot of campaigns to oppose this dismantling. Sage alone despatched hundreds of messages, calls and voicemails to their members of Congress, contacting practically all United States senators and nearly 250 representatives within the Home.
The broader effort additionally resulted in letters from congressional leaders to HHS, each from the Home and the Senate, in addition to main publications in media shops like The New York Occasions and Politico. And I simply need to spotlight one of many key provisions of our advocates’ calls for, and all of us coordinated as an getting old community of what we wished to see, a key part of that was to keep up ACL packages inside a single company so they may proceed coordinating.
So, we have been hopeful, however not essentially optimistic, I’ll say. However on account of this effort, within the President’s price range proposal launched on the finish of Might, I consider it was, most of the packages beforehand administered by ACL, together with all of these OAA or Older Individuals Act packages that Aaron talked about will stay intact, and be housed below the newly renamed Administration for Kids, Households, and Communities.
So simply need to spotlight this proposal from the president aligns with the unified calls for from advocates, households, specialists, that urged to keep up a focus of those packages inside a single company, versus a haphazard dispersal of the packages throughout three totally different businesses inside HHS.
Additionally, simply need to flag, we have been relieved, I’ll say, to see the restoration of the Lengthy-Time period Care Ombudsman Program, which had initially confronted an outright elimination. The Ombudsman Program acts as an advocate for probably the most susceptible older adults as they navigate fragmented and typically treacherous long-term care programs. And it’s particularly vital for LGBTQ+ older adults and older individuals dwelling with HIV who’re incessantly topic to discrimination or substandard care in such settings.
And I truly noticed a query within the chat about learn how to finest advocate for LGBTQ+ older individuals in long-term care settings. I might say discuss to your ombudsman, name your ombudsman in case you have a particular grievance or have a particular concern that that wants decision.
However all that to say, wished to focus on this example, as a result of whereas it’s not essentially an outright win in saving ACL, there was a notable responsiveness to our advocacy efforts. And particularly on this local weather, I do know it might probably typically really feel difficult to consistently be needing to defend these important packages and civil rights in opposition to an limitless barrage of assaults. However that is only a nice instance of profitable advocacy on this period. So with that, I’ll go it again to Aaron.
Aaron Tax: All proper, thanks a lot for, Cam, and due to Cam for main Sage’s effort on that entrance. And yeah, advocacy makes a distinction. There you go. I’m going to very briefly discuss our federally-funded nationwide useful resource heart on LGBT getting old, which is a tremendous useful resource. I encourage you all to test it out. And it offers info to LGBT organizations, to getting old suppliers, and LGBT older people themselves, in addition to older individuals dwelling with HIV about one of the simplest ways to supply culturally competent getting old providers and helps. And on the subsequent two slides, you’ll see some examples of a few of these sources, so subsequent slide.
All proper, right here’s an instance, LGBT Programming for Older Adults: A Sensible Step-By-Step Information. Subsequent slide. All proper, one other instance, Age-Pleasant Inclusive Companies or Sensible Information to Creating Welcoming LGBT Organizations. There you go. Subsequent slide. All proper, along with our useful resource heart, we’ve got SAGECare, which is our coaching arm. When you’re thinking about coaching in your group on learn how to present extra culturally competent providers and helps to the individuals whom you serve, go to sagecare.org. All proper, subsequent slide.
Briefly, we’re right here that can assist you do the work that you simply need to do. You’re not alone on this work. There’s no have to reinvent the wheel. So contact Sage, take a look at our nationwide useful resource heart, take a look at SAGECare, develop into a SAGECollab member, and we’ll enable you to do that work in communities all throughout the nation. Subsequent slide. All proper, I’m going to show it over to my colleague, Josh, who leads our housing work, who’s going to inform you extra concerning the Equal Entry Rule.
Josh Dubensky: Thanks a lot, Aaron. All proper. I need to discuss a rule that’s essential, however usually ignored, and a possibility that additionally provides for people to get immediately concerned in defending it, and that’s the Equal Entry Rule from the U.S. Division of Housing and City Growth. Subsequent slide, please.
So the rule, merely, it prohibits discrimination based mostly on sexual orientation, gender id, or marital standing in lots of packages funded by the Division of Housing and City Growth. It’s vital to notice that this rule protects common entry to those sources, whether or not it’s holding a household at a shelter united with their teenage son or defending entry to life-saving sources for a trans particular person.
And I wished to emphasize that whereas this rule doesn’t cowl each kind of housing, each kind of service or shelter that could be funded by the Division of Housing and City Growth, it does cowl numerous them. So there’s a superb likelihood that if you happen to obtain housing or some kind of providers that obtain funding from HUD, that this rule does cowl you or somebody .
And due to that, it does guarantee this equal entry for the LGBTQ+ neighborhood at massive with regards to housing, and particularly the trans neighborhood. And it stays one of many few federal protections in place for the LGBTQ+ neighborhood. Congress has been unable to enact LGBTQ+ anti-discrimination protections into federal legislation, so it’s actually fallen on pleasant presidential administrations and a few restricted Supreme Court docket wins that we’ve been in a position to increase these protections, and the Equal Entry Rule is a kind of.
So it’s actually vital to making sure that these housing and shelters funded by the federal authorities stay open and accessible for everybody, no matter their sexual orientation, their gender id, or their marital standing. It’s been in place for, what, 2025, for nearly properly over a decade now. And it has ensured that people are in a position to simply entry these providers. Subsequent slide, please.
Sadly, the present administration isn’t actually involved with what the influence has been in actuality. They’re solely involved that the rule advantages the trans neighborhood. Like I’ve said, the rule offers common entry. It ensures that anybody will get entry to those shelters, whether or not it ensures {that a} man can not not be separated from his feminine baby when attempting to entry a homeless shelter.
It additionally ensures {that a} trans lady fleeing home violence couldn’t be compelled right into a males’s-only shelter. And it’s that second side that the administration has explicit issues with. They usually don’t care who else is harm, it serves the trans neighborhood and that’s why they’re going after it. And so, on the primary day in workplace, when the president issued his government order defining gender ideology, in addition they particularly referred to as out the Equal Entry Rule for rescission.
On February fifth, the brand new Secretary of Housing and City Growth introduced they might cease implementing key provisions of the rule. After which on February twelfth, the administration formally started the method to weaken or repeal the rule. In the event that they’re profitable, they are going to make it simpler to disclaim housing to the trans neighborhood and the LGBTQ+ neighborhood at massive in lots of various kinds of housing and homeless shelters throughout the nation. Subsequent slide, please.
So, what can we do to assist shield it? The administration has been dragging their ft on going by way of the official course of to repeal or substitute this rule. A few of my colleagues talked about there’s a regulatory course of that they should observe that’s specified by federal legislation, however that is the place we are able to actually begin to take steps to attempt to shield it. Federal legislation requires the administration to permit people and organizations to make their case for or in opposition to Equal Entry Rule in the course of the public remark interval.
Now, no matter how the administration has proven their contempt for present legal guidelines or laws, usually earlier than they make these modifications, there’s going to be this public remark interval. The Trump administration tried to repeal the Equal Entry Rule in 2020, however they failed. And there have been over 60,000 feedback submitted in assist of the Equal Entry Rule, which I consider is probably the most ever.
In order that they’re attempting to do it once more, and we are able to take these classes from the primary time they tried to repeal the Equal Entry Rule to battle and attempt to shield it as soon as extra. Now, we don’t know when the general public remark interval goes to open, however we’re doing every little thing we are able to to verify we’re prepared for that. And that anybody on the market, any particular person group who can and is keen and in a position to submit a remark in assist of the rule, is ready to take action.
As a result of the extra feedback we are able to get, the extra we are able to present public assist for the rule, which is vital for policymakers, even reasonable policymakers, those that could also be not sure of why we ought to be supporting civil rights laws within the trans neighborhood. It’s additionally essential for the method, and it might probably present that it helps lay the groundwork for any kind of challenges or any issues that can come afterwards. That is all an vital a part of the method, even international administration that has proven contempt for the rule of legislation.
So when the frequent interval does open, and if anybody is thinking about supporting the Equal Entry Rule or studying extra about it, you’ll be capable to try this, and it’s comparatively easy to do. There might be a web site arrange you can log onto if that’s one of the best methodology for you. And we’ll ship that info round, you can log onto this web site and submit that remark, assist it.
And it may be so simple as speaking about why you assume the Equal Entry Rule or why the federal authorities ought to permit equal entry to providers no matter your gender id. You’ll be able to write in a remark and mail it to the Division of Housing City Growth, and all that info might be despatched out after we know formally when the Equal Entry Rule is opening up. So, if you happen to’re thinking about being saved updated on when that remark interval opens up, be happy to electronic mail me. My electronic mail is on the web page right here. I may also ship that round afterwards, however it’s at jdubensky@sageusa.org, and all these sources might be despatched out.
However this is a chance the place your info and your enter is vitally vital, ’trigger the extra individuals who submit feedback, the longer it takes for the administration to undergo and browse these feedback. And there’s sure guidelines they should observe about what number of they learn, how they reply to that. So everyone’s enter actually is vital.
And I’ll stress, and I’ll finish with, once more, the Equal Entry device, it’s one of many few federal laws in place that guarantee equal entry to housing and providers and lots of sorts of providers throughout the nation. And lots of different federal businesses take their cue with regards to housing discrimination from the Division of Housing and City Growth.
In order that’s why it’s so key to guard this, whether or not it’s an LGBTQ older grownup or every other member of the neighborhood. So yeah, we actually look ahead to persevering with this battle right here. And if anybody is ready to assist with this remark interval, it truly is an effective way and an vital approach to assist battle in opposition to this. And with that, I’ll flip it over to my colleague, Cam.
Cam Cote: Thanks, Josh. And I’m again. Simply to remind people to join Sage’s Motion Squad. I feel the hyperlinks are simply getting dropped within the chat, which is unbelievable. You’ll be capable to hear any updates on Equal Entry Rule, ACL, Medicaid, every other campaigns or advocacy efforts that we’ve got happening by signing up for that Motion Squad.
Additionally within the chat is a marketing campaign we lately launched to say no cuts to Medicaid. In order Denny referenced earlier, we’re in a little bit of a precarious place proper now with Medicaid on the road, and so we encourage people to take motion there. And thanks a lot, and I’ll go it again to Denny.
Denny Chan: Thanks, Cam, and thanks to the good panel of presenters for this nice content material. I wished to say a few issues, and perhaps we are able to get to 1 or two questions earlier than we log out for right this moment, however in case you are on our record about Justice in Growing old, we will even be sure that to establish when the Equal Entry Rule remark alternative opens. However after all, within the meantime, encourage you to get on Sage’s electronic mail record as properly.
Okay, in order that was an excellent run by way of. Thanks for that nice content material. We now have simply three minutes for a few questions. I’m going to attempt to do my finest to lump a few of these collectively. So, there have been a few questions across the SOGI knowledge assortment replace for Medicare and Medicaid. And so I simply wished to make clear, the change in SOGI knowledge assortment throughout packages is on the federal degree. If there are states that have already got necessities round SOGI knowledge assortment, that could be a separate requirement that isn’t immediately impacted by the change within the federal knowledge assortment.
After which actually, to elevate up a query within the chat, to say that not monitoring and never with the ability to observe SOGI knowledge makes it actually onerous to show that providers are being accountably offered to LGBTQ communities when these communities can’t even be recognized. And that actually is the technique right here, is to render numerous these teams invisible from a public coverage standpoint.
And in order that’s why it’s actually vital, each to be advocating for SOGI knowledge assortment extra broadly, however notably at an area degree and a state degree that isn’t immediately implicated by modifications to the federal knowledge assortment work.
There was one other cluster of questions across the social safety modifications, to the gender id markers. And I’ll simply say that we haven’t seen the company return and alter those who have been already modified. The change was actually to ban modifications transferring ahead.
After which I need to in all probability say that’s in all probability on a regular basis we’ve got for questions right this moment. As I stated originally, we’re going to get to your questions through electronic mail afterward. If I can get the presenters to come back again on digital camera simply to say a fast goodbye.
Thanks all for attending. Thanks to Josh, Kell, Cam and Aaron for becoming a member of us this particular Delight Month webinar. We had over 700 individuals on right this moment’s webinar, so I actually hope that you simply all discovered this info useful. You could have all of our emails right here, so be happy to remain in contact as issues change, and we will even proceed to maintain you updated. So thanks a lot. Have an excellent remainder of your Delight Month. Thanks everybody.
