Aging Well: News & Insights for Seniors and Caregivers
- Congress urges DOJ to rescind its June 18 opinion undermining Olmstead and reaffirm civil rights protections for people with disabilities.
- The opinion heightens concern amid Medicaid cuts and withheld funds that jeopardize Home and Community-Based Services and community living.
- CMS guidance clarifies nursing facility residents voting rights: facilities must facilitate voting, allow chosen assistance, and not submit ballots without authorization.
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:
Congress Calls on DOJ to Rescind Opinion Undermining Olmstead
This week, 100 Democratic members of the Senate and House sent a letter to the U.S. Department of Justice (DOJ) asking DOJ to rescind its June 18 legal opinion undermining the Supreme Court’s Olmstead decision and to affirm its commitment to protecting the civil rights of people with disabilities. The letter also asks DOJ to provide information about who was involved in drafting the opinion, both within the administration and outside.
Additional actions by Congress include a Senate Resolution calling on DOJ to rescind the opinion and on Congress and the administration to reverse cuts to Medicaid and stop other actions that undermine community living. The Ranking Members of the House Committees on Education and Workforce, Judiciary, and Energy & Commerce, as well as Rep. Mike Lawler (R-NY), have written letters to DOJ as well.
The DOJ opinion is especially concerning as states grapple with massive federal funding cuts from H.R. 1 and the administration withholds billions of Medicaid dollars from California and Minnesota for Home- and Community-Based Services.
For more information on what these developments mean for older adults, read Justice in Aging’s statement on the DOJ opinion and our statement on the Medicaid withholdings and other Medicaid funding cuts.
CMS Reiterates Voting Rights for Nursing Facility Residents
The Centers for Medicare and Medicaid Services (CMS) this week issued guidance on the voting rights of nursing facility residents, emphasizing that facilities must facilitate voting by residents. This guidance replaces previous guidance on voting rights. CMS notes this guidance is providing clarification in response to allegations of instances in which residents’ rights were unlawfully violated.
If a resident needs assistance in order to vote, they should have the option of receiving assistance from a person of their choosing. Also, CMS encourages facilities to coordinate with state election officials to use bipartisan election workers, where authorized by state law, so that residents are less dependent on assistance from facility staff (and thus less at risk of undue influence). All actions must be in service to a resident’s wishes, so the guidance specifies that a facility cannot submit voter registration applications or mail-in ballots without a resident’s direction and authorization.
Learn more about residents’ rights in nursing facilities using Justice in Aging’s resources.
New Justice in Aging Resources
Upcoming Justice in Aging Webinars
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