From DC: Section 504 Integration Mandate Vacated, HUD Funding Updates, and New Census Data, and more

Court Issues Final Order Vacating Integration Mandate in Section 504 Regulations

On September 23, the U.S. District Court for the Northern District of Texas issued a final order in the case Texas v. Kennedy to vacate the integration mandate in regulations promulgated in 2024 by the Department of Health and Human Services (HHS) under Section 504 of the Rehabilitation Act. The regulations reinforced the right of people with disabilities, including older adults, to receive services in the community rather than in institutions. 

The court’s order implements a proposed resolution filed by HHS and the plaintiff states, asking the court to vacate references to community integration throughout the Section 504 regulations, including the entirety of the integration provision. 

The court’s order to vacate is specific to the integration mandate and does not impact other provisions of the Section 504 regulations, nor does it impact other federal disability regulations. Moreover, the court’s order does not override longstanding legal precedent, including the Supreme Court’s Olmstead decision, interpreting the Americans with Disabilities Act (ADA) as requiring state and local governments to provide services to people with disabilities in the most integrated setting. 

For more information, see this statement from national disability rights organizations and our statement condemning the proposed resolution.

Updates on HUD Homelessness Funding

A federal appeals court recently granted the Department of Housing and Urban Development (HUD)’s request to proceed with its funding overhaul for the Continuum of Care (CoC) program, which funds permanent supportive housing (PSH) for people experiencing homelessness. HUD is proposing deep cuts to funding for PSH that would result in at least 97,000 formerly homeless people – many of whom are older adults and people with disabilities – at risk of losing their housing next year. A federal district court previously barred HUD from implementing its plan, finding that HUD’s issuance of this year’s CoC funding notice violated the Administrative Procedure Act.

Advocates can take action by urging Congress to protect the CoC program and funding for PSH. Advocates can also use this commenting guide to submit comments opposing a new HUD notice of research that allegedly justifies funding cuts for permanent housing solutions.

Comments are due by October 13, 2026.

Court Vacates Harmful PRWORA Notices 

This week, a federal district court issued an order vacating five notices by federal agencies expanding the reach of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The notices—issued last year by the Departments of Health and Human Services (HHS), Education (DOE), Labor (DOL), Justice (DOJ), and Housing and Urban Development (HUD)— limited immigrants’ access to life-saving services and programs.  

As part of the administration’s attacks on immigrant communities, several agencies issued notices that expanded the list of services included as “public benefits” under PRWORA, thereby making those services subject to immigration verification. Among the services added to the list were federally qualified health centers, services funded by Community Services Block Grants, and emergency shelters. Although the agencies did not adhere to standard notice-and-comment procedures, Justice in Aging submitted comments to HHS that outlined the impacts of HHS’ notice for older immigrants. 

Shortly after the notices were issued, a coalition of 21 states led by New York filed a lawsuit challenging the agencies’ actions as being unlawful under the Administrative Procedure Act. Justice in Aging and our partners at Centers for Public Representation, Bazelon Center for Mental Health Law, Grantmakers in Health, the National Immigration Law Center, and the National Health Law Program submitted an amicus brief highlighting the notices’ harm for older adults and people with disabilities.  

New Census Data on Poverty and Health Care Coverage

The Census Bureau recently released its 2025 Current Population Survey data on poverty, income, and health insurance. The 2025 Supplemental Poverty Measure (SPM) poverty rate was 15.4% among older adults, with the number of older adults in poverty climbing to over 10 million, up from 9.5 million in 2024. Older adults of color had even higher rates of poverty. 

The data also shows that in 2025, 26.7 million people, or 7.9 percent, were uninsured for the entire year, which is not statistically different from 2024. However, among adults ages 19 to 64, public coverage declined by 0.5 percentage points, largely driven by a decrease in Medicaid coverage for adults ages 19 to 64. 

In addition to showing the current poverty levels across various populations, the 2025 data is especially important as it provides a snapshot before the majority of the provisions passed in last year’s reconciliation law (H.R. 1) take effect. The Census Bureau’s data in future years will demonstrate how cuts to the Supplemental Nutrition Assistance Program (SNAP), Medicaid, Medicare, and the Affordable Care Act (ACA) Marketplace premium tax credits will impact older adults. 

In particular, the uninsured rate, especially among immigrants, is likely to climb in the next few years due to H.R. 1. Justice in Aging recently led a letter signed by 111 organizations urging CMS to implement the Medicare changes in H.R. 1 in a manner that will minimize harm, particularly to older adults and people with disabilities. 

As our blog explains, this data should be a call to action for policymakers to strengthen and improve critical programs such as Social Security, Supplemental Security Income (SSI), Medicare, and Medicaid.