« Stu Maddux to Receive the SAGE Advocacy Award at Creating Change 2014 | Main | NYC LGBT seniors compete in virtual bowling tournaments with Microsoft Xbox »

January 23, 2014

LGBT Advocates Disappointed Rules for Community Care Fail to Protect LGBT Older Adults

The undersigned LGBT organizations are deeply disappointed that the Department of Health and Human Services (HHS) has announced it will not add explicit nondiscrimination protections for LGBT and other consumers to Medicaid’s Home- and Community-Based Services (HCBS) program. Our organizations along with the National Senior Citizens Law Center, have urged HHS over the past three years to adopt these protections to ensure low-income older adults and people with disabilities can receive needed services and supports without fear of refusal, harassment, or other discrimination because of who they are. The protections were not included in a final rule issued on Thursday to strengthen standards for the long-running program.

HHS seemingly based its decision to reject these LGBT protections, which have been included in other HHS programs, on the notion that general nondiscrimination protections already exist. Despite being made aware of the critical need for explicit LGBT consumer protections, as well as protections on the basis of religion, marital status, and source of payment, HHS simply stated in a new HCBS regulation that these protections were "not necessary."

HHS's surprising statement that protections for LGBT older adults are "not necessary" is contradicted by reports from the Institute of Medicine and the Agency for Healthcare Research and Quality, which have found that discrimination against LGBT people in health settings is widespread. A survey of providers, LGBT consumers, and family members conducted with the National Senior Citizens Law Center found that most believed anti-LGBT discrimination was a problem in long-term care settings and many had witnessed discrimination. Failure to include explicit protections undermines efforts prevent anti-LGBT discrimination in home- and community-based care.

We call on HHS to take immediate action to ensure the health and safety of LGBT older adults and people with disabilities by addressing discrimination based on sexual orientation and gender identity in amended rule or guidance. We also strongly urge HHS to take action to address anti-LGBT discrimination in other health care settings, particularly hospitals and nursing homes. While we urge LGBT consumers who face discrimination in any health setting, including home- and community-based services, to file complaints with HHS on the ground of sex discrimination, explicit LGBT protections are needed to prevent mistreatment and denials of care.

  • Human Rights Campaign
  • FORGE
  • Lambda Legal
  • National Center for Transgender Equality
  • National Gay and Lesbian Task Force
  • Services and Advocacy for GLBT Elders (SAGE)
Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Follow Us

Contact Us
Have an idea for the SAGE blog? Email us at blog@sageusa.org.