New Federal LGBTQ+ Protections Will Combat Discrimination and Disparities in Long-Term Care Facilities

President Biden has signed an executive order to help ensure the dignity of those in the LGBTQ community living in long-term health care facilities. Long-term health care has been a significant concern due to discrimination.
Updated: June 18th, 2022
LTC News Contributor   Washington Bureau

Contributor

Washington Bureau

It is hard enough for people to get older and need long-term health care; however, it can be much more challenging for those in the LGBTQ community. 

Discrimination, harassment, and abuse in long-term health care facilities based on their LGBTQ identities have been too common. An AARP survey reported that they are concerned that they will face discrimination or harassment in long-term care facilities. Plus, those in the LGBTQ community are nervous about not having adequate family and/or social supports to rely on as they age, often because they are likely to be estranged from family because of their gender identity.

An executive order signed by President Biden hopes to address some of these concerns. The order adds federal protections for LGBTQ+ long-term care residents.

President Biden has directed the U.S. Department of Health and Human Services to develop and publish a "Bill of Rights for LGBTQI+ Older Adults." HHS will issue regulations to promote "nondiscrimination protections based on sex, sexual orientation, gender identity, and sex characteristics, and other rights of LGBTQI+ older adults in long-term care settings."

Michael Adams, the Chief Executive Officer of SAGE, an advocacy group for LGBTQ seniors, commended President Biden for recognizing the health and welfare of LGBTQ+ elders.

SAGE applauds President Biden's Executive Order, which secures vital protections for LGBTQ+ older people and the wider LGBTQ+ community. This Executive Order builds on Congresswoman Bonamici's Ruthie and Connie LGBTQ+ Elder Americans Act and takes a critical step forward in protecting and supporting LGBTQ+ elders, who face higher rates of poverty, acute social isolation, and severe challenges accessing culturally competent services and supports.

Michael Adams

Concern About Neglect and Abuse

The AARP survey reported that 60% said they think they might be refused or receive limited care. There are concerns about neglect, abuse, and verbal or physical harassment.

Another concern in the LGBTQ community is they are uneasy about their acceptance which can adversely impact their quality of life beyond their aging and health problem. The concern is high enough that many might feel they need to hide or deny their LGBTQ identity. 

Without strong built-in family support, long-term care can be even more troublesome. There are usually no adult children that can be helpful. Partners are generally older themselves when one needs help with daily living activities or supervision due to dementia. 

Many in the LGBTQ community will become dependent on professional caregivers in their homes or in a long-term care facility. Long-term health care costs are high, and the costs are rising quickly due to inflation, rising energy costs, higher labor costs, and increased demand for care. 

Long-Term Health Care Costs Becoming Very Expensive

According to the LTC NEWS Cost of Care Calculator, nursing homes can cost over $100,000 a year and, in some locations, substantially more than that amount. Home caregivers, adult day care centers, and assisted living facilities, while costing less than skilled nursing home facilities, are also very expensive.

Like most people, LGBTQ people assume health insurance and Medicare will pay for this care. They don't. Medicaid will pay for long-term health care but only for those with little or no income and assets.

Long-Term Care Insurance will pay for these services, but a policy must be purchased when someone has relatively good health because they are medically underwritten. LTC Insurance is usually obtained when someone is in their 50s since premiums are much more affordable - How Much Does Long-Term Care Insurance Cost? | LTC News.

Quality care is something everyone deserves. Pre-planning can help ensure quality care and asset protection. New federal rules will help ensure dignity as well. 

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