Learning Lab

Cross-Cutting Issues on Representing Diverse Older Adult Clients

Medicare has a robust home health benefit for qualified individuals that includes skilled care as well as aides for personal care activities. But the reality on the ground paints a different picture, particularly for beneficiaries with long-term disabilities. The inability of older, disabled adults to access Medicare-covered home health services affects individuals who are more likely to be members of a racial or ethnic minority group, to have lower incomes, and to be in poorer overall health compared to people without disabilities. This presentation will discuss advocacy efforts to ensure that people with long-term disabilities can access the home health benefits that Medicare promises.

  • Upon completion, participant will be able to understand the barriers facing older adults with limited English proficiency in accessing health care and how the 2024 Final Rule's language access provisions implementating Section 1557 of the Affordable Care Act addresses these barriers.
  • Upon completion, participant will be able to represent older clients with diverse needs including: (1) grandparents caring for children/guardianship, (2) consumer practices that disproportionately affect older adults who have limited English proficiency, and (3) probate issues unique to reservations.
  • TBD

Carol Wong, JD

Associate Litigation Director

Justice in Aging

Carol Wong is the Associate Litigaiton Director for Justice in Aging. Carol litigates cases with Justice in Aging's partners to remedy systemic inequities that affect older adults across the nation. On behalf of Justice in Aging, she recently led cases that secured due process rights for Medicare beneficiaries nationwide, and restored critical Medicaid benefits to hundreds of thousands of older adults, persons with disabilities, and others who wrongfully lost them during the COVID-19 Public Health Emergency. Carol was drawn to this work because of her immigrant grandfather. He was an individual with limited English proficiency and was fortunate to have family who helped him navigate various government programs. Because many others do not have similar support, Carol’s work advocates for changes that address challenges older adults face in accessing benefits and services. Previously, Carol was a Senior Trial Attorney with the U.S. Department of Justice, Civil Rights Division. While at the Department, Carol completed a detail to the White House Initiative on Asian Americans and Pacific Islanders where she focused on improving opportunities and access to federal resources for underserved Asian American and Pacific Islander communities. Carol received her law degree from the University of Illinois College of Law and is admitted to the District of Columbia Bar.

Barbara Willeto

Tribal Court Staff Attorney

DNA People's Legal Services, Inc.

Ali Bers, JD

Litigation Director

Center for Medicare Advocacy

Ali Bers represents older adults and people with disabilities in federal litigation aimed at making systemic improvements to Medicare. She has litigated numerous class actions challenging policies that improperly deny Medicare coverage or that violate beneficiaries’ appeal rights in the Medicare program. Her work includes serving as lead counsel in a case that established appeal rights for a nationwide class of Medicare beneficiaries who were denied coverage of their hospital and nursing home stays. Ms. Bers was also part of the legal team that achieved the nationwide Jimmo v. Sebelius settlement, which clarified that “improvement” is not required for Medicare coverage of skilled care. She has written and co-authored amicus briefs in cases that affect the health care of people who rely on Medicare. Ms. Bers also speaks and writes on Medicare topics as part of the Center for Medicare Advocacy’s educational activities. Before joining the Center, Ms. Bers was a staff attorney at Western Massachusetts Legal Services (now Community Legal Aid). At Legal Services, she assisted low-income clients with public benefits and she represented older adults and disabled individuals as part of the Massachusetts Medicare Advocacy Project. She was a law clerk for the Honorable Robert N. Chatigny of the U.S. District Court in Connecticut. Ms. Bers received her B.A. from Columbia University and her J.D. from Harvard Law School.

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