HUD Proposes Changes to Equal Access Rule Impacting Transgender Individuals

This week, the Department of Housing and Urban Development (HUD) proposed an amendment to the Equal Access Rule, a regulation that currently ensures nondiscriminatory access to HUD programs regardless of sexual orientation or gender identity. The proposed changes would remove terms such as “gender identity,” “gender,” and “actual or perceived sexual orientation” from current regulations. This amendment could also allow operators of single-sex facilities, including shelters, to deny entry to transgender individuals under specific conditions.

Stakeholders have until June 29, 2026, to submit comments on this proposal. Additional information and resources for advocacy are available through the Equal Access Rule Advocacy Hub. Organizations and individuals, particularly those in the aging and disability sectors, can access resources and templates for comments from groups like Justice in Aging in the coming weeks.

Meanwhile, an audit by the Social Security Administration's (SSA) Office of Inspector General has revealed that some Medicare beneficiaries may face incorrect charges related to Part B late enrollment penalties. These penalties apply if beneficiaries delay enrolling in Medicare beyond their initial eligibility period, with exceptions for those using Medicare Savings Programs or during Special Enrollment Periods. The audit found inaccuracies in the handling of Medicare applications, particularly concerning Special Enrollment Periods and the assessment of lawful presence and residency requirements.

The report also highlighted inadequate notifications for beneficiaries regarding penalties and enrollment options. Beneficiaries can contest these penalty charges and might qualify for financial assistance through Medicaid programs, including Medicare Savings Programs. Comprehensive resources for Medicare premium issues are detailed in Justice in Aging’s guide, Payment Options for Individuals who Owe Past-Due Medicare Premiums.