LGBT retirement issues in the United States

Baby boomers are putting significant visibility on the elderly population of the United States, as well as significant stressors. The overall U.S. population age rises with the retirement of Baby Boomers.[5] Currently, there are about three million LGBT seniors above 65, with that number jumping to over six million by 2030.[5] According to a 2010 study of over a thousand LGBTQ+ 45- to 64-year-olds and a comparative group of the same amount of baby boomers, drawn randomly from the general population, "all boomers have the same fears about aging, are struggling to finance their retirement, have similar caregiving patterns, and similar desires for end-of-life care. However, in some respects, LGBT boomers will approach retirement differently. They have withstood many years of discrimination and say their approach to retirement and aging has been shaped by their experiences. They express concerns about being dependent on others when they become infirm. Largely single and living alone, they will rely more on close friends than family for support as they age".[6]

Homosexual senior citizens are cited as being four times less likely to have children or grandchildren, signaling less of a support system for later-life circumstances.[1] According to the National Gay and Lesbian Task Force, homosexuals are also twice as likely to live alone.[1] Many in such a community faced adulthood before the normalcy of same-sex partnerships and the legalization of same-sex marriage, and as such, never sought partnership status, benefits, or a long-term relationship in general.[1]

As more people continue to live with HIV and AIDS into old age, there are new points brought to light in terms of complications, needs, and services. stigma, especially among older people living with HIV, often affects the quality of life lived. It also leads to greater isolation in old age.[7] Stigma specifically can lessen quality of life and negatively affect self-image and behaviors, leading to the inability or lack of wanting to disclose HIV status or to seek care.[7] There is also an increase in mental illness compared to the general aging population, often associated with the same reasonings along with a lack of specified care.[7] Therefore, it is very integral that HIV care is provided in terms of mental health and other services to the affected elderly population at large. Administering necessary medications and coverage for such medications and cocktails is a concern and a necessity for the elderly community living with HIV/AIDs, to which there is a disproportionate amount of LGBTQ+ persons.[7]

By 2030, there will be about 120,000 to 300,000 older LGBT+ retirees in nursing homes.[10] Despite seemingly rapid change in the national perception of LGBT+ people in America, LGBTQ+ seniors face a unique set of challenges in housing.[1] Yearly, about four million fair housing violations occur, but even more so for those discriminated against via their sexual orientation.[11][12] The U.S. Department of Housing and Urban Development released findings of discrepancies among the provisions given by housing providers, resulting in higher response rates for heterosexual rather than homosexual couples.[13] In a specific case study featured in Michigan in 2007, persons who were LGB had "unfavorable treatment in 32 out of 120 (27%) tests conducted".[14] This leads to perception of discrimination among the LGBTQ+ population, with a survey of 127 LGBTQ+ adults showing that 73% believed that retirement settings were grounds for discrimination, with a large majority believing there wouldn't be equal access to social or health services, and over thirty percent believing it would be necessary to hide their sexual orientation or gender identity to remain in a retirement facility.[15]

In 1973, same-sex orientation was no longer viewed as a disorder, however, there has been much medical discrimination nonetheless.¹⁴ A 2002 survey found only three fourths of practicing physicians felt “very comfortable” taking care of an out LGB patient.[16]

In a 2006 LAIN survey of LGBT baby boomers, less than fifty percent had confidence that healthcare workers would treat them with “dignity and respect” on account of their sexual orientation, tainting the doctor-patient relationship.[17]

The Affordable Care Act (2011) allows many LGBTQ+ elderly to afford health care and apply for Medicaid or more affordable private health insurance, regardless of state. They also cannot be denied coverage based on pre-existing conditions when ill, as well as helping seniors under 65 gain access to Medicaid, providing free Medicare in certain cases, and lowering drug costs.[18] There is also the added implementation of the Elder Justice Act, providing a platform against mistreatment by providers and caregivers.[19] The law also includes spousal protections for those receiving Medicaid, to which the Obama Administration issued guidance to state directors that same-sex partners be treated the same in terms of the Medicaid coverage.[18]

Elder benefits are heavily defined by benefits falling under the "elder safety net" such as social security, medicate, medicare, and retirement plans.[20] The Defense of Marriage Act, passed in 1996, prevented same sex couples from attaining some of those benefits, among others, that are often given to heterosexual counterparts.[20] When DOMA was in effect, LGBTQ+ people had lower rates of health insurance coverage than the general population due to higher costs from insurers.[18] Federal law treated a partner's insurance as taxable income, and therefore the retirees would have to pay taxes on it; heterosexual couples would be able to get such benefits tax free, without the employers having to further pay payroll taxes on them as would employers of LGBTQ+ employees.[18] Therefore, a lot of LGBTQ+ adults aren't offered such health care plans or simply can't afford them in the first place.[18] As such, the Supreme Court-led dissolution of section three of said act in 2013, which defines marriage as between a man and a woman, opened up benefits to LGBTQ+ elderly.[21] Only states that had already legalized same sex marriage could gain access to such benefits thereafter, but Obergefell v Hodges (2015) then legalized same-sex marriage nationwide, therefore giving marriage rights and the retirement abilities that come with that to LGBTQ+ citizens.[22]

As transgender elders retire, they are often disadvantaged in the health care system. Medicare and many private health insurance coverages "carry specific exclusions for transition-related care, which are sometimes interpreted in practice to deny coverage to transgender people for even basic medical care".[18] The Federal Centers for Medicare and Medicaid Services (CMS) has reiterated the provision of "hormone replacement therapy and routine preventive care such as prostate screenings, mammograms, and pelvic exams, regardless of the gender marker in the individual’s Social Security record".[18] These providers and the transgender patients are often unaware of such rules or of condition code 45, created by CMS in order to avoid automatic coverage denials in cases of gender discrepancies.[19] Medicare also excludes sex reassignment surgery from its coverage, basing it as solely cosmetic.[18] The policy "also encourages private insurers, state Medicaid plans, and the veterans’ health care system to continue to allow similar exclusions that target care for transgender people".[18][26]