On November 30, 2023, Governor Hochul signed A0372A establishing a new section of the Public Health Law, Section 2803-c-2.
This new addition to the Public Health Law combined with Executive Law 296 creates express discriminatory events that are actionable.
The new Lesbian, Gay, Bisexual, Transgender and People Living with HIV Long Term Care Bill of Rights provides that it is unlawful for a long-term care facility or facility staff member to discriminate against any resident on the basis of such resident's actual or perceived sexual orientation, gender identity or expression, or human immunodeficiency virus (HIV) status.
Under this new addition facilities are required to post notices about their nondiscrimination policies with information about reporting violations, employ procedures for recordkeeping purposes that include residents' gender identity, correct name as indicated by the resident, preferred pronoun as indicated by the resident, protect personally identifiable information regarding residents' sexual orientation and more.
Facilities are also now required to ensure that facility staff that are not involved in providing direct care to residents are not present during physical examinations or the provision of personal care without the express permission of the resident or the resident's legally authorized representative and ensure that at least once every two years, each facility staff member who works directly with residents receives training on cultural competency focusing on patients who identify as LGBT and/or HIV.
If a facility discriminates against an individual protected by Section 2803-c-2, that discriminatory conduct may be actionable under the New York State Human Rights Law.
