SF3544

Purpose of the Bill

The bill aims to expand and enforce protections for LGBTQIA2S individuals and those living with HIV in long-term care and home care settings. It seeks to address discrimination and ensure these residents receive culturally competent and appropriate care.

Main Provisions

• Training Requirements: All staff in long-term care facilities, nursing homes, and assisted living facilities must undergo LGBTQIA2S and HIV cultural competency training within six months of employment and regularly thereafter.
• Resident Rights: Includes the right for residents to use their chosen name and pronouns, access appropriate medical care, and protection from discrimination based on sexual orientation, gender identity, or HIV status.
• Nondiscrimination Protections: Facilities must not deny admission, transfer, or discharge based on a resident's LGBTQIA2S identity or HIV status and must take steps to prevent harassment.
• Room Assignments and Facilities Use: Residents can choose roommates and have access to restrooms that align with their gender identity.
• Privacy and Autonomy: Ensures residents' records remain confidential and their personal space is respected.
• Civil Actions and Enforcement: Provides residents the right to file civil actions for discrimination and mandates immediate fines for violations without the opportunity for facilities to first correct them.
• Funding and Implementation: Appropriations are made for developing and providing the required cultural competency training.

Significant Changes to Existing Law

• Introduces a specific focus on the rights and protections of LGBTQIA2S and HIV-positive individuals in care facilities.
• Mandates formal training on LGBTQIA2S and HIV issues across related care facilities.
• Establishes new grounds for civil action specifically related to discrimination based on sexual orientation, gender identity, and HIV status.
• Implements new notification and training protocols for staff and clarity on how these trainings should be conducted and certified.

Relevant Terms

• LGBTQIA2S
• HIV
• Gender Identity
• Sexual Orientation
• Cultural Competency
• Discrimination
• Transgender
• Intersex
• Two-Spirit