New York has passed legislation, S 1783A / A 372, establishing a long-term care resident bill of rights for LGBTQ+ residents in long-term care facilities. The new law prohibits discrimination based on sexual orientation, gender identity or expression, and HIV status in assisted living communities and similar facilities. Darcy Connors, executive director of SAGEServes, stated that the LGBTQ+ and HIV Long-Term Care Bill of Rights aims to combat stigma, allowing individuals to openly express their identities without fear of discrimination. The legislation expands existing protections by preventing discriminatory decisions related to admission, transfers, and discharges based on these characteristics. Governor Kathy Hochul emphasized the importance of ensuring dignity and respect for LGBTQIA+ and HIV-positive seniors, who are among the most vulnerable populations.
This legislation in New York follows similar measures in other jurisdictions, including San Francisco in 2015, California in 2017, Washington, DC, and Montgomery County, MD, in 2020, and New Jersey in 2021. Additionally, federal protections for LGBTQ+ long-term care residents were initiated by President Biden’s executive order in June 2022, directing the Department of Health and Human Services to develop a Bill of Rights for LGBTQI+ Older Adults and provide guidance on nondiscrimination protections. The order is part of broader efforts, such as the Equality Act, to establish federal civil rights protections for LGBTQI+ Americans, which passed the House of Representatives in February 2021.