May 28th – Resident Rights Law Effective
On March 18, 2024 the Department of Health published DAL ACF 24-19 Long-Term Care Facility Residents’ Bill of Rights Amendment with requirements that take effect May 28, 2024.
The amendment focuses on resident rights for a resident’s actual or perceived sexual orientation, gender identity or expression, or human immunodeficiency virus (HIV) status.
Note: The provisions do not apply where they are incompatible with any professionally reasonable clinical judgement.
In addition, facilities must:
- Post notices about their non-discrimination policies with specific verbiage, which is enclosed in the DAL on page 3.
- Implement recordkeeping procedures that encompass residents’ gender identity, the preferred name specified by the resident, and the preferred pronoun indicated by the resident.
- Protect personally identifiable information regarding residents’ sexual orientation, whether a resident is transgender, a resident’s transition history, and HIV status from unauthorized disclosure in accordance with applicable federal and state laws, and to take reasonably necessary steps to prevent the inadvertent or incidental disclosure of that information to other residents, visitors, or facility staff.
- Ensure that facility staff who are not involved in providing direct care to residents shall not be present during physical examinations or the provision of personal care without the express permission of the resident or the resident’s legally authorized representative.
- Ensure that at least once every two (2) years, each facility staff member who works directly with residents receives training on cultural competency focusing on residents who identify as lesbian, gay, bisexual or transgender and/or residents living with human immunodeficiency virus.
Please be aware that the Department of Health is still in the process of developing a training session to further discuss the new law and its requirements. NYSCAL will notify members once it is available.
Department of Health contact: acfinfo@health.ny.gov
NYSHFA | NYSCAL CONTACTS:
Christina Audi, MHA, LNHA
Executive Director, NYSCAL
caudi@nyshfa-nyscal.org
518-462-4800 x 13
