BILL NUMBER: S6223

SPONSOR: RIVERA
 
TITLE OF BILL:  An act relating to requiring home health aides and
nurse's aides to receive training in working with lesbian, gay, bisexual
and transgender individuals

 
PURPOSE:

To require the Department of Health to add a "working with LGBT individ-
uals" module to the Home Care Curriculum and the Nurse Aide Training
Program to help ensure that LGBT individuals of all ages get better,
more culturally competent care.

 
SUMMARY OF PROVISIONS:

Section 1 requires that the Commissioner of Health, in consultation with
the Commissioner of Education, shall develop a training program that
focuses on working with LGBT individuals as part of the state approved
education or training programs required for certification of home health
aides, personal care aides, personal care staff, and certified nurse's
              

aides.

Section 2 sets the requirements of the training program which include
but are not limited to (1) an explanation of the terms lesbian, gay,
bisexual, and transgender, (2) a understanding of why LGBT individuals
may hide their identity, (3) incorporate LGBT concerns into person-di-
rected care, so that each individual can make the best decisions for
their own situation, (4) specific information designed for staff working
in nursing care or other residential care settings, (5) unique needs of
LGBT individuals and older adults, (6) an overview of the various rights
and protections extended to LGBT individuals, (7) best practices for
creating communities welcoming to LGBT individuals including older
adults, their loved ones, and their caregivers, (8) practical tips from
experts about how to ask questions related to sexual orientation and
gender identity and understand why these questions are important for all
service organizations, (9) the nuances of asking questions related to
sexual orientation and gender identity to LGBT individuals, (10) how to
respectfully respond to questions and concerns that arise in these
conversations, (11) best practices for providing transgender affirming
care.

Sections 3 requires that the training unit be developed within six
months of the effective date of this bill and shall be required for all
certifications and re-certifications of home health aides, personal care
aides, personal care staff, and certified nurse's aides.

Section 4 sets the effective date.

 
JUSTIFICATION:

A visit to a health care facility can make someone uncomfortable for a
variety of reasons. This is especially the case for many LGBT individ-
uals who may have difficulty finding health care where they feel
included and accepted. A 2017 CAP survey provided evidence that LGBT
individuals experience discrimination in healthcare settings.  Some
people have reported being refused care because of their sexual orien-
tation or gender identity. These issues extend beyond the patients them-

selves. Family members, partners and other loved ones have reported
being refused recognition by healthcare providers.

In many other cases, staff who did not intend any harm can cause prob-
lems from simple mistakes that occur due to lack of understanding or
experience interacting with LGBT individuals. Many LGBT individuals have
unique life experiences that require different practices.  Under current
law, there is no training that specifically addresses the needs of LGBT
patients. The training that this bill requires would help bridge this
gap between home health aides, personal care aides, personal care staff,
and certified nurse's aides who want to provide adequate care and LGBT
patients of all ages.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.