BILL NUMBER: S2534A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act relating to requiring home health aides and nurse's aides to
receive training in working with patients of diverse sexual orientations
and gender identities or expressions

 
PURPOSE:

To require the Department of Health to add a "working with patients of
diverse sexual orientations and gender identities or expressions" module
to the Home Care Curriculum and the Nurse Aide Training Program to help
ensure that such patients of diverse sexual orientations and gender
identities or expressions 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 patients of diverse sexual orientations and
gender identities or expressions 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 certi-
fied 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, transgender, queer, questioning, intersex, asexual, gender
nonconforming and non-binary; (2) a understanding of why patients of
diverse sexual orientations and gender identities or expressions indi-
viduals may hide their identity, (3) incorporate patients of diverse
sexual orientations and gender identities or expressions concerns into
person-directed care, so that each individual can make the best deci-
sions for their own situation, (4) specific information designed for
staff working in nursing care or other residential care settings, (5)
unique needs of patients of diverse sexual orientations and gender iden-
tities or expressions individuals and older adults, (6) an overview of
the various rights and protections extended to patients of diverse sexu-
al orientations and gender identities or expressions individuals, (7)
best pracices for creating communities welcoming to patients of diverse
sexual orientations and gender identities or expressions 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 ques-
tions related to sexual orientation and gender identity to patients of
diverse sexual orientations and gender identities or expressions indi-
viduals, (10) how to respectfully respond to questions and concerns that
arise in these conversations, (11) best practices for providing trans-
gender 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 recertifications 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 healthcare facility can make someone uncomfortable for a
variety of reasons. This is especially the case for many patients of
diverse sexual orientations and gender identities or expressions indi-
viduals who may have difficulty finding health care where they feel
included and accepted. A 2017 CAP survey provided evidence that patients
of diverse sexual orientations and gender identities or expressions
individuals experience discrimination in healthcare settings. Some indi-
viduals 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 patients of diverse sexual orientations and
gender identities or expressions individuals. Many patients of diverse
sexual orientations and gender identities or expressions individuals
have unique life experiences that require different practices. Under
current law, there is no training that specifically addresses the needs
of patients of diverse sexual orientations and gender identities or
expressions 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 patients of diverse sexual orientations and gender identities
or expressions patients of all ages.

 
LEGISLATIVE HISTORY:

2019-2020: S6223/A7589 Dinowitz

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.