BILL NUMBER: S3351

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring the
department of health to collect and maintain data relating to the sexual
orientation and gender identity of individuals diagnosed with COVID-19

 
PURPOSE OF BILL:

In order to better inform New York State's response to the effects of
the COVID-19 pandemic on the LGBTQ community, this legislation would
require the Department of Health to collect and maintain data relating
to the sexual orientation and gender identity of those diagnosed with
COVID-19.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new subdivision 31 to Section 206 of the
Public Health Law to require the New York State Department of Health, in
              

coordination with local departments of health, to collect and maintain
data relating to the sexual orientation and gender identity of individ-
uals who are diagnosed with COVID-19.

Section 2 of the bill provides the effective date.

 
JUSTIFICATION:

LGBTQ New Yorkers are uniquely vulnerable to the effects of the ongoing
pandemic due to a confluence of factors including lack of adequate
health care, heightened exposure to the virus in the workplace,
increased prevalence of comorbidities, economic hardship, and lack of
stable housing.

According to the Human Rights Campaign:

*17% of LGBTQ adults do not have any kind of health insurance coverage,
compared to 12% of non-LGBTQ adults;

*About 22% of LGBTQ adults live in poverty in the U.S., compared to
about 16% of straight and cisgender adults;

*About 40% of LGBTQ workers are employed in industries heavily impacted
by COVID-19, compared to 22% of non-LGBTQ workers;

*37% of LGBTQ adults smoke every day and 21% have asthma, making them
more vulnerable to respiratory illnesses such as COVID-19;

* 40% of homeless youth identify as LGBTQ; and

* 29% of transgender adults live in poverty, 29% of transgender women
have avoided going to the doctor due to cost, and 22% of transgender
adults have no form of health coverage.

Though the State has publicized critical data relating to the dispropor-
tionate impact of COVID-19 on people of color, information on how it has
affected the LGBTQ community has been much more difficult to come by.

This lack of data is unfortunately a common occurrence - all too often,
the State and local governments fail to collect specific information on
the sexual orientation and gender identity of individuals served by
government programs or cared for by providers.  This hampers the ability
of policy-makers to respond effectively to the unique needs of a commu-
nity which is often subject to discrimination and insufficient cultural
sensitivity.

In this time of tremendous hardship, LGBTQ New Yorkers deserve to have a
data-driven response from their government that is tailored to meet
their immense needs. This bill would accomplish that goal by requiring
the New York State Department of Health to collaborate with local health
departments to collect data relating to the sexual orientation and
gender identity of individuals diagnosed with COVID-19.

 
PRIOR LEGISLATIVE HISTORY:

S.8356 of 2020 (Hoylman): Died in Health

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.