LGBT Rights for Long-Term Care Facility Residents

Author: Trina Clayton

Along with SB 396 , another new law expanding transgender rights in California is SB 219 – the Lesbian, Gay, Bisexual, and Transgender (LGBT) Long-Term Care Facility Resident’s Bill of Rights – will go into effect on January 1, 2018.  The catalyst for this bill comes from the unique needs of California’s senior LGBT population.  Studies have indicated that many older LGBT adults do not have children and report a higher-than average incidence of poor physical health, which includes living with HIV or AIDS.  As a result, many LGBT seniors have a heightened need for care when compared to seniors in California generally, but often lack the family support networks available to non-LGBT seniors and will likely rely more heavily on long-term care facilities.

SB 219 makes it unlawful for a facility or its staff to take certain actions because of a person’s actual, or perceived sexual orientation, gender identity, gender expression, or HIV status, including:

  • Denying admission to a long-term care facility,
  • Transferring or refusing to transfer a resident within a facility or to another facility;
  • Evicting or discharging a resident;
  • Willfully and repeatedly failing to use a resident’s preferred name or pronoun;
  • Prohibiting residents from wearing clothing that is allowed for any other resident; and
  • Restricting the right to associate with other residents.

For specific legal advice regarding gender identity/expression regulations or any other employment issue, please contact Ad Astra for guidance.

By Scripta Ad Astra Staff

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