BILL NUMBER: S8668
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the public health law, in relation to enacting the
"protection, respect, inclusion, dignity, and equality (PRIDE) care act"
 
PURPOSE:
This bill will extend existing anti-discrimination protections for
LGBTQ+ and HIV positive seniors in long-term care to those receiving
home care services.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one establishes the bill title.
Section two amends section 3602 of the public health law by adding new
subdivisions 18 24.
Section three amends the public health law by adding a new section 3604.
Section four establishes the effective date.
 
JUSTIFICATION:
New York State has long been a safe haven for the LGBTQ community.
However, despite valiant strides toward equality, more protections are
urgently needed to prevent the discrimination of LGBTQ individuals in
long-term care settings.
According to a 2015 report by Justice in Aging, 89% of long-term care
respondents believed they would be discriminated against if they
disclosed their sexual orientation, gender identity or HIV status.
What's more, 43% of LGTBQ individuals reported being mistreated by staff
or other residents because of their identity, with caretakers and other
staff purposely misusing people's pronouns or refusing care solely based
on an individual's sexual orientation or gender identity.
In 2023, New York State passed legislation creating a long-term care
bill of rights, protecting older adults against discrimination based on
their actual or perceived sexual orientation, gender identity or
expression, or HIV status. However, these protections do not extend to
those who receive care in their own homes. This legislation would extend
the same anti-discrimination protections to those receiving home care
services, ensuring that patients are made aware of their rights, as well
as require home care professionals to receive training on the unique
challenges faced by LGBTQ individuals and those living with HIV.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
90 days.

Statutes affected:
S8668: 3602 public health law