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New Nursing Home Nondiscrimination Requirements

The New York State Department of Health (“DOH”) is adopting Public Health Law Section 2803-c-2, effective May 28, 2024. This section establishes that it is unlawful for a nursing home or adult care facility to take or fail to take certain actions based on a resident’s actual or perceived sexual orientation, gender identity or expression, or HIV status.


To be in compliance with this law, facilities must provide at least once every two (2) years cultural competency training (more guidance will be forthcoming from the DOH) to each facility staff member who works directly with residents who identify as lesbian, gay, bisexual or transgender and or/residents who are living with HIV. Additionally, each facility must post the below-quoted language on documents where there are non-discrimination policies:


"(NAME OF FACILITY) DOES NOT DISCRIMINATE AND DOES NOT PERMIT DISCRIMINATION, INCLUDING, BUT NOT LIMITED TO, BULLYING, ABUSE, HARASSMENT, OR DIFFERENTIAL TREATMENT ON THE BASIS OF ACTUAL OR PERCEIVED SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR HIV STATUS, OR BASED ON ASSOCIATION WITH ANOTHER INDIVIDUAL ON ACCOUNT OF THAT INDIVIDUAL'S ACTUAL OR PERCEIVED SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR HIV STATUS. YOU MAY FILE A COMPLAINT WITH THE OFFICE OF THE NEW YORK STATE LONG-TERM CARE OMBUDSPERSON PROGRAM (PROVIDE CONTACT INFORMATION) IF YOU BELIEVE THAT YOU HAVE EXPERIENCED THIS KIND OF DISCRIMINATION."


For reference, common documents in long-term care facilities which reference such non-discrimination policies include, but are not limited to, Employee Handbooks, Admission Applications, Admission Policies, Nondiscrimination Notices, and Compliance Plans. 


 

Our firm has extensive experience counseling clients on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.


New Nursing Home Nondiscrimination Requirements
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. ©2024 Law Offices of Pullano & Farrow PLLC

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