Bill of Rights for Long-Term Care Facility Residents

Today, November 30th, 2023, New York State Governor Kathy Hochul signed legislation S.1783A/A.372A, which establishes a bill of rights for long-term care facility residents who are lesbian, gay, bisexual, transgender, or living with HIV. The bill prohibits long-term care facilities and their staff from discriminating against any resident on the basis of a resident’s actual or perceived sexual orientation, gender identity or expression, or HIV status. This legislation builds on existing protections from discrimination already established in New York’s Human Rights Law by prohibiting long-term care facilities and their staff from making discriminatory decisions based on a resident’s actual or perceived sexual orientation, gender identity or expression or HIV status, such as:

• Denying admission to a long-term facility
• Transferring or denying a transfer within a facility or to another facility
• Discharging or evicting a resident from a facility