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HF3344 (Legislative Session 94 (2025-2026))

Rights and protections for residents of certain long-term care settings modified, rights and protections for clients receiving home care services and clients receiving home and community-based services modified, arbitration provisions prohibited, notices required, civil actions authorized, and money appropriated.

Related bill: SF3544

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to safeguard and expand the rights and protections for LGBTQIA2S and HIV-positive individuals in long-term care facilities and those receiving home care services. It aims to prevent discrimination and improve the cultural competency of staff to better cater to the needs of these communities.

Main Provisions

  • Safeguards Against Discrimination: Prohibits discrimination in long-term care settings based on sexual orientation, gender identity, gender expression, intersex status, and HIV status. It ensures that residents and clients can make decisions about their care, live according to their gender identity, and receive all medically necessary care without bias.

  • Training Requirements: Mandates cultural competency training for all staff in relevant health care facilities to include topics like sexual orientation, gender identity, the unique health challenges faced by LGBTQIA2S individuals, and HIV care and stigma reduction. This training is required shortly after employment and periodically thereafter.

  • Civil Rights and Protections: Provides residents and clients the right to take civil action in case of discrimination based on the aforementioned identities. Also, extends privacy protections and establishes sanctions for facilities that discriminate against these groups.

  • Policy Changes: Forbids the use of arbitration to settle disputes over care services in facilities, thereby preserving residents' rights to civil litigation.

  • Facility Responsibilities: Facilities must provide notices of rights, prevent discrimination and harassment, respect chosen names and pronouns, and protect residents' privacy. They are also required to adjust policies, procedures, forms, and staff training to create an inclusive environment.

  • Regulatory Changes: Amends various Minnesota statutes to align with these protections, ensuring consistent enforcement, potential fines for violations, and specifying that a chief diversity officer is designated for all entities with 25 or more employees.

Significant Changes to Existing Law

  • The bill amends existing Minnesota statutes concerning health care facilities and their operational requirements, adding new provisions for LGBTQIA2S and HIV protections.
  • It mandates new training standards across multiple facility types and increases accountability and transparency in care.
  • Introduces the possibility of civil actions and fines against facilities found to violate the new rights and protections.

Relevant Terms

  • LGBTQIA2S
  • HIV-positive
  • Gender identity
  • Cultural competency
  • Civil action
  • Discrimination
  • Gender-affirming care
  • Long-term care
  • Home care services

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
May 18, 2025HouseFloorActionIntroduction and first reading, referred toHealth Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "Nondiscrimination notices related to gender identity, sexual orientation, and HIV status.",
        "Details on resident's rights to use chosen names and pronouns, and protection against involuntary room reassignments."
      ],
      "removed": [
        "Removed previous ambiguous terms regarding identity protections."
      ],
      "summary": "This bill modifies the patient and resident bill of rights in various sections to include protections against discrimination based on gender identity, sexual orientation, and HIV status under section 144.651.",
      "modified": [
        "Expanded definitions of terms like gender identity, gender expression, and more."
      ]
    },
    "citation": "144.651",
    "subdivision": "subdivisions 2, 6, 12, 15, 16, 22, 26, 28, 29"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors