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SF3544 (Legislative Session 94 (2025-2026))

Rights and protections for residents of certain long-term care settings modification; rights and protections for clients receiving home care services and rights and protections for home and community-based services recipients

Related bill: HF3344

AI Generated Summary

Purpose

The bill aims to protect the rights of LGBTQIA2S individuals and those living with HIV in long-term care and home health care settings. It seeks to ensure these individuals are not subject to discrimination, mistreatment, or inadequate care and are provided with tailored services that respect their identity and health needs.

Main Provisions

  • LGBTQIA2S and HIV Bill of Rights: Establishes a formal statement of rights for LGBTQIA2S individuals and those with HIV in long-term care and home care settings.
  • Staff Training: Requires staff at nursing homes, assisted living facilities, and home care providers to receive training in cultural competency related to LGBTQIA2S and HIV issues.
  • Prohibition on Discrimination: Bars discrimination based on sexual orientation, gender identity, gender expression, intersex status, two-spirit identity, or HIV status. This includes prohibitions on wrongful discharges, denial of room assignments, and arbitrary transfers.
  • Rights to Gender Identity Recognition: Ensures residents' chosen names and pronouns are respected, and their gender identity is acknowledged without requiring legal documentation.
  • Civil Actions: Allows residents to bring civil action for violations of their established rights regarding discrimination in care settings.
  • Restroom Accessibility: Establishes the right for residents to use restrooms that correspond with their gender identity without harassment.
  • Privacy Protections: Mandates confidentiality concerning a resident's gender identity or HIV status in both care settings and their records.
  • Services and Care: Guarantees access to appropriate health care, including gender-affirming treatments and counseling where recommended by their healthcare provider.

Significant Changes to Existing Law

  • Expands existing patient and resident rights within care facilities to specifically address and protect against discrimination based on LGBTQIA2S identity or HIV status.
  • Introduces mandatory training programs for care providers to improve cultural competency concerning these communities.
  • Creates new legal recourse for residents through civil actions if their rights are violated.
  • Amends notice requirements and complaint handling procedures to include provisions regarding discrimination and privacy.

Relevant Terms

LGBTQIA2S, HIV, gender identity, gender expression, intersex, two-spirit, cultural competency, discrimination, civil action, long-term care, home care, residents' rights, gender-affirming care, privacy.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
May 19, 2025SenateFloorActionIntroduction and first reading
May 19, 2025SenateFloorActionReferred toHuman Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "New definitions for terms including gender expression and gender identity."
      ],
      "removed": [],
      "summary": "This bill amends definitions related to patient and resident rights in long-term care facilities under section 144.651.",
      "modified": [
        "Expanded definition of 'resident' to include those in certain types of housing programs."
      ]
    },
    "citation": "144.651",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Modification of the statute referencing definitions under section 363A.03 for gender identity.",
      "modified": [
        "Clarified meaning given to gender identity in discrimination statutes."
      ]
    },
    "citation": "363A.03",
    "subdivision": "subdivision 50"
  },
  {
    "analysis": {
      "added": [
        "Fines for violations related to discrimination."
      ],
      "removed": [
        ""
      ],
      "summary": "The citation pertains to enforcement mechanisms for home care violations.",
      "modified": [
        "Description of levels and scope of violations."
      ]
    },
    "citation": "144A.475",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Provisions for privacy and nondiscrimination rights."
      ],
      "removed": [
        ""
      ],
      "summary": "Amended the client bill of rights for home care services in section 144A.44.",
      "modified": [
        "Expanded patient rights to include LGBTQIA2S and HIV considerations."
      ]
    },
    "citation": "144A.44",
    "subdivision": "subdivision 1"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors