Assembly Bill A866A

2019-2020 Legislative Session

Establishes the lesbian, gay, bisexual, and transgender long-term care facility residents' bill of rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A866 - Details

Current Committee:
Assembly Aging
Law Section:
Elder Law
Laws Affected:
Amd §203, Eld L; add Art 46-C §§4670 - 4677, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11300
2021-2022: A7807
2023-2024: A372

2019-A866 - Summary

Establishes the lesbian, gay, bisexual, and transgender long-term care facility residents' bill of rights.

2019-A866 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    866
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Aging
 
 AN ACT to amend the elder law, in relation to establishing the  lesbian,
   gay, bisexual, and transgender long-term care facility residents' bill
   of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The elder law is amended by adding a new article 4 to  read
 as follows:
                                  ARTICLE 4
       LESBIAN, GAY, BISEXUAL, AND TRANSGENDER LONG-TERM CARE FACILITY
                         RESIDENTS' BILL OF RIGHTS
 SECTION 263. DEFINITIONS.
         264. UNLAWFUL ACTIONS.
         265. RECORDKEEPING.
         266. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
         267. RESIDENT PRIVACY.
         268. TRAINING.
         269. APPLICATION.
         270. VIOLATIONS.
   § 263. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1."GENDER  IDENTITY  OR  EXPRESSION"  SHALL  MEAN A PERSON'S ACTUAL OR
 PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,  OR
 OTHER  GENDER-RELATED  CHARACTERISTIC  REGARDLESS OF THE SEX ASSIGNED TO
 THAT PERSON AT BIRTH, INCLUDING, BUT NOT LIMITED TO, THE STATUS OF BEING
 TRANSGENDER.
   2. "GENDER-NONCONFORMING" SHALL MEAN A PERSON WHOSE GENDER  EXPRESSION
 DOES  NOT  CONFORM  TO  STEREOTYPICAL EXPECTATIONS OF HOW A MAN OR WOMAN
 SHOULD APPEAR OR ACT.
   3. "LGBT" SHALL MEAN LESBIAN, GAY, BISEXUAL, OR TRANSGENDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01537-01-9
              

co-Sponsors

2019-A866A - Details

Current Committee:
Assembly Aging
Law Section:
Elder Law
Laws Affected:
Amd §203, Eld L; add Art 46-C §§4670 - 4677, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11300
2021-2022: A7807
2023-2024: A372

2019-A866A - Summary

Establishes the lesbian, gay, bisexual, and transgender long-term care facility residents' bill of rights.

2019-A866A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  866--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  O'DONNELL, QUART, LAVINE, BRONSON,
   REYES, GOTTFRIED, GLICK, DE LA ROSA, CRUZ -- read once and referred to
   the Committee on Aging -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the elder law and the public health law, in relation to
   establishing the lesbian, gay,  bisexual,  and  transgender  long-term
   care facility residents' bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 1 of section 203 of the elder law  is  amended
 to read as follows:
   1. The office shall submit to the federal department of health, educa-
 tion  and  welfare a state plan for purposes of the federal older Ameri-
 cans act of 1965 and subsequent amendments thereto. The office shall  be
 the  single state agency for supervising the administration of such plan
 and shall be primarily responsible for coordination  of  state  programs
 for the aging for purposes of such federal act. The office shall act for
 the state in any negotiations relative to the submission and approval of
 such  plan and may make such arrangements, not inconsistent with law, as
 may be required by or pursuant to federal law to obtain and retain  such
 approval  and  to secure for the state the benefits of the provisions of
 such federal act.  FOR THE PURPOSES OF ADMINISTERING THE  FEDERAL  OLDER
 AMERICANS  ACT  OF  1965  AND  SUBSEQUENT  AMENDMENTS  THERETO, THE TERM
 "GREATEST SOCIAL NEED" SHALL BE INTERPRETED BY THE OFFICE TO INCLUDE THE
 LESBIAN, GAY, BISEXUAL AND TRANGENDER  SENIOR  POPULATION,  AS  WELL  AS
 SENIORS LIVING WITH HIV.
   § 2.  The public health law is amended by adding a new article 46-C to
 read as follows:
                               ARTICLE 46-C
      LESBIAN, GAY, BISEXUAL, AND TRANSGENDER LONG-TERM CARE FACILITY
                         RESIDENTS' BILL OF RIGHTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A866B - Details

Current Committee:
Assembly Aging
Law Section:
Elder Law
Laws Affected:
Amd §203, Eld L; add Art 46-C §§4670 - 4677, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11300
2021-2022: A7807
2023-2024: A372

2019-A866B - Summary

Establishes the lesbian, gay, bisexual, and transgender long-term care facility residents' bill of rights.

2019-A866B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  866--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  O'DONNELL, QUART, LAVINE, BRONSON,
   REYES, GOTTFRIED, GLICK, DE LA ROSA, CRUZ, SEAWRIGHT -- read once  and
   referred  to  the  Committee  on  Aging  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the elder law and the public health law, in relation  to
   establishing  the  lesbian,  gay,  bisexual, and transgender long-term
   care facility residents' bill of rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 1 of section 203 of the elder law is amended
 to read as follows:
   1. The office shall submit to the federal department of health, educa-
 tion and welfare a state plan for purposes of the federal  older  Ameri-
 cans  act of 1965 and subsequent amendments thereto. The office shall be
 the single state agency for supervising the administration of such  plan
 and  shall  be  primarily responsible for coordination of state programs
 for the aging for purposes of such federal act. The office shall act for
 the state in any negotiations relative to the submission and approval of
 such plan and may make such arrangements, not inconsistent with law,  as
 may  be required by or pursuant to federal law to obtain and retain such
 approval and to secure for the state the benefits of the  provisions  of
 such  federal act.   FOR THE PURPOSES OF ADMINISTERING THE FEDERAL OLDER
 AMERICANS ACT OF  1965  AND  SUBSEQUENT  AMENDMENTS  THERETO,  THE  TERM
 "GREATEST SOCIAL NEED" SHALL BE INTERPRETED BY THE OFFICE TO INCLUDE THE
 LESBIAN,  GAY,  BISEXUAL  AND  TRANSGENDER SENIOR POPULATION, AS WELL AS
 SENIORS LIVING WITH HIV.
   § 2.  The public health law is amended by adding a new article 46-C to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01537-07-9
              

co-Sponsors

2019-A866C (ACTIVE) - Details

Current Committee:
Assembly Aging
Law Section:
Elder Law
Laws Affected:
Amd §203, Eld L; add Art 46-C §§4670 - 4677, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11300
2021-2022: A7807
2023-2024: A372

2019-A866C (ACTIVE) - Summary

Establishes the lesbian, gay, bisexual, and transgender long-term care facility residents' bill of rights.

2019-A866C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  866--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  O'DONNELL, QUART, LAVINE, BRONSON,
   REYES, GOTTFRIED, GLICK, DE LA ROSA, CRUZ, SEAWRIGHT -- read once  and
   referred  to  the  Committee  on  Aging  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee on Aging in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the public health law, in relation to establishing the
   lesbian, gay, bisexual, and transgender long-term care facility  resi-
   dents' bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The public health law is amended by adding a  new  article
 46-C to read as follows:
                               ARTICLE 46-C
      LESBIAN, GAY, BISEXUAL, AND TRANSGENDER LONG-TERM CARE FACILITY
                         RESIDENTS' BILL OF RIGHTS
 SECTION 4670. DEFINITIONS.
         4671. UNLAWFUL ACTIONS.
         4672. RECORDKEEPING.
         4673. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
         4674. RESIDENT PRIVACY.
         4675. TRAINING.
         4676. APPLICATION.
         4677. VIOLATIONS.
   § 4670. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1."GENDER  IDENTITY  OR  EXPRESSION"  SHALL  MEAN A PERSON'S ACTUAL OR
 PERCEIVED GENDER-RELATED IDENTITY, APPEARANCE, BEHAVIOR, EXPRESSION,  OR
 OTHER  GENDER-RELATED  CHARACTERISTIC  REGARDLESS OF THE SEX ASSIGNED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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