New York State continues to lead efforts to ensure that healthcare providers deliver inclusive, affirming care for LGBTQIA+ individuals and those living with HIV. This commitment is reflected in New York Public Health Law § 2803-c-2, enacted in 2022, which established the Lesbian, Gay, Bisexual, and Transgender, and People Living with HIV Long-Term Care Facility Residents’ Bill of Rights. Initially aimed at long-term care facilities, the law has broader implications for home care and home health agencies as outlined in recent updates from the Department of Health.
What the Law Requires
The original legislation mandated cultural competency training for staff working in:
- Nursing Homes
- Adult Care Facilities
Key requirements included:
- Training focused on providing affirming care for LGBTQIA+ individuals and those living with HIV.
- Training must be provided at least once every two years to staff working directly with residents.
This foundation established protections against discrimination based on sexual orientation, gender identity or expression, and HIV status, creating safer care environments for vulnerable populations.
Expanding to Home Care and Home Health Agencies
The 2024 Dear Administrator Letters (DALs) clarified that home care and home health agencies are also expected to comply with these training requirements if they provide care to older adults or individuals under Medicaid programs. This expansion ensures that LGBTQIA+ individuals receiving care at home benefit from the same affirming practices mandated for LTC facilities.
Key requirements for home care agencies:
- Staff Training:
- All direct-care staff must complete cultural competency training within six months of hire and then every two years.
- Training must cover LGBTQIA+ rights, inclusivity, and care for individuals living with HIV.
- Access to Training:
- Agencies may utilize the NYSDOH’s free module, Affirming Care for Older LGBTQIA+ Individuals, available on the New York Learns Public Health Learning Management System (Course #OALTC-603).
- Alternatively, agencies may use alternate training provided they meet the state’s standards, such as the Showdme course “Affirming Care: LGBTQIA+ Rights for Clients and Residents”.
- Tracking Compliance:
- Agencies must monitor and document staff training completion to remain compliant.
- Non-compliance may result in enforcement actions during audits or inspections.
What’s New in 2024?
The updated DALs introduced several enhancements to support compliance:
- State-Approved Module:
- The DOH provides a standardized training module, ensuring a consistent approach across organizations.
- Clear Timelines:
- New hires must complete training within six months, addressing delays in onboarding compliance.
- Flexibility for Providers:
- Organizations can use alternative training as long as it meets state requirements.
Why This Matters
Expanding these requirements to home care and home health agencies reflects New York State’s dedication to affirming care for all individuals, regardless of where they receive services. LGBTQIA+ individuals often face unique challenges in healthcare settings, and this initiative ensures that both residential and in-home care environments are equipped to meet their needs with dignity and respect.
Next Steps for LTC and Home Care Organizations
To comply with these requirements:
- Train all direct-care staff on LGBTQIA+ cultural competency within the mandated timelines.
- Use the state-provided module or an equivalent program that meets the training criteria, such as “Affirming Care: LGBTQIA+ Rights for Clients and Residents”.
- Maintain detailed records of staff training completion for compliance reviews.
For further details, you can access the law here and the latest DALs here:
How Showd.me Can Help
Showd.me makes it simple for organizations to comply with New York State’s LGBTQIA+ cultural competency training requirements. Our course, “Affirming Care: LGBTQIA+ Rights for Clients and Residents,” is designed to meet state standards while providing engaging, practical training for your staff.
Plus, we’ll manage the entire training process from start to finish including:
- Employee enrollment
- Completion monitoring
- Proactive training reminders to staff
- Certificate delivery, management & storage
- Audit-ready reports
Contact us today to learn more about how Showd.me is helping post-acute care organizations deliver the training their employees need to deliver exceptional care to those they serve, including providing affirming, inclusive care that supports the dignity and rights of all clients and residents.
