HF3344

Purpose of the Bill

This bill aims to enhance protections and rights for residents in long-term care settings and for clients receiving home care services, specifically targeting discrimination issues faced by LGBTQIA2S individuals and people living with HIV.

Main Provisions

• LGBTQIA2S and HIV Bill of Rights: Establishes rights for LGBTQIA2S and HIV-positive individuals in long-term care environments to protect against discrimination.
• Cultural Competency Training: Mandates training on LGBTQIA2S and HIV cultural competency for staff at various care facilities. Direct-care and non-direct-care staff must undergo periodic training.
• Prohibition of Discrimination: Prohibits facilities from discriminating based on sexual orientation, gender identity, gender expression, intersex status, two-spirit identity, or HIV status.
• Name and Pronoun Usage: Requires care facilities to respect residents' chosen names and pronouns, prohibiting staff from refusing to use them.
• Visitor Rights: Ensures that residents can have visitors of their choice, including those appointed as healthcare agents.
• Restroom Rights: Permits individuals to use restrooms that align with their gender identity.
• Freedom from Retaliation: Protects residents who file complaints concerning discrimination from retaliation by the care facility.
• Civil Action: Allows affected individuals to initiate legal action for violations of these rights.
• Arbitration Clause Prohibition: Prohibits long-term care and home care facilities from including arbitration clauses in their service agreements.

Significant Changes to Existing Law

• The bill modifies Minnesota’s existing statutes, clarifying and expanding the rights of LGBTQIA2S individuals and those with HIV by incorporating specific non-discrimination clauses.
• It adds training requirements for care facility staff on cultural competence in addressing the needs of LGBTQIA2S communities and individuals with HIV.
• Establishes explicit civil remedies for violations of rights based on sexual orientation, gender identity, and HIV status.

Relevant Terms

LGBTQIA2S, HIV, gender identity, gender expression, cultural competency, discrimination, long-term care, civil action, transgender, sexual orientation, civil rights, incarceration provisions, arbitration.