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A first-of-its-kind bill being considered by the Minnesota Legislature aims to create more inclusive environments for vulnerable residents in senior living and other long-term care settings, along with implementing training requirements and penalties for noncompliance. One advocacy group says it could serve as a national model for how to “build long-term care systems that honor dignity, choice and respect for all.”
HF 3344 would develop the LGBTQIA2S+ and HIV Long-Term Care Bill of Rights, which would prohibit discriminatory practices, such as enforcing gender norms, refusing to use chosen names or pronouns, restricting visitation based on sexual orientation or gender identity, and evicting or refusing admission based on someone’s actual or perceived sexual orientation, gender identity or expression, intersex status, two-spirit identity or HIV status.
The bill focuses on rights and protection of LGBTQIA2S+ individuals and those living with HIV. LGBTQIA2S+ refers to individuals who identify as lesbian, gay, bisexual, transgender, queer, gender expansive (individuals whose gender identify/expression falls outside of or expands on traditional gender norms), intersex (people with genitals, chromosomes or reproductive organs who don’t fit into male/female sex binary definitions), asexual or two-spirit (diverse sexual identities/gender expressions within Indigenous communities).
“This is the first LGBTQIA2S+ and HIV long-term care bill of rights in the country that explicitly includes protections for people receiving home- and community-based services,” Terri L. Wilder, SAGE HIV and aging policy advocate, said in a statement. “Many people live and age outside of facilities, and this legislation ensures they are not invisible in policy or practice.”
In addition, the legislation would mandate cultural competency training for staff members — including people working in assisted living communities — to ensure that they have the skills needed to provide sensitive support. Providers would need to maintain records indicating that such training had occurred. Other key provisions in the bill include providers ensuring access to appropriate healthcare, providers ensuring privacy regarding residents’ personal and medical records, and residents’ rights to refuse nontherapeutic treatments.
The legislation emphasizes the importance of confidentiality, allows residents to control the disclosure of their personal information, and establishes a framework for civil action in cases of violations of those rights.
LGBTQ+ elder advocacy organization SAGE called the bill “groundbreaking” and said it could serve as a national model for how to “build long-term care systems that honor dignity, choice and respect for all.”
State Rep. Liz Reyer (D) and 34 co-sponsors introduced the bill on May 18, and state Sen. Scott Dibble (D), an openly gay legislator, introduced the Senate version with four co-sponsors.
“This bill isn’t just about protecting people from harm — it’s about affirming their right to be seen, respected and supported in every setting, to live their lives with dignity,” Dibble said in a statement.
In a press release, SAGE pointed to studies showing that LGBTQIAS2+ older adults experience better mental health and social outcomes with HCBS compared with care in institutional settings such as nursing homes, where many fear discrimination, isolation or being forced back into the closet. The legislation, SAGE noted, directly responds to those fears.
“Long-term care facilities have a well-documented history of mistreatment toward LGBTQIA2S+ residents,” SAGE stated. “There is a long, painful history of HIV-related stigma and discrimination in long-term care, where people living with HIV have been shunned, denied appropriate medical attention, or treated with fear and ignorance.”
The bill was introduced late in the state’s legislative session, and little discussion has taken place about it.
“I will say in general that person-centered care compels us to treat each individual with dignity, respond to their unique needs, and fiercely protect their rights,” Nicole Mattson, Care Providers of Minnesota vice president of strategic initiatives, told McKnight’s Senior Living.
A first-of-its-kind bill being considered by the Minnesota Legislature aims to create more inclusive environments for vulnerable residents in senior living and other long-term care settings, along with implementing training requirements and penalties for noncompliance. One advocacy group says it could serve as a national model for how to “build long-term care systems that honor dignity, choice and respect for all.”
HF 3344 would develop the LGBTQIA2S+ and HIV Long-Term Care Bill of Rights, which would prohibit discriminatory practices, such as enforcing gender norms, refusing to use chosen names or pronouns, restricting visitation based on sexual orientation or gender identity, and evicting or refusing admission based on someone’s actual or perceived sexual orientation, gender identity or expression, intersex status, two-spirit identity or HIV status.
The bill focuses on rights and protection of LGBTQIA2S+ individuals and those living with HIV. LGBTQIA2S+ refers to individuals who identify as lesbian, gay, bisexual, transgender, queer, gender expansive (individuals whose gender identify/expression falls outside of or expands on traditional gender norms), intersex (people with genitals, chromosomes or reproductive organs who don’t fit into male/female sex binary definitions), asexual or two-spirit (diverse sexual identities/gender expressions within Indigenous communities).
“This is the first LGBTQIA2S+ and HIV long-term care bill of rights in the country that explicitly includes protections for people receiving home- and community-based services,” Terri L. Wilder, SAGE HIV and aging policy advocate, said in a statement. “Many people live and age outside of facilities, and this legislation ensures they are not invisible in policy or practice.”
In addition, the legislation would mandate cultural competency training for staff members — including people working in assisted living communities — to ensure that they have the skills needed to provide sensitive support. Providers would need to maintain records indicating that such training had occurred. Other key provisions in the bill include providers ensuring access to appropriate healthcare, providers ensuring privacy regarding residents’ personal and medical records, and residents’ rights to refuse nontherapeutic treatments.
The legislation emphasizes the importance of confidentiality, allows residents to control the disclosure of their personal information, and establishes a framework for civil action in cases of violations of those rights.
LGBTQ+ elder advocacy organization SAGE called the bill “groundbreaking” and said it could serve as a national model for how to “build long-term care systems that honor dignity, choice and respect for all.”
State Rep. Liz Reyer (D) and 34 co-sponsors introduced the bill on May 18, and state Sen. Scott Dibble (D), an openly gay legislator, introduced the Senate version with four co-sponsors.
“This bill isn’t just about protecting people from harm — it’s about affirming their right to be seen, respected and supported in every setting, to live their lives with dignity,” Dibble said in a statement.
In a press release, SAGE pointed to studies showing that LGBTQIAS2+ older adults experience better mental health and social outcomes with HCBS compared with care in institutional settings such as nursing homes, where many fear discrimination, isolation or being forced back into the closet. The legislation, SAGE noted, directly responds to those fears.
“Long-term care facilities have a well-documented history of mistreatment toward LGBTQIA2S+ residents,” SAGE stated. “There is a long, painful history of HIV-related stigma and discrimination in long-term care, where people living with HIV have been shunned, denied appropriate medical attention, or treated with fear and ignorance.”
The bill was introduced late in the state’s legislative session, and little discussion has taken place about it.
“I will say in general that person-centered care compels us to treat each individual with dignity, respond to their unique needs, and fiercely protect their rights,” Nicole Mattson, Care Providers of Minnesota vice president of strategic initiatives, told McKnight’s Senior Living.
