Bill Text: NJ A4093 | 2024-2025 | Regular Session | Introduced
Bill Title: Clarifies staff training requirements at long-term care facilities regarding care of lesbian, gay, bisexual, transgender, questioning, queer, and intersex seniors and seniors living with HIV.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-03-18 - Introduced, Referred to Assembly Aging and Human Services Committee [A4093 Detail]
Download: New_Jersey-2024-A4093-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Clarifies staff training requirements at long-term care facilities regarding care of lesbian, gay, bisexual, transgender, questioning, queer, and intersex seniors and seniors living with HIV.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning staff training at long-term care facilities and amending P.L.2021, c.33.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2021, c. 33 (C.26:2H-12.106) is amended to read as follows:
6. a. Each long-term care facility shall ensure that the administrators and staff at the long-term care facility receive training, on at least a biennial basis, concerning:
(1) caring for LGBTQI seniors and seniors living with HIV; and
(2) preventing discrimination based on sexual orientation, gender identity or expression, intersex status, and HIV status.
b. At a minimum, the training required pursuant to this section shall include:
(1) the definition of the terms commonly associated with sexual orientation, gender identity and expression, intersex status, and HIV;
(2) best practices for communicating with or about LGBTQI seniors and seniors living with HIV, including the use of a resident's chosen name and pronouns;
(3) a description of the health and social challenges historically experienced by LGBTQI seniors and seniors living with HIV, including discrimination when seeking or receiving care at long-term care facilities, and the demonstrated physical and mental health effects within the LGBTQI community associated with such discrimination;
(4) strategies to create a safe and affirming environment for LGBTQI seniors and seniors living with HIV, including suggested changes to facility policies and procedures, forms, signage, communication between residents and their families, activities, and staff training and in-services; and
(5) an overview of the provisions of [this act] P.L.2021, c. 33 (C.26:2H-12.101 et seq.).
c. [The training required pursuant to this section shall be provided by an entity that has demonstrated expertise in identifying the legal, social, and medical challenges faced by, and in creating safe and affirming environments for, LGBTQI seniors and seniors living with HIV who reside in long-term care facilities in New Jersey.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
d. (1) Each long-term care facility shall designate two employees, including one employee representing management at the facility and one employee representing direct care staff at the facility, to receive in-person training provided by an entity that has demonstrated expertise in identifying the legal, social, and medical challenges faced by, and in creating safe and affirming environments for, LGBTQI seniors and seniors living with HIV who reside in long-term care facilities in New Jersey within six months after the effective date of this [act] P.L.2021, c. 33 (C.26:2H-12.101 et seq.) which designated employees shall serve as points of contact for the facility regarding compliance with the provisions of [this act] P.L.2021, c. 33 (C.26:2H-12.101 et seq.) and shall develop a general training plan for the facility. In the event a designated employee ceases to be employed by the facility, the facility shall designate another employee, who is representative of the employee group represented by the former designee, who shall complete the in-person training required pursuant to this paragraph, serve as a point of contact for the facility regarding compliance with the provisions of [this act] P.L.2021, c. 33 (C.26:2H-12.101 et seq.), and have joint responsibility for the facility's training plan.
(2) Administrators and staff
members currently employed by a long-term care facility, other than [an employee] the two
employees designated pursuant to paragraph (1) of this subsection, shall
complete the training required pursuant to this section within one year after
the effective date of [this
act] P.L.2021,
c. 33 (C.26:2H-12.101 et seq.). Administrators and staff hired by a
long-term care facility after the effective date of [this act] P.L.2021,
c. 33 (C.26:2H-12.101 et seq.) shall complete the training required
pursuant to this section within one year after the date of hire, unless the
individual provides documentation demonstrating that the individual has
completed equivalent training within the past two years. All training
described under this paragraph shall be provided by the employees designated pursuant
to paragraph (1) of this subsection, utilizing the information and training materials
received from the selected training entity under paragraph (1) of this subsection
during the designated employees' in-person training.
(3) Each long-term care facility shall retain records documenting the completion of the training required pursuant to this section by each administrator and staff member at the long-term care facility. Compliance records shall be made available, upon request, to the Department of Health, the Department of Human Services, and the Office of the State Long-Term Care Ombudsman.
e. Each long-term care facility shall assume the cost of providing the training required pursuant to this section.
(cf: P.L.2021, c.33, s.6)
2. This act shall take
effect immediately.
STATEMENT
This bill clarifies provisions under current law, which require long-term care facilities to ensure that the administrators and staff at the facility receive training: concerning caring for lesbian, gay, bisexual, transgender, questioning, queer, and intersex seniors and seniors living with HIV; and preventing discrimination based on sexual orientation, gender identity or expression, intersex status, and HIV status. Specifically, this bill amends the law to provide that the training entity selected by the long-term care facility under existing law is only required to provide in-person training to two designated employees, one which must represent management at the facility and one which must represent direct care staff at the facility. The bill further clarifies that these two designated employees are required to provide training, utilizing the information and training materials received from the selected training entity, to train the remaining administrators and staff members employed at the facility.
