DOH Clarifies LGBT/HIV Bill of Rights Training
(Aug. 19, 2024) The Department of Health (DOH) has clarified the various ways that nursing homes and adult care facilities (ACFs) may satisfy the training required under the Lesbian, Gay, Bisexual, and Transgender (LGBT)/Human Immunodeficiency Virus (HIV) Bill of Rights law. Notably, the Department is permitting facilities to use two different DOH-developed resources and/or facilities' own training resources to satisfy the law's training requirement. Specifically, the Department explained:
- The 90-minute online training that was presented on Aug. 14th will satisfy the Bill of Rights law's training requirement for any staff members who view the training. However, it is designed for facility leaders, not for direct care staff. It is intended to help leaders to understand the responsibilities of facilities under the LGBT/HIV Bill of Rights law and to develop policies and procedures accordingly.
- The Department is making available a 30-minute training that will also satisfy the law’s training requirement. This 30-minute training is designed for all staff, not just facility leaders, including those staff with lower levels of educational attainment and literacy. This training will be available soon.
- Recordings of both webinars will be made available through the Department's Learning Management System (LMS) platform. The recording of the 90-minute training has been posted, and instructions for accessing it are set forth below. LeadingAge NY will alert members when the 30-minute training becomes available.
- Facilities may also comply with the training requirements by using other training programs that they have developed internally or purchased, provided that the programs meet the specifications of the law.
- Facilities may develop their own procedures for documenting attendance at a training. They are not required to obtain and maintain the certificates of compliance generated by the Department's systems.
The LGBT/HIV Bill of Rights law requires that, at least once every two years, every facility staff member who works directly with residents receives training on cultural competency pertaining to residents who identify as LGBT or have HIV.
To access the recording of the 90-minute training, trainees must create an account in the DOH LMS here. Once an account is created and the trainee has logged in, they should click on the "My Courses" button in the gray box on the left side of the page, search for "bill of rights" in the keyword search box, and click "enroll" next to the course entitled "OALTC-Bill of Rights for Long-Term Care Facility Residents who are LGBTQ or Living with HIV."
A separately enacted law, Chapter 81 of 2023, requires training of all home health aides, nurse aides, and personal care aides, regardless of setting, focusing on working with patients of diverse sexual orientations or gender identities or expressions. The 30-minute Bill of Rights training will also satisfy the training requirement under Chapter 81 of 2023.
LeadingAge NY appreciates the Department’s flexibility regarding the required training. More information is available here.
Contact: Karen Lipson, klipson@leadingageny.org