DOH Releases New LGBT/HIV Cultural Competency Training

(Oct. 8, 2024) The Department of Health has posted a new training designed to help nursing homes and adult care facilities to satisfy the cultural competency requirements of a 2022 law designed to protect lesbian, gay, bisexual, transgender (LGBT) and HIV-positive residents from discrimination.   This training provides a shorter alternative to the 90-minute executive-level training released in July. 

The statute requires all staff in adult care facilities (ACFs) and nursing homes who work directly with residents to receive training in cultural competency related to residents who identify as LGBT or who have HIV.  Staff must receive the training once every 2 years and within 6 months of hire, unless the newly hired staff member provides proof of compliance with the training requirement within the prior 2 years. 

In a Dear Administrator Letter (DAL) released last week, the Department of Health (DOH) noted that the new training was developed to be accessible to a broader audience, including those with lower literacy levels.  The training is available on the "New York Learns Public Health Learning Management System."  Users must register (i.e., create an account) in the platform and may find the webinar, identified as Course #OALTC-603, in the Course and Program Catalog by conducting a Catalog Query and typing “Affirming” in the search function.

After the course is completed, registered users will receive a confirmation certificate.  The DAL notes that the confirmation certificate should be retained.  However, the DAL also states that facilities may prefer to "make otherwise available the content provided by the Department as described herein."  In a prior meeting, DOH staff advised that facilities may develop their own methods of verifying and documenting staff participation in the training.  The facility must be able to "demonstrate acceptable compliance" upon request.

The DAL further indicates that facilities may prefer to "update their existing cultural competency training curriculum to comply with the requirements of this law."   The DAL contains a checklist enumerating the required elements of the training.

Facilities may notice that the checklist refers to Chapter 81 of the Laws of 2023.  This law is distinct from the nursing home and ACF LGBT/HIV cultural competency law.  It requires home health and personal care aide and nurse aide certification programs to include training in working with people of diverse sexual orientations and gender identities. DOH staff have advised LeadingAge NY that the checklist is applicable to both programs under both statutes.  The Department has not yet released guidance pertaining to the aide certification training law. 

LeadingAge NY will notify members of any developments in relation to the implementation of either law.

Contact: Karen Lipson, klipson@leadingageny.org.