Private Right of Action Removed from LGBT Legislation

On May 26th, legislation that would create a Lesbian, Gay, Bisexual and Transgender (LGBT) Bill of Rights for long-term care facility residents was significantly amended to make the bill more palatable for providers. SB 219 (Weiner, D-San Francisco) aims to address the rights of LGBT residents in long-term care facilities, and prohibits the facility from taking specified actions based on a person’s sexual orientation, gender identity, gender expression or human immunodeficiency virus (HIV) status.

While LeadingAge California members have long championed the right of freedom of discrimination based on sexual orientation or gender identity, we had been concerned that the legislation included a private right of action for current and former residents to seek legal remedies outside of the current regulatory processes.The previously included private right of action in the legislation would have significantly increased litigation against long-term care facilities, and would have drove up liability insurance premiums to unsustainable levels.

LeadingAge California worked very closely with author’s office to secure an amendment that would eliminate the private right of action from the legislation, and have moved to a position of “neutral” on this bill.