Biden Signs Executive Order for LGBTQ+ Protections for Long-Term Care Residents

President Biden has issued an executive order providing protections for LGBTQ+ nursing home residents, according to a PA nursing home law firm. On June 15, 2022, the president directed the U.S Department of Health and Human Services to develop and produce a Bill of Rights for LGBTQI+ Older Adults.  This executive order, issued during Pride Month, addresses the social needs of these individuals in obtaining services. A PA Nursing Home Law Firm explains this executive order and what this presidential action requires.

The Executive Order

Section 10 of the Executive Order on Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Individuals requires the Secretary of the Health and Human Services to address the discrimination, social isolation, and health disparities of LGBTQI+ older adults who reside in nursing homes or other long-term care settings.

Subparts of this section include additional actions to support and fulfill this requirement. The order requires that HHS develop and publish guidance on non-discrimination protections based on sexual orientation and gender identity in long term care. Additionally, it requires the development of a “Bill of Rights for LGBTQI+ Older Adults.

Biden also charged HHS to consider whether to embark on rulemaking to clarify the LGBTQI+ older adults are included in the Older American Act’s definition of “greatest social need” populations for the purposes of outreach, services, and funding.

Recent Discrimination Case Settled

This executive action comes in the wake of a landmark transgender discrimination case in which a senior living operator was sued for discrimination against a transgendered individual. A PA Nursing Home Law Firm indicates that a settlement was reached between the Adult Family Care Homes of Maine and the Maine Human Rights Commission after a Sunrise Assisted Living community in Jonesport, ME was found to have violated state non-discrimination protections by denying a transgender woman, Marie King, a room based on her sexual orientation.

The attorney representing Sunrise described the complaint as a miscommunication between a social worker and a Sunrise employee, clarifying that the Ms. King never applied for residency at the community. The social worker had a conversation with the Sunrise employee and discussed Ms. King. During this conversation the social worker inferred that Ms. King would not be an appropriate resident for the assisted living based on other residents’ potential discomfort with a transgender roommate. GLAD (GLBTQ Legal Advocates and Defenders) had filed a complaint with the Maine Human Rights Commission on behalf of the transgender woman, Marie King, last autumn.

According to a PA Nursing Home Law Firm, the Adult Family Care Homes of Maine and GLAD (GLBTQ Legal Advocates & Defenders made a joint statement expressing hope that the case’s positive resolution will lead other long-term care communities across the nation to create and implement policies that ensure transgender older adults are treated with respect and dignity.

Contact the Wieand Law Firm, LLC Today!

If you or a loved one has suffered physical or emotional harm from neglect or discrimination from a nursing home or assisted living, there is help available. The Wieand Law Firm, LLC, is a PA nursing home law firm that litigates personal injury cases and has extensive experience in nursing home lawsuits. Our firm offers a free consultation so that we can listen closely to your situation and discuss the legal options available to you. Call 215-666-7777 or send us a message via the online form today to speak directly with an attorney.


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