Text of NJ S 2691 (2026)
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.
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As introduced
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SENATE, No. 2691
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator BRITNEE N. TIMBERLAKE
District 34 (Essex)
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
Introduced Pending Technical Review by Legislative
Counsel.
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.