The New York State Department of Health (NYSDOH) issued a new DAL on October 2, 2024, “Affirming Care for Older LGBTQIA+ Individuals Online Training Module for Direct Support Caregivers.” This DAL is directed to nursing homes, adult care facilities, hospice providers and home care providers. The additional requirements in this memo are related to NYS Public Health Law 2803-c-2 (effective 5/28/2024) which affirmed the nondiscrimination rights of nursing home residents based on their actual/perceived sex, sexual orientation, gender identity or HIV status.
Quick reminder – did you post your required nondiscrimination policy statement per DAL NH 24-09 and DAL ACF 24-19?
The March 2024 DAL (NH24-09 / ACF 24-19) stated that New York State nursing homes and adult care facilities must provide cultural competency training for all staff members at least once every two years. This training must focus on residents who identify as gay, lesbian, bisexual or transgender, and/or residents living with HIV. The new DAL provides additional details and includes hospice and home care providers.
- – Providers must ensure that every employee who works directly with residents receives cultural competency training with an emphasis on residents who identify as lesbian, gay, bisexual or transgender and residents living with HIV. This training must occur at least once every 2 years.
- – Staff will be required to receive this training within 6 months of their date of hire unless they can provide proof that they have received “comparable” training within the prior 2 years. The provider will determine if this training is compliant with the requirements.
The law required NYSDOH to develop the training, and per the DAL, the training can be located on the New York Learns Public Health LMS – Course #OALTC-603. Providers also have the option to update their existing cultural competency training to comply with these requirements. The DAL states that the provider will be responsible for demonstrating that its own training curriculum is sufficiently compliant with these requirements upon request from NYSDOH or other entities. There is a checklist to assist with this compliance.
View DAL DACF 24-29 / DAL NH 24-17 / DAL HCBS 24-04 for details and the checklist for provider-developed education modules.
