§ 2803-c-2. Lesbian, gay, bisexual and transgender, and people living\nwith HIV long-term care facility residents' bill of rights. 1.\nDefinitions. For the purposes of this section:\n (a) "Gender identity or expression" shall have the same meaning as\ndefined by section two hundred ninety-two of the executive law.\n (b) "Long-term care facilities" or "facilities" shall mean residential\nhealth care facilities as defined in subdivision three of section\ntwenty-eight hundred one of this article, adult care facilities as\ndefined in subdivision twenty-one of section two of the social services\nlaw, and assisted living residences, as defined in article forty-six-B\nof this chapter, or any facilities which hold themselves out or\nadvertise themselves as providing assisted living services and which are\nrequired to be licensed or certified under the social services law or\nthis chapter.\n (c) "Long-term care facility staff" or "facility staff" shall mean all\nindividuals employed by or contracted directly with the facility.\n (d) "Resident" shall mean a resident or patient of a long-term care\nfacility.\n 2. (a) Except as provided in subdivision three of this section, it\nshall be unlawful for a long-term care facility or facility staff to\ndiscriminate against any resident on the basis of such resident's actual\nor perceived sexual orientation, gender identity or expression, or human\nimmunodeficiency virus (HIV) status:\n (i) deny admission to a long-term care facility, transfer or refuse to\ntransfer a resident within a facility or to another facility, or\ndischarge or evict a resident from a facility;\n (ii) deny a request by residents to share a room;\n (iii) where rooms are assigned by gender, assigning, reassigning or\nrefusing to assign a room to a transgender resident other than in\naccordance with the transgender resident's gender identity, unless at\nthe transgender resident's request;\n (iv) prohibit a resident from using, or harass a resident who seeks to\nuse or does use, a restroom available to other persons of the same\ngender identity, regardless of whether the resident has taken or is\ntaking hormones, has had transition-related surgery, or is making a\ngender transition or appears to be gender-nonconforming. Harassment\nincludes, but is not limited to, requiring a resident to show identity\ndocuments in order to gain entrance to a restroom available to other\npersons of the same gender identity;\n (v) willfully and repeatedly fail to use a resident's preferred name\nor pronouns after being clearly informed of the preferred name or\npronouns, even if the resident is not present;\n (vi) deny a resident the right to wear or be dressed in clothing,\naccessories, or cosmetics that are permitted for any other resident;\n (vii) restrict a resident's right to associate with other residents or\nwith visitors, including the right to consensual expression of intimacy\nor sexual relations, unless the restriction is uniformly applied to all\nresidents in a nondiscriminatory manner; and\n (viii) deny or restrict a resident from accessing appropriate medical\nor nonmedical care, or provide medical or nonmedical care, that\nunreasonably demeans the resident's dignity or causes avoidable\ndiscomfort.\n (b) The provisions of this subdivision shall not apply to the extent\nthat they are incompatible with any professionally reasonable clinical\njudgment that is based on articulable facts of clinical significance.\n 3. Each facility shall post the following notice alongside its current\nnondiscrimination policy in all places and on all materials where that\npolicy is posted: "(NAME OF FACILITY) DOES NOT DISCRIMINATE AND DOES NOT\nPERMIT DISCRIMINATION, INCLUDING, BUT NOT LIMITED TO, BULLYING, ABUSE,\nHARASSMENT, OR DIFFERENTIAL TREATMENT ON THE BASIS OF ACTUAL OR\nPERCEIVED SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR HIV\nSTATUS, OR BASED ON ASSOCIATION WITH ANOTHER INDIVIDUAL ON ACCOUNT OF\nTHAT INDIVIDUAL'S
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