Amid CT GOP objection to ‘woke understanding,' LGBTQ nursing home bill passes — without some protections

Yahoo

23-05-2025

The fear includes having to hide who you are, if you become ill, or as you age in Connecticut.
Now, the state Senate passed legislation in a 26-10 vote that prohibits long-term care facilities and their staff from discriminating against residents including those in the LGBTQ+ community and also requires cultural competency training focused on residents who identify as lesbian, gay, bisexual, transgender or gender nonconforming or are living with HIV.
'This bill is part of our ongoing efforts to ensure that Connecticut remains a place where seniors feel safe and respected as they age,' said Sen. Jan Hochadel, D-Meriden in a statement. 'No one should fear being treated differently or unfairly based on who they are. This law will send a clear message that everyone in Connecticut deserves dignity and compassion in their later years.'
Several Republicans cited concerns with the bill, particularly about how cases of discrimination would be adjudicated, with Sen. Rob Sampson, R-Wolcott, proposing an amendment to remove the DPH from the bill in being the final arbitrator of the penalties of facilities.
That amendment failed along party lines.
'The language that is included in here has an intent to politicize the notion of discrimination, almost like a DEI bill frankly,' said Sen. Rob Sampson R-Wolcott.
'Almost in an effort to try to dig us into the discussion about DEI once again and frankly I don't want to go there. I am just as much against discrimination as anyone else is but to try and go ahead and create these training materials that will ultimately force people that work in these institutions to have to accommodate other people's worldviews I think is offensive frankly,' he said. 'The desire to impose penalties on facilities and maybe individuals because they participate in a training where they are exposed to different worldviews they disagree with and have them imposed upon them and adjust and respond to a woke understanding of the world is quite frightening frankly.'
Sen. John Kissel, R- Enfield, also spoke against the bill and his disappointment that the amendment failed.
'I have great concern when we turn too much power over to a commissioner,' he said. 'We do not want discrimination. I got to be honest if I am dealing with some 85-year old woman that is in frail health and if she feels uncomfortable in a room because someone next to her is having a lifestyle choice that impedes and interferes with her quality of life, that is an interesting question. By this underlying bill we are saying we are always going to side with the person that is being overly expressive in asserting themselves in their sexual determinations.'
One couple hoping for the bill's passage is Janet Peck and her wife, Carol Conklin. The couple faces a tough transition as they consider long-term care facilities for Conklin, who was diagnosed with Alzheimer's.
Peck said she is concerned that the couple, who celebrate 50 years together this September, will no longer be able to live openly, fearing discrimination at a long-term facility after hearing stories from friends in such facilities.
'We have never lived in the closet and we do not ever intend to and it would be pretty awful if (Carol) would have to feel she would have to do that and if I visit her that we would feel like we would have to hide that we are together,' she said.
But Peck said she has hopes for HB 6913.
'I think this bill helps to ensure that at least there is training for staff about LGBTQ+ cultural issues,' she said. 'I think the biggest concern is that we would not be comfortable if staff is not trained. We would not be comfortable to be out.'
While transitioning Conklin to a long-term care facility is not immediate, Peck said it is not far fetched as she was diagnosed with cancer.
'Although I am doing well and hope to continue, it may be contrary to what we have been planning for if she outlives me,' she said. 'My dying wish is that Carol would be able to get the care that she is due like anyone else and that people would understand that she is a lesbian and that she be treated respectfully.'
HB 6913 passed the House 124-19 on May 8 after the adoption of a bipartisan amendment negotiated by Rep. Steve Stafstrom, D-Bridgeport, co-chair of the Judiciary Committee. The amendment struck a provision stating a transgender patient has a right not to be refused a room due to gender identity and to not be forcibly transferred.
Peck said she was disappointed that the bill 'got rid of the rights of trans people.'
Rep. MJ Shannon, D-Milford, a 24-year-old gay man, said during the debate on the bill in the House, another change included is that it broadly refers to prohibiting discrimination against anyone, not just those in the LGBTQ+ community as the bill was originally written.
'The biggest pushback was (questioning) why this certain group gets to have a special law made for them,' Shannon said, explaining that lawmakers could not get over that hump so they revised the language to include everyone.
Shannon said the bill is crucial, especially the training component. He said he has also heard about discrimination of LGBTQ+ individuals in long-term care facilities from Mairead Painter, the state's long-term care ombudsman.
'As a young gay person I know that these folks in these facilities have literally been fighting their entire lives for equal rights and equal opportunities for themselves and now that they are at the end of their life they should be able to be an old person and be in a nursing home,' he said. 'They are facing discrimination just because of who they are and that is just not right.'
Shannon continued: 'It is important that our LGBTQ+ elders or anyone living in these homes be treated with the respect and dignity they deserve and they age the rest of their lives gracefully and without fear of anything.'
Painter told the Courant that the state's long-term care ombudsman's office was looking to see this bill passed in order to ensure that 'individuals receiving long-term services and supports know that in a very forward way their rights will be protected if they are in these settings.
'We really want to see them have the opportunity to live their best life and be their authentic self,' she said.
Painter said her office has seen some cases related to discrimination, harassment and isolation faced by LGBTQ+ residents within skilled nursing facilities.
'We have not seen an increase in these cases but just the fact that they have come up and part of it is a lack of awareness on some individuals' part,' she said. 'With education, outreach and by ensuring that people know that they have these rights and are protected, we are hoping as a package all around it will support the ability for everyone to live a high-quality life with respect and dignity in a long-term care setting.'
She added that surrounding states have passed similar bills.
Matt Blinstrubas, executive director of Equality CT, cited nationwide reports of incidents of discrimination against LGBTQ+ individuals in skilled nursing facilities including incidents of isolation, shunning and misgendering of people.
'I have talked to couples who have had to go back in the closet effectively and are worried about what happens when one partner is in a facility and the other is visiting,' he said. 'I have heard reports of trans folks being isolated by other residents and staff and I think in one case somebody actually left Connecticut and moved to a facility in New York City as a result of this. It is also a huge concern for same-sex couples where one partner needs to enter long-term care and (fear of discrimination) makes that decision difficult and complicated. There is palpable fear about how they might be treated.'
Blinstrubas continued: 'This bill is a crucial step in providing the training and guidance necessary to providers to help them meet their needs and the needs of residents and to make sure nursing homes and long-term care facilities are welcoming to everybody.'
Waterbury Alderman Bilal Tajildeen, who also serves on the board of Equality CT, said he knows of cases of older adults in long-term care facilities in Waterbury that do not disclose that they are gay or lesbian because they fear discrimination.
He said the bill is critical.
'We are talking about a group of people, a specific age of older LGBTQ+ adults who have spent almost the majority of their life experiencing discrimination,' he said. 'The challenge with long-term care facilities is you have so many employees that come from so many different lives and traditions that the risk of having a caretaker that has very adverse reactions to your lifestyle is actually quite high.'
Peck recalled a story of a friend whose partner was dying in a long-term care facility and told her partner not to show affection to her in the open.
'In the end state of an illness, you do not feel comfortable that your wife can show affection to you,' she said. 'That should never happen.'
The CT Mirror contributed to this report.