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Legislation for LGBT Rights

Provides an overview of current and pending Federal and State laws that pertain to the rights and protections for the LGBT population and for domestic partnership.

Federal Law

Defense of Marriage Act (DOMA):

Federal law which defines marriage as a legal union between a man and a woman.

Federal Fair Housing Act (FHA):

Protects residents in residential care facilities such as nursing homes and assisted living facilities by prohibiting discrimination based on based on race, color, national origin, religion, sex, familial status and disability. It currently does not protect for LGBT people.

State Law

AB 641(2012) Medi-Cal for Long-Term Care:

Ensures that same sex spouses and registered domestic partners are treated with equitability when one partner applies for Medi-Cal long-term care benefits. AB 641 Text: Bill Text

Nursing Home Reform Act (NHRA):

Federal law which protects nursing home residents, regardless of sexual orientation or gender identity. 42 U.S.C. § 1396r(a) and 42 U.S.C. § 1396r (b)(2).


Consumer Information

 

Bill Text:

Medicaid Provision: 42 U.S.C. 1396r(b)(4)

Medicare Provision: 42 U.S.C. 1395i-3(b)(4)

Federal Regulations: 42 CFR 483.25
(Scroll down to retrieve a specific title part and section as text or pdf file.)

AB 205 California Domestic Rights and Responsibilities Act of 2003:

Affects nearly every California law and regulation that provides rights to spouses by extending the rights and duties of marriage to registered domestic partners
Bill Text

SB 757 Requiring Insurance Companies to Comply with
State Nondiscrimination Law:

Would eliminate an exemption in state law that enables insurance companies to discriminate against same-sex couples
Bill Text

SB 1729 SENIOR CARE TRAINING:

(Signed into law 2008): Requires LGBT training for licensed health care professionals in long term care facilities to prevent and eliminate discrimination based on sexual orientation and gender identity.
Bill Text

AB 2920 Older Californians Equality and Protection Act:

(Signed into law 2006): Requires full inclusion of LGBT people in the planning and programming of Area Agencies on Aging.
Bill Text