Mental HealthQuestion 145 of 200

An LGBTQ+ elder resident shares with the CNA that she was discriminated against in a prior facility and is afraid to be 'out' here. The BEST CNA action is to:

a.Tell the resident to keep her sexual orientation private to avoid conflict
b.Document her statement and discuss with coworkers freely
c.Affirm her identity, assure confidentiality, ask how she wishes to be addressed, and report concerns to the charge nurse so safe and inclusive care is documented in the plan
d.Refuse to provide personal care because of the CNA's beliefs

Explanation

California's LGBTQ Long-Term Care Facility Resident's Bill of Rights (HSC §1439.50 et seq.) prohibits discrimination, mistreatment, or denial of services based on actual or perceived sexual orientation, gender identity, gender expression, or HIV status in LTC. The CNA affirms identity, uses chosen name and pronouns, protects privacy, and reports concerns. Silencing the resident (a) is itself harm. Casual disclosure (b) violates privacy. Refusing care (d) is discrimination and abandonment. Facilities must ensure equal access; violations may trigger CDPH enforcement and civil liability.

Law Reference: 42 CFR §483.10; HSC §1439.50

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