2017 pronoun law unconstitutional to long-term care staff, court finds

submitted by WrongToy from (msn.com)

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[–]WrongToy[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (3 children)

By the time an elder goes to SNF long term, it's usually for fecal incontinence or dementia. Often both.

But even with both, most women are going to be able to recognize that the roommate has a dick. That's IT. If they want to room with someone then find someone without a problem sleeping around strange dick.

[–]MarkTwainiac 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (2 children)

By the time an elder goes to SNF long term, it's usually for fecal incontinence or dementia. Often both.

I think you are defining long-term care facility way too narrowly. Lots of people in LTCFs don't have dementia. LTCFs include skilled nursing facilities (SNFs), & SNFs in turn include facilities for elderly people with dementia & issues requiring "memory care," but LTCFs for older people are not confined only to those kinds of facilities. The category includes "nursing homes" for older people who don't have dementia as well as many assisted living facilities for elderly people. Many seniors who live, or lived in, LTCFs of one kind or another do not have dementia.

[–]WrongToy[S] 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

When they say "LTCF" in county or state speak, I've always assumed it is a county or state facility. But on the meta, yes it involves broad conditions.

Medicare will pay for 28 days in a short-term rehab facility. After that, no one's paying for any full ride SNF unless it is Medicaid. Which is, basically, when you have no options.

I

[–]MarkTwainiac 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (0 children)

I read this law as applying broadly to all LTCFs for seniors subject to licensure & regulation by the state of California, not just to those paid for by Medicare or Medicaid & which are considered SNFs. The statute starts out:

Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including skilled nursing facilities and intermediate care facilities. A violation of these provisions is a crime. Existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, imposes various requirements on long-term health care facilities, as defined, and prescribes the civil penalties assessed for a violation of those requirements.

Existing law, the California Residential Care Facilities for the Elderly Act, provides for the licensure and regulation of residential care facilities for the elderly by the State Department of Social Services. Under existing law, a person who violates the act, or who willfully or repeatedly violates any rule or regulation adopted under the act, is guilty of a misdemeanor. Existing law also provides for civil penalties for a violation of the act.

Existing law, the California Fair Employment and Housing Act, makes it unlawful to discriminate against any person in any housing accommodation on the basis of, among others, sex, gender, gender identity, gender expression, or sexual orientation.

This bill would enact the Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights. Among other things, the bill would make it unlawful, except as specified, for any long-term care facility to take specified actions wholly or partially on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression...

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB219

According to this publication from the state, "two thirds of California’s nursing facility residents rely on Medi-Cal to pay for their care in a skilled nursing facility." So that leaves a third paying in other ways.

Moreover, "the majority" of seniors in California who live in assisted living residences pay for them with private funds.

https://www.cahf.org/About/Consumer-Help/Facts-and-Statistics

Having looked into senior care residential options for family members, & also for myself, I think there's more variety in the sector than many people realize. But all residential facilities will be subject to licensure & regulation by the state in which they are located.

Also, although the number & percentage of US residents overall who have private long-term health care insurance policies is low, it's much higher amongst people of means who do retirement & estate planning. People who can afford the premiums (usually $1500-2000 per capita per annum) are frequently encouraged to buy policies for themselves once they reach a certain age (usually the drumbeat starts after you turn 50, but it really ramps up big time once you hit 60 - & supposedl the best time to buy a policy is between 60 & 65). Moreover, a number of corporations & businesses provide such insurance as part of their standard benefits & retirement packages. My father got LTC insurance (for himself & spouse) as a retirement benefit from the company he worked for - & he retired in the early 1980s, so it's not a perk that only became part of benefits packages recently.

As is always the case, people of means have many more options than people who don't.