BILL NUMBER:S1303

TITLE OF BILL:
An act
to amend the elder law, in relation to adding a requirement for the
state office for the aging to report on the delivery of services to and
needs of traditionally underserved populations in their annual report to
the governor and legislature

PURPOSE OR GENERAL IDEA OF BILL:
To require the State Office of the Aging to assess the needs of and
delivery of services to traditionally under served populations and to
provide technical assistance to organizations that provide services
to the lesbian, gay, bisexual, and transgender senior populations.

SUMMARY OF SPECIFIC PROVISIONS:
The bill requires that the State Office of the Aging, in its annual
report to the Governor and the Legislature, include recommendations
for expanding or replicating service programs to populations
including, but not limited to, populations based on actual or
perceived race, creed, color, national origin, sexual orientation,
gender identity or expression, military status, sex, marital status,
disability, familial status, and language.

The bill requires that the State Office of the Aging, in its annual
report to the Governor and the Legislature, assess the progress,
              

problems, and effectiveness of provisions or services to seniors
administered by the Office to populations including, but not limited
to, actual or perceived race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, sex,
marital status, disability, familial status, and language, or people
associated with an individual who is or is perceived to be a member
of any of these traditionally underserved populations.

The bill requires that the Office of the Aging, in its annual report
to the Governor and the Legislature, report on the needs of
traditionally underserved senior populations including, but not
limited to, populations based on actual or perceived race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, marital status, disability,
familial status, and language.

The bill authorizes the director of the Office of the Aging to make
grants-in-aid available, through a request for proposals process, for
the purpose of providing training, outreach, and education to
appropriate entities who provide services to the lesbian, gay,
bisexual, and transgender senior populations.

JUSTIFICATION:
The experience of marginalization place many traditionally underserved
senior populations at a higher risk for isolation, poverty,
homelessness, and premature institutionalization. Moreover, many
members of traditionally underserved populations are members of
multiple underrepresented groups, and as a result, are doubly
marginalized. Due to these factors, many seniors avoid accessing


elder programs and services, even when their health, safety, and
security depend on it.

By the year 2025, it is projected that there will be 4.4 million New
Yorkers 60 years of age and older, thereby increasing the number of
seniors who are receiving inadequate services. For the first time in
our state's history, we will have two very large generations of
senior citizens in New York. It is important to ensure that as we
craft new policies and expand existing services to meet the needs of
seniors statewide, that we ensure that underrepresented groups are
adequately assessed during the planning and development of programs
and services.

Lesbian, gay, bisexual, and transgender (LGBT) seniors, in particular,
often lack social and familial support networks that are more
commonly available to non-LGBT seniors. LGBT seniors are twice as
likely to live alone as compared to heterosexual seniors, and more
than four times as likely to have no children.

LGBT seniors face stigma from many senior care providers who do not
consider that their older clients may be LGBT. As a result, LGBT
seniors may be as much as five times less likely to access needed
health and social services because of fear of discrimination.

Since disease prevention strategies tend to ignore LGBT seniors, and
HIV trials generally do not include older participants, LGBT seniors
may also face greater health risks.

Additionally, same-sex couples have less access to financial benefits
as compared to heterosexual married couples. A surviving same-sex
partner, for example, will be denied social security benefits and be
required to pay taxes on the transfer of assets upon the death of a
partner.

Making grants-in-aid available from the New York State Office of the
Aging, will provide important assistance to individuals, agencies,
and other appropriate entities to improve their delivery of services
to LGBT senior populations.

PRIOR LEGISLATIVE HISTORY:

2009: S1385 (Duane), Died in Aging; A3956 (Kellner), Passed Assembly
2010: S1385 (Duane), Died in Aging; A3956 (Kellner), Passed Assembly

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect immediately.