Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1358 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 2064 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1358
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to LGBTQ health equity.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 4
16	16	SENATE DOCKET, NO. 2064 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1358
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1358) of Julian Cyr for legislation
19	19	relative to LGBTQ health equity. Public Health.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to LGBTQ health equity.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 6A of the General Laws, as appearing in the 2020 Official Edition
29	29	2is hereby amended after section 16AA by inserting the following new section:-
30	30	3 Section 16AA ½. (a) The Executive Office of Health and Human Services, the Executive
31	31	4Office of Housing and Economic Development, the Executive Office of Labor and Workforce
32	32	5Development, the Executive Office of Education, and any other state agencies, offices, or
33	33	6departments designated by the Governor that directly or by contract collect demographic
34	34	7information via form documents or systems from commonwealth residents, such as information
35	35	8collected through the Massachusetts Virtual Epidemiologic Network, and from commonwealth
36	36	9residents seeking services, shall provide all persons providing such information or seeking such
37	37	10services who are either at least 14 years old or identify as the heads of their own households with
38	38	11a standardized, anonymous and voluntary demographics information survey that contains
39	39	12questions regarding sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual 2 of 4
40	40	13status or other, with an option to write in a response and gender identity, including transgender,
41	41	14cisgender or intersex status or other, with an option to write in a response.
42	42	15 The survey shall be created by the Executive Office of Health and Human Services and
43	43	16may be updated as deemed necessary based on changing demographics.
44	44	17 (b) Not later than 180 days after the effective date of this section, the Executive Office of
45	45	18Health and Human Services shall submit to the legislature a plan to provide a mandatory training
46	46	19program and develop a manual for agency staff on how to invite persons served by state agencies
47	47	20to complete the survey. Such training and manual shall include, but not be limited to, the
48	48	21following:
49	49	22 (i) an overview of the categories of sexual orientation and gender identity;
50	50	23 (ii) providing constituents the option of completing the survey in a private space and
51	51	24filling out any paperwork without guidance from staff;
52	52	25 (iii) explaining to constituents that completing the survey is voluntary;
53	53	26 (iv) explaining to constituents that any data collected from such survey will not be
54	54	27connected to the individual specifically; and
55	55	28 (v) discussions regarding addressing constituents by their self-identified gender.
56	56	29 (c) Not later than 180 days after the effective date of this section, and annually thereafter,
57	57	30the offices, agencies, and departments described in paragraph a, and any other agencies so
58	58	31designated by the Governor, shall conduct an internal review and provide a report of all forms
59	59	32and systems being used that: collect demographic information addressing the questions contained
60	60	33on the survey, are completed by persons seeking services, and contain content or language in 3 of 4
61	61	34relation to collecting such information that is within the administering agency’s authority to edit
62	62	35or amend. The report shall include a list of all forms and systems reviewed, all forms and
63	63	36systems eligible for updating, an explanation of why any forms or systems are not eligible for
64	64	37updating, and a list of forms and systems to be updated. When practicable, when such forms are
65	65	38updated they shall request voluntary responses to questions about sexual orientation, including
66	66	39heterosexual, lesbian, gay, bisexual or asexual status, or other, and gender identity, including
67	67	40transgender, cisgender and intersex status or other. All forms identified as eligible for updating
68	68	41during the review required pursuant to this paragraph shall be updated to invite responses to
69	69	42questions about sexual orientation and gender identity no later than five years from the effective
70	70	43date of this section. All forms not eligible for updating shall be provided in conjunction with the
71	71	44standardized, anonymous and voluntary demographics information survey as established by this
72	72	45section.
73	73	46 (d) Not later than 18 months after the effective date of this section, and annually
74	74	47thereafter, the offices, agencies, and departments described in paragraph a, and any other
75	75	48agencies so designated by the Governor shall make available to the public data for the prior fiscal
76	76	49year that includes, but is not limited to, the total number of individuals who have identified their
77	77	50sexual orientation or gender identity on the survey form described in paragraph (a) of this section
78	78	51and any forms and systems updated pursuant to paragraph (c) of this section, disaggregated by
79	79	52response option, agency and program. Such data shall be made available to the public through
80	80	53the state’s website.
81	81	54 (e) Each office, agency, and department that provides the survey form required pursuant
82	82	55to paragraph a of this section shall evaluate its provision of services in consideration of the data
83	83	56collected pursuant to this section and shall publish a report on any new or modified services 4 of 4
84	84	57developed based on such data. Such reports shall be submitted no earlier than 18 months after
85	85	58passage.
86	86	59 7. No information that is otherwise required to be reported pursuant to this section shall
87	87	60be reported in a manner that would violate any applicable provision of federal, state or local law
88	88	61relating to the privacy of information respecting students and families serviced by Massachusetts
89	89	62public schools.