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