New LGBT-Friendly Hospital Visitation Regulations Go Into Effect

[masgrandeburrito]

New regulations regarding hospital visitation rights went into effect Tuesday, paving the way for members of the LGBT community to have further control over their own medical decisions.

Under the new protocol, initiated last April and developed over the following months, hospitals partaking in Medicare and Medicaid must now allow all patients to decide visitation rights, as well as who to entrust with making medical decisions on their behalf, regardless of sexual or gender identity.

"This policy impacts millions of LGBT Americans and their families. The President saw an injustice and felt very strongly about correcting this and has spoken about it often over the years," White House deputy director of public engagement Brian Bond wrote on the White House blog.

Janice Langbehn, who, along with her children, was denied hospital access to her partner, Lisa Pond, in 2007 after she suffered an aneurysm told ABC News that she is happy with the development, but still grieving over the prior hospital practice.

"Other couples, no matter how they define themselves as families, won't have to go through what we went through, and I am grateful," she said. "But the fact that the hospital didn't let our children say goodbye to their mom... That's just something that will haunt me forever."

Human Rights Campaign President Joe Solmonese has also expressed gratitude for President Obama's and his administration for quick action on changing the policy.

"LGBT people experience discrimination in many aspects of their lives, but it is perhaps at its worst during times of crisis," Solmonese said. "We thank President Obama and HHS Secretary Sebelius for recognizing the hardships LGBT people face and taking this important step toward ensuring that no one will be turned away from a partner's hospital bedside again." http://www.huffingtonpost.com/2011/01/19/new-hospital-visitation-regulations_n_810893.html

 

[scr0987]

Yes, I would be interested in knowing where to read details about this... documentation, etc... Anyone know where to find out more?

 

[quasar]

Good grief! I didn't even realise that it was an issue over there. I guess it could have been an issue over here before civil partnerships, and I guess it could STILL be an issue where gays and lesbians are living as a couple. I'll have to look at where we stand in the UK!

Great news for you guys in the States though!

 

[scr0987]

Yes, quasar, this is what we're dealing with. Slowly, progress is being made

 

[SLOPPYSECONDS]

it take this long fa such a human thing but nice world catch up even it so slooooowwwwwwwwwwwwwww

did say painnnnnnnnnnnnnnnnnnnfuls a slowwwwwwwwwwwwwws beyonds reason?

lot so much do

fa everyone



nice day nows any country read this

 

[Speeds]

This is really amazing.

Obama gets my vote for 2012.

 

[vulgar_newcomer]

I'm not so sure its as much of a issue as its often brought up. Not to say of course it doesn't happen & that it is a terrible thing that can occur, in my own situations over the past 15 yrs ranging from bum-fuck visit in SW hillbilly hell of Virginia to other points in the south and dealing with my own Partners slow demise into the abyss I never encountered, nor had any personal friends who experienced this in the late 1990's til this date.
Even as a teenage tramp I never had much of problem seeing gay guys who had AIDS and were dying in a hospital except if I was bringing in drugs or the person didn't want to see me.
A hospital visit isn't the same as rights after death, power of attorney, or executor of the estate,
I would be interested in hearing people who were denied access to a friend or loved one because they were gay and not because the person didn't want to see them, they were too critically ill near death for anyone not listed to be seen, or someone had power of attorney and told someone to stay away rather gay or straight.
I denied visitation to a few of my partners friends who came to visit (gay guys) and that is because he wished no visitors, no one except for a very few. Not because they were gay but because he didn't want anyone to see him and remember him as he was at the end.

 

[SLOPPYSECONDS]

- gets my vote for 2012.

dat expression mean death all ova world

hope folkys in countrys figure it

So wheel dons yet?
( nah we is waitin ta vote on its in 3203 AD )
oh
$ or pop singer gonna tell us in 3204 after dons hair $
oh
# or Profession of twats discova yeah Humans cans do it in 3205 #
oh this gonna go on long time?
& yeah cause anothr porfession invent number system so take ticket ta breath now &
oh

ans ta think world wait fa Darwin go has wet dream

yes all cultures is noted fa thier Great EGGS what discova NOTHIN

FA SHAME is it oops bite tongue off world ova

take away anime

 

[Locutus7]

I found the source in the ABC News link. Apparently it is a memo from the President from April 2010. I have bolded some relevant parts. Not entirely sure what the second to last paragraph means.


http://www.whitehouse.gov/the-press-office/presidential-memorandum-hospital-visitation

The White House

Office of the Press Secretary
For Immediate Release
April 15, 2010
Presidential Memorandum - Hospital Visitation

MEMORANDUM FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES

SUBJECT: Respecting the Rights of Hospital Patients to Receive Visitors and to Designate Surrogate Decision Makers for Medical Emergencies

There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital. In these hours of need and moments of pain and anxiety, all of us would hope to have a hand to hold, a shoulder on which to lean -- a loved one to be there for us, as we would be there for them.

Yet every day, all across America, patients are denied the kindnesses and caring of a loved one at their sides -- whether in a sudden medical emergency or a prolonged hospital stay. Often, a widow or widower with no children is denied the support and comfort of a good friend. Members of religious orders are sometimes unable to choose someone other than an immediate family member to visit them and make medical decisions on their behalf. Also uniquely affected are gay and lesbian Americans who are often barred from the bedsides of the partners with whom they may have spent decades of their lives -- unable to be there for the person they love, and unable to act as a legal surrogate if their partner is incapacitated.

For all of these Americans, the failure to have their wishes respected concerning who may visit them or make medical decisions on their behalf has real onsequences. It means that doctors and nurses do not always have the best information about patients' medications and medical histories and that friends and certain family members are unable to serve as intermediaries to help communicate patients' needs. It means that a stressful and at times terrifying experience for patients is senselessly compounded by indignity and unfairness. And it means that all too often, people are made to suffer or even to pass away alone, denied the comfort of companionship in their final moments while a loved one is left worrying and pacing down the hall.

Many States have taken steps to try to put an end to these problems. North Carolina recently amended its Patients' Bill of Rights to give each patient "the right to designate visitors who shall receive the same visitation privileges as the patient's immediate family members, regardless of whether the visitors are legally related to the patient" -- a right that applies in every hospital in the State. Delaware, Nebraska, and Minnesota have adopted similar laws.

My Administration can expand on these important steps to ensure that patients can receive compassionate care and equal treatment during their hospital stays. By this memorandum, I request that you take the following steps:

1. Initiate appropriate rulemaking, pursuant to your authority under 42 U.S.C. 1395x and other relevant provisions of law, to ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors. It should be made clear that designated visitors, including individuals designated by legally valid advance directives (such as durable powers of attorney and health care proxies), should enjoy visitation privileges that are no more restrictive than those that immediate family members enjoy. You should also provide that participating hospitals may not deny visitation privileges on the basis of race, color, national
origin, religion, sex, sexual orientation, gender identity, or disability. The rulemaking should take into account the need for hospitals to restrict visitation in medically appropriate circumstances as well as the clinical decisions that medical professionals make about a patient's care or treatment.

2. Ensure that all hospitals participating in Medicare or Medicaid are in full compliance with regulations, codified at 42 CFR 482.13 and 42 CFR 489.102(a), promulgated to guarantee that all patients' advance directives, such as durable powers of attorney and health care proxies, are respected, and that patients' representatives otherwise have the right to make informed decisions regarding patients' care. Additionally, I request that you issue new guidelines, pursuant to your authority under 42 U.S.C. 1395cc and other relevant provisions of law, and provide technical assistance on how hospitals participating in Medicare or Medicaid can best comply with the regulations and take any additional appropriate measures to fully enforce the regulations.

3. Provide additional recommendations to me, within 180 days of the date of this memorandum, on actions the Department of Health and Human Services can take to address hospital visitation, medical decisionmaking, or other health care issues that affect LGBT patients and their families.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

You are hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

 

[Locutus7]

FYI: I just checked my estate planning documents. I have a provision in my general power of attorney for health matters that states that I can have my choice of friends visit me at the discretion of my agent, if I am disabled/incapacitated, or my choice if in hospital but not incapacitated.

If you can afford the estate planning, I recommend doing it. It prevents a lot of problems down the line.

 

[SLOPPYSECONDS]

I found the source in the ABC News link. Apparently it is a memo from the President from April 2010. I have bolded some relevant parts. Not entirely sure what the second to last paragraph means.


http://www.whitehouse.gov/the-press-office/presidential-memorandum-hospital-visitation

The White House

Office of the Press Secretary
For Immediate Release
April 15, 2010
Presidential Memorandum - Hospital Visitation

MEMORANDUM FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES

SUBJECT: Respecting the Rights of Hospital Patients to Receive Visitors and to Designate Surrogate Decision Makers for Medical Emergencies

There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital. In these hours of need and moments of pain and anxiety, all of us would hope to have a hand to hold, a shoulder on which to lean -- a loved one to be there for us, as we would be there for them.

Yet every day, all across America, patients are denied the kindnesses and caring of a loved one at their sides -- whether in a sudden medical emergency or a prolonged hospital stay. Often, a widow or widower with no children is denied the support and comfort of a good friend. Members of religious orders are sometimes unable to choose someone other than an immediate family member to visit them and make medical decisions on their behalf. Also uniquely affected are gay and lesbian Americans who are often barred from the bedsides of the partners with whom they may have spent decades of their lives -- unable to be there for the person they love, and unable to act as a legal surrogate if their partner is incapacitated.

For all of these Americans, the failure to have their wishes respected concerning who may visit them or make medical decisions on their behalf has real onsequences. It means that doctors and nurses do not always have the best information about patients' medications and medical histories and that friends and certain family members are unable to serve as intermediaries to help communicate patients' needs. It means that a stressful and at times terrifying experience for patients is senselessly compounded by indignity and unfairness. And it means that all too often, people are made to suffer or even to pass away alone, denied the comfort of companionship in their final moments while a loved one is left worrying and pacing down the hall.

Many States have taken steps to try to put an end to these problems. North Carolina recently amended its Patients' Bill of Rights to give each patient "the right to designate visitors who shall receive the same visitation privileges as the patient's immediate family members, regardless of whether the visitors are legally related to the patient" -- a right that applies in every hospital in the State. Delaware, Nebraska, and Minnesota have adopted similar laws.

My Administration can expand on these important steps to ensure that patients can receive compassionate care and equal treatment during their hospital stays. By this memorandum, I request that you take the following steps:

1. Initiate appropriate rulemaking, pursuant to your authority under 42 U.S.C. 1395x and other relevant provisions of law, to ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors. It should be made clear that designated visitors, including individuals designated by legally valid advance directives (such as durable powers of attorney and health care proxies), should enjoy visitation privileges that are no more restrictive than those that immediate family members enjoy. You should also provide that participating hospitals may not deny visitation privileges on the basis of race, color, national
origin, religion, sex, sexual orientation, gender identity, or disability. The rulemaking should take into account the need for hospitals to restrict visitation in medically appropriate circumstances as well as the clinical decisions that medical professionals make about a patient's care or treatment.

2. Ensure that all hospitals participating in Medicare or Medicaid are in full compliance with regulations, codified at 42 CFR 482.13 and 42 CFR 489.102(a), promulgated to guarantee that all patients' advance directives, such as durable powers of attorney and health care proxies, are respected, and that patients' representatives otherwise have the right to make informed decisions regarding patients' care. Additionally, I request that you issue new guidelines, pursuant to your authority under 42 U.S.C. 1395cc and other relevant provisions of law, and provide technical assistance on how hospitals participating in Medicare or Medicaid can best comply with the regulations and take any additional appropriate measures to fully enforce the regulations.

3. Provide additional recommendations to me, within 180 days of the date of this memorandum, on actions the Department of Health and Human Services can take to address hospital visitation, medical decisionmaking, or other health care issues that affect LGBT patients and their families.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

You are hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

it medievel<think more word make betta but like all countrys systems ever got write thing

ans why centurys of this? YEAH ya figure it thens!

if not world gonna plough ova ya shit what raise high then life in all countrys ans feed it ta ya so ya get betta

 

[masgrandeburrito]

^ WTF. Type in some form of proper grammar please.

 

[scream4ever]

The Department of Housing and Urban Development appear to be following the example set:

http://www.advocate.com/News/Daily_News/2011/01/20/New_HUD_Rules_Require_Equal_Housing/

 

[Supersix]

FYI: I just checked my estate planning documents. I have a provision in my general power of attorney for health matters that states that I can have my choice of friends visit me at the discretion of my agent, if I am disabled/incapacitated, or my choice if in hospital but not incapacitated.

If you can afford the estate planning, I recommend doing it. It prevents a lot of problems down the line.

I couldn't agree more! My partner and I did this when we bought our home together. The attorney was very knowledgeable because a close friend of his was also a partnered gay man, so he was able to explain the whole complicated mess, make suggestions, and get it all in legal writing. We covered anything and everything, even some of the most remote possibilities, just for piece of mind. I would be happy to recommend him to anyone on Long Island, if interested. He's my partner's cousin, highly ethical, and discreet.

 

[masgrandeburrito]

But there may also be opportunities for progress in federal agencies, which likewise do not require the final approval of Congress. Some other highlights of the regulatory changes by the Obama administration to date:

-- June 17, 2009: Obama signs a memorandum expanding federal benefits for the same-sex partners of Foreign Service and executive branch government employees.
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-- Oct. 21, 2009: HHS creates a National Resource Center for LGBT Elders.

-- April 27, 2010: The Justice Department issues a memo stating that that federal prosecutors should enforce criminal provisions in the Violence Against Women Act in cases involving gay and lesbian relationships.

-- June 9, 2010: The State Department announces that when a passport applicant presents a certification from an attending medical physician that the applicant has undergone appropriate clinical treatment for gender transition, the passport will reflect the new gender. It is also possible to obtain a limited-validity passport if the physician's statement shows the applicant is in the process of gender transition. Sexual reassignment surgery is no longer a prerequisite for passport issuance.

-- June 22, 2010: The Labor Department clarifies the definition of "son and daughter" under the Family and Medical Leave Act to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.

-- Oct. 26, 2010: The Department of Education issues guidance to support educators in combating bullying in schools by clarifying when student bullying may violate federal education anti-discrimination laws.

-- Dec. 21, 2010: The United Nations adopts a U.S. sponsored amendment to restore "sexual orientation" to a resolution on Extrajudicial, Summary, and Arbitrary Executions.

 

[hotatlboi]

^ WTF. Type in some form of proper grammar please.

you can ignore him, he is a troll.

 

[scream4ever]

Also, Obama extended federal employment protections to include gender identity (expanding on the executive order issued by Bill Clinton in 1998 for sexual orientation).

When you really look at it the Obama Administration has done a lot for GLBT individuals already, though we should still pressure to pass other things.

 

[scream4ever]

In addition, the State Department changed the label for parents on passport applications to "mother or parent 1" and "father or parent 2" to allow same sex parents to file passports jointly.