New LGBT-Friendly Hospital Visitation Regulations Go Into Effect

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 to President Obama 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."

Comments

[LynnW49]

06:27 PM on 01/25/2011

http://www.formywife.info/
"Charlene Strong was thrust into the spotlight after the tragic death of her wife, Kate. After facing this loss and the heartless humiliation of hospital and funeral home staff, Charlene decided to take a stand. Her dramatic congressional testimony is credited in passing Washington state's historic Domestic Partnership laws. As Charlene finds her voice to speak out against injustice, her journey takes her across the country, finally meeting with President Barack Obama and securing his commitment to equality for all LGBT Americans.

for my wife... tells Charlene's story against the backdrop of the national debate on Marriage Equality. It is one of courage and determination and inspires the activist in all of us."

[bynddrvn5]

08:58 PM on 01/22/2011

This would never happen under Republican­/Tea Party leadership­.

Hear me gay Republican­s! Never - just not going to happen - ever. Wake up!

[A Watcher]

11:33 PM on 01/20/2011

That's wonderful!

It's truly tragic and downright unfair that situations like this occur. THIS is why (one of many reasons) gay marriage needs to be legalized.

[kcinci]

09:02 AM on 01/20/2011

It would do people well to read fully what the actual regulation states and what it doesn't and not rely on a short paragraph in this article. The full regulation is here: http://edocket.access.gpo.gov/2010/pdf/2010-29194.pdf

What's perfectly clear is that regulation defers to STATE LAW in terms of what legal relationships are recognized and in terms of who can be give proxy/surrogate power in terms of advance directive.

As I've said before: it's not enough.

[Siobhra DeWar]

04:03 PM on 01/20/2011

It happened to a friend of mine. His longtime lover was admitted on a Friday night after an auto accident. He was in a coma and not expected to last the night. My friend had all the papers with him but the nurse said the papers would have to be checked by the legal department. And that it could take up to a week to check out. The man died that night.

They were together at the end but only because I raised a fuss. I was wearing my handgun in plain view and the police knew me. One of the officers was Gay and he told the nurse she was on her own while he checked his handbook on weather or not he had to protect her.

[Ioan Lightoller]

04:40 PM on 01/20/2011

Fanned and faved! You GO! So sad though that GLBT people have to go through this rot. Sometimes I would love to be able to revoke the haters' rights for a period of time...say a year or so...and see how they like living under their own inhumane rules. I live in terror of the day I ever have to go to a hospital. To be honest, if I cannot have my spouse by my side or holding me at the end in a hospital, I would prefer to die at home in our bed.

[capercaper]

07:35 PM on 01/20/2011

Submit your story to an Alyson anthology, but don't pass it off as truth. Such BS.

.

[AngryHarpy]

08:06 PM on 01/20/2011

[sighs] Well, that's depressing. Glad you posted this though, I didn't realize it deferred to state law.

[KenClay]

08:56 AM on 01/20/2011

Thank You Mr. President!

[Glenn Osborne]

08:49 AM on 01/20/2011

As a hospital worker, I am a registered nurse, I see this as a huge advance. It may not seem like a big deal for a lot of people, and we have a long way to go with equal rights, but from my perspective it truly is a big step forward.

[erinsteven]

03:26 PM on 01/20/2011

Thank you. I can't imagine how scary it must be for both patient and family [partner and/or children + extended family] if they are not granted access to each other's care. To be denied comfort from perhaps the only person that may be able to give it is some of the worse medical advice I can think of. Thanks for standing up for it.

[Ioan Lightoller]

04:42 PM on 01/20/2011

Fanned and faved. I worked out in the field as a hospice caregiver but I saw how much comfort a terminally-ill patient felt to have their family of choice by their side when in hospital. It meant all the world to my patients, gay or straight.

[Dimme]

05:07 AM on 01/20/2011

Though I disagree with Obama's "small step" approach to equal rights when the key issue is marriage equality, this one small change means the world tho those affected and I welcome it dearly. It always came across ass evil and mean-spirited to me to deny visitation rights based on sexuality.

I'm in a hospital myself now, undergoing chemo treatments for advanced liver cancer but with very grim prospects. Weeks rather than months. I'm lucky enough to live in Norway, my american same-sex husband in my hospital room on a bed next to mine, day and night. It means absolutely everything to me, and my heart goes out to those many thousands of couples who have been denied this simple humanitarian gesture in the US because of perverted notions of morality.

[faustbos]

05:47 AM on 01/20/2011

Amazing, and no heterosexual married couples had to be defended for this to happen.
Love you too sweat pea :-)

[capercaper]

04:07 PM on 01/20/2011

It had nothing to do with morality, and was also denied to straights who were not married.

Can you imagine?

Wishing you healthier prospects. . . .

[Ioan Lightoller]

02:07 PM on 01/21/2011

But in many cases, the couple was married. And where the GLBT couples were not married, at least straights can marry and get all the rights they need. I don't think visitation rights should be up to the hospital. Just more capercaper homohatred.

[NVEnvy07]

03:30 AM on 01/20/2011

"One small step..." everyone knows the rest. I am glad that this happened but it is just a drop in the can.

[HoosierInMaryland]

06:23 AM on 01/20/2011

Old Chinese (possibly Confucius) proverb:

"A journey of a thousand miles begins with a single step."

[Janice Langbehn]

02:07 AM on 01/23/2011

@NVEnvy07 that may seem so from your point of few. For me and our jointly adopted kids who never got to say good bye to “other mom” would say this is a lot bigger than that.

[NVEnvy07]

09:15 PM on 01/23/2011

I meant it more as a small step for gays as a whole but in your situation where the outcome is seen I must say that yes it is much more then a small step. I am glad that this regulation has been able to touch your life although it is quite sad that any of us need a "regulation' to be able to say our goodbyes.

[istanbulite]

02:38 AM on 01/20/2011

Thanks to all who supported these new rules. BTW this is also another building block regarding
gay marriage and gay families. The more people who see gay families and understand that we are no different than they, the more support that we have for moving forward. It will also make it clear to some extended families that they have no power to exclude partners.

[Ioan Lightoller]

04:46 PM on 01/20/2011

Fanned and faved. When the patient is an adult, his or her family should take second place to their spouse or SO. There is no reason to keep Americans in some "legal minorhood".

[Rachel O]

02:30 AM on 01/20/2011

Truly wonderful news.

[M1]

01:23 AM on 01/20/2011

Good News! Thank you President Obama!

[wordhorder]

01:15 AM on 01/20/2011

Equal rights is only the beginning for true acceptance and embrace of queer people.

[lendmeanear]

12:57 AM on 01/20/2011

Full equality for the LGBT community is coming. It is only a matter of time. Tick - Tock. Tick- Tock.

[buhhdaluvsallbutyou]

12:46 AM on 01/20/2011

Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes religion and political views.

[ie]

11:27 PM on 01/19/2011

About time.