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Written by Lisa Neff, Staff writer
Sep 22, 2011
The federal government has issued a new prescription for protecting LGBT patients’ rights to hospitals enrolled in Medicare and Medicaid programs.
The U.S. Department of Health and Human Services recently relayed new guidelines to hospitals that support enforcement of rules protecting patients’ right to choose their own visitors during a hospital stay. The guidance was developed to guarantee that a patient’s domestic partner is not barred from the hospital room because there is no blood relationship or marriage license.
The U.S. Centers for Medicare and Medicaid Services finalized that rule last November, following directives from President Barack Obama and Health Secretary Kathleen Sebelius.
Earlier this month, HHS provided hospital administrators with directives on how best to comply with the rule.
“Couples take a vow to be with each other in sickness and in health, and it is unacceptable that, in the past, some same-sex partners were denied the right to visit their loved ones in times of need,” Sebelius said in a statement Sept. 7. “We are releasing guidance for enforcing new rules that give all patients, including those with same-sex partners, the right to choose who can visit them in the hospital, as well as enhancing existing guidance regarding the right to choose who will help make medical decisions on their behalf.”
The rule applies to hospitals that participate in the federal Medicare and Medicaid programs, but it applies to all patients in a participating hospital, not just those enrolled in Medicare or Medicaid.
Hospital representatives have been instructed to give all patients an explanation of their rights, including the right to choose their visitors and the right to withdraw visitation consent.
The release of guidelines is “another step toward equal rights for all Americans,” said Donald M. Berwick, the administrator of the program.
Sebelius also recently announced that HHS awarded a $248,000 grant to the Fenway Institute in Boston to develop the National Training and Technical Assistance Center, which will help community health centers provide LGBT services.
Fenway plans to use the grant to recruit experts in LGBT health to lead seminars and consult with community center staff, develop curricula targeted to LGBT populations and work with state primary care associations.
“Different groups of people have distinct healthcare needs,” Sebelius said.
