President Obama last week took a step to curb discrimination against same-sex couples with his directive that sought to expand hospital-visitation and other rights for same-sex couples.
In a memorandum issued April 15 to Kathleen Sebelius, secretary of the Department of Health and Human Services, Obama laid out a series of changes for all hospitals that receive Medicare or Medicaid reimbursement.
Obama instructed Sebelius to initiate “appropriate rulemaking” that would allow “designated visitors,” including individuals who have power of attorney or some other legal designation, to be given the same visitation privileges as immediate family members. Under the new rules, hospitals may not deny visitation based on a series of characteristics, including sexual orientation and gender identity. The memo also requested that the department issue technical guidelines for hospitals on how they can best comply with the new regulations.
“There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital. Yet every day, all across America, patients are denied the kindnesses and caring of a loved one at their sides,” Obama wrote in the memo.
He went on to note that, besides denying the wishes of the patient, restricting visitation by same-sex partners often means that hospital personnel may not have complete information about the patient’s medications or medical history or could misunderstand the patient’s needs.
“A stressful and at times terrifying experience for patients is senselessly compounded by indignity and unfairness,” Obama wrote. “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.”
Robert Espinoza, director of policy and communications at Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders, said his agency has seen “countless and often tragic” stories in which same-sex partners are prevented from taking part in the care of their loved ones in either emergency situations or end-of-life moments.
“Without complex and often expensive legal arrangements in place, LGBT elders’ partners or other loved ones may be shut out of medical decision-making or denied visitation,” Espinoza said, noting the directive “give[s] dignity to many LGBT elders and other older Americans and it is a powerful step in removing the stigma, bigotry and isolation many LGBT elders face as they age.”
Steve Glassman, chair of the Pennsylvania Human Relations Commission, hailed the directive, saying he hopes it heightens awareness about the need for marriage equality.
“I think it’s another step on the path toward recognition of same-sex family relationships and an important educational opportunity for the American public in understanding why the legalization of same-sex marriage is so critical to adults and children who are currently denied full and equal opportunities in this country,” he said. “And this is perhaps the easiest right for even our opponents to recognize because it involves caring for people at the most vulnerable times in their lives.”
Obama ordered HHS to make recommendations to him within 180 days on the steps needed to implement the expansion of hospital visitation and decision-making rights for LGBT individuals.
“I think it’s a good start, but the devil’s in the details,” said Amara Chaudhry, director of Mazzoni Center’s legal department. “I would hope that the rules promulgated carry out the spirit of the directive.”
Jen Colletta can be reached at [email protected].