COLAGE, a national network of people with a lesbian, bisexual, transgender, or queer (LGBTQ) parent, hails President Obama’s memorandum ordering the Department of Health and Human Services to change its policy on visitation rights for hospitals receiving Medicare and Medicaid.
The memorandum makes it clear that the majority of hospitals in the U.S. must honor all patients’ advance directives, including those designating who gets family visitation privileges.
Whether it is a close friend who became part of the family years ago, a person’s unmarried partner, or the child of a gay or lesbian parent who was not legally allowed to adopt them, now people in diverse family structures will have the opportunity to visit their loved ones in the hospital.
In his statement, Obama said: “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...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.”
It is important to note, however, that without certain documents people could still be denied hospital visitation rights. People should remember to have an advance directive, power of attorney, and health care proxy carried with them at all times. If you are in the hospital without these documents, you can still be denied visitation rights. Furthermore, hospitals may still prohibit visitation according to their own set of polices if they don’t accept Medicaid or Medicare.
