President Obama Issues Memo Giving Hospital Rights to Gay and Lesbian Patients’ Partners
EmailThis evening President Obama issued a presidential memorandum for the Secretary of Health and Human Services today, requiring hospitals that accept Medicare and Medicaid dollars to recognize a patient’s “designated partner” in terms of visitation and health consultation rights – a rule that will dramatically impact lesbian, gay, bisexual and transgender (LGBT) Americans’ medical rights.
The memo can be read HERE.
“There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital,” the president writes in his memo. “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.”
The memo says that the “designated partner” rule could impact members of some religious orders and seniors with no children who are currently “denied the support and comfort of a good friend,” but “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.”
Noting that designated partner rules have been legislated in Delaware, Minnesota, Nebraska, and North Carolina, the president writes that hospitals taking Medicare and Medicaid will have to give a patient’s “designated partner” the same visitation privileges as immediate family. Hospitals also have to respect “all patients' advance directives, such as durable powers of attorney and health care proxies” and that designated representatives “have the right to make informed decisions regarding patients' care.”
HHS Secretary Kathleen Sebelius is also given six months to come up with other actions her department “can take to address hospital visitation, medical decisionmaking, or other health care issues that affect LGBT patients and their families.”
-jpt
Santorum Clarifies Concerns on Women in Combat 
Gulf of Mexico to Become Gulf of America?
Why’s Obama squawking about durable powers of attorney?
He is not the boss of that.
Posted by: Susie | April 15, 2010, 9:46 pm 9:46 pm
This is a very basic step that has the support of just about everyone short of the Westboro Baptist Church. Everyone should have the right to see those closest to them when ill or dying. I’m willing to bet it took all of 15 minutes for Obama to deal with this subject.
Posted by: jhw539 | April 15, 2010, 10:20 pm 10:20 pm
Has anyone here ever been denied visitation priveledges at any hospital, ever?
I have been of the opinion that this was a “made up” issue that did not exist. I do live in CA, and thus hospitals out here may have been allowing a privledge that others nation wide have denied.
Posted by: JMo | April 15, 2010, 11:38 pm 11:38 pm
More and more Obama is beginning to fulfill his promises but there is much left to do.
Unfortunately, while I know the political process is a slow one, some people’s civil rights must still wait.
Do the right thing Mr. President and repeal DADT and then push Congress to repeal DOMA.
Posted by: Ryan C | April 16, 2010, 1:29 am 1:29 am
“Hospitals also have to respect “all patients’ advance directives, such as durable powers of attorney and health care proxies” and that designated representatives “have the right to make informed decisions regarding patients’ care.”
Pardon me, but didn’t they have to do this BEFORE this presidential memorandum?
Posted by: RB | April 16, 2010, 7:55 am 7:55 am
This has absolutely NOTHING to do with gay rights..this is Obama flexing the muscle that will come into play when doctors and hospitals refuse to see medicare/medicaid patients due to sinking re-imbursement rates. He will deny them the needed licenses to practice, they will be forced to see patients, lose money, and eventually be begging for a universal plan.
Posted by: cindy | April 16, 2010, 8:14 am 8:14 am
It’s about time. Next is civil unions. As an gay athiest you can keep marriage all to yourselves. You have done such a wonderful job with it all on your own. I never want religion in any aspect of my life. You have all done such a wonderful job on that front also. LOL
Posted by: Chuck | April 16, 2010, 8:19 am 8:19 am
AWESOME President Obama!
Posted by: jackson | April 16, 2010, 8:54 am 8:54 am
Susie, because federal money is given to hospitals, the feds have the right to make certain rules about how hospitals are run. Thus a hospital has a whole list of safety, staffing, etc. rules to follow to receive federal dollars.
This is just one more common sense rule that will ensure hospitals that receive taxpayer dollars will have to follow.
(For example, there are some hospitals that are too strict about blood family only being admitted to intensive care. In the case where the patient’s close friends are their only family, this is intolerably cruel.
Funny, how far-right people can find something to complain about, even in this obviously correct memorandum.
Posted by: Lydia | April 16, 2010, 8:59 am 8:59 am
Chuck, your comment about keeping marriage for straights made me laugh. I’m a happily married woman but the 50% failure rate for marriage, the relatives I know that have been married 3 and 4 times, the number of miserably married people who abound, the amount of cheating going on, is astounding. I find it funny that the far right objects that legalizing gay marriage will ruin the institution of marriage. It hardly has a very good reputation now!
Posted by: Lydia | April 16, 2010, 9:56 am 9:56 am
I can’t believe how out of touch some people are. People are denied entry to loved ones every day. In a critical care ward, only blood relatives and legal spouses can enter. Call your local hospital and ask them. Don’t take Glen Becks word for it! Before my hubby and I were married, I wouldn’t have been allowed in! Durable power of attorney?!?! I don’t have one, do the rest of you people? We don’t plan for accidents. That is why we call them accidents! And I love how everything is an insidious plan. @ chuck I can’t even follow that crazy diatribe. If they can’t renew their license, that can’t see patients. HELLOOOOO!
Posted by: Michelle Archer | April 16, 2010, 10:28 am 10:28 am
I am a straight, Christian, Catholic, wife, mother, grandmother.
Obama, our first black President does understand what discrimination feels like. He experienced the harsh reality of it during his life time. And so has his wife.
That is why he felt the need to stop an injustice which has been placed on a few citizens because of who or what they are. An unjust rule that made no sense.
God bless you, Obama.
Posted by: Angie | April 16, 2010, 11:18 am 11:18 am
Good move Mr. President. Fixing an antiquated rule was long over-due.
Posted by: Aaron | April 16, 2010, 12:02 pm 12:02 pm
With steps like this, President Obama is moving our country in the right direction. I am excited for the future because our President is an educated, thoughtful and forward-thinking man. I hope he keeps up the great work.
Posted by: PNW | April 16, 2010, 12:52 pm 12:52 pm
This was an easy call for our President.
Good Show NoBo!
I would only like to add that perhaps the “designated partner” should have at least taken the vows of Garriage with his or her significant other.
There are rules for Married people so there should be rules for Garried people too.
Posted by: Noz | April 16, 2010, 1:56 pm 1:56 pm
It wasn’t right-wing anti-gay people respcnsible for denying access, it was other well-intentioned legislation such as HIPAA and well-meaning PI attorneys that have drained all common sense from the actions of workers in the health care area. They must follow the rules or risk fines, jail, law suits or worse.
So why did Mr. Obama feel the need to once again act by decree? Why not get his buddies in the congress to simply admend the law?
I think he aspires towards dictatorship.
Posted by: Quo Warranto | April 16, 2010, 2:03 pm 2:03 pm
Repeat!
AWESOME President Obama!
Posted by: jackson | April 16, 2010, 2:34 pm 2:34 pm
Patients of ALL stripes have ALWAYS had this right!!! Anyone can elect anyone else to be responsible for his/her health decisions and anyone can visit patients. What utter nonsense! I’ve worked at ten hospitals in my career and have never once – not once – had to tell anyone they couldn’t be there, nor heard of that ever happening. Never. As if medical staff have time to walk around deciphering who is or is not gay – or as if we even care. How many gay folks have been misled into believing that they were banned from their partner’s hospital bedsides because of these manipulative liberal politicians? Once again Obama, thanks for vilifying decent people, and thanks for doing absolutely nothing of value.
Posted by: Nurse Betty | April 16, 2010, 6:52 pm 6:52 pm
what? are people suggesting that if a person is in intensive care that most hospitals let partners in? where are these hospitals? my friend was not allowed to comfort her partner because she was not ‘immediate family’.
thanks obama….the rest of you get over it. the time has come….live your own lives and let others have the freedom to live theirs. that’s your whole platform, right?
Posted by: klawton | April 16, 2010, 7:15 pm 7:15 pm
Another promise kept…finally people who are in lifelong commitments can see the person with whom they have shared their life. This should have been allowed but no one wanted to bite the bullet and make it happen. I know many will thank Obama for his understanding. Of course, he will get bashed for this from the republicans but they don’t seem to get it. He will keep his promise when he can and he does not care if they like it or not. For those who say he is not a strong leader…think again….health care reform.
Posted by: talmag | April 17, 2010, 1:22 am 1:22 am
Typical special interest ploy by Obama. Instead of crafting an order that guarantees equal treatment for all people under the law, he issues a decree specifically to allow a certain voting group special mention and rights. How difficult is to apply the law equally to everyone? Why are SOCIAL JUSTICE measures factored into everything OBAMA does?
Posted by: more social justice | April 17, 2010, 7:34 am 7:34 am
At which hospitals is this happening?This is not an issue at the hospitals in my community.
Posted by: Nephron | April 17, 2010, 7:35 am 7:35 am
“.finally people who are in lifelong commitments can see the person with whom they have shared their life.” – talmag
If they were in lifelong commitments then would have taken the vows of Garriage.
Lots of these “partners” are just in it for a couple of year fling.
Posted by: Noz | April 17, 2010, 9:05 am 9:05 am
If you want evidence as to why this legilation is nescessary then read this:
“Sonoma Co. Separates Elderly Gay Couple, Auctions Their Possessions
Seventy-seven-year-old Clay and his 88-year-old partner Harold lived in Sonoma County, California and had been together 20 years. Although they had wills, powers of attorney and medical directives, none of that mattered once Harold was hospitalized. County and health care workers refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes. Ignoring Clay’s significant role in Harold’s life, the county continued to treat Harold like he had no family and went to court seeking the power to make financial decisions on his behalf. Then without authority..the county took everything Harold and Clay owned and auctioned off all of their belongings.”
Posted by: Pewit | April 19, 2010, 3:47 am 3:47 am