A Step Forward II

Last week, new federal regulations regarding patients’ hospital visitation rights--most notably LGBT patients--went into effect, and they affect all of us, for the better. See, these new regulations require all hospitals that participate in Medicaid and Medicare programs--which is roughly, oh, I don't know, every single hospital in America--to allow the patients to determine who can, and cannot visit them; in addition, the regulations further prohibit discriminating against visitors based on any number of factors, including sexual orientation and gender identity.

Which means the end of the "Only family can visit" bull shiz. 

These new federal regulations have come into being because of the tragic story of one such LGBT family: Janice Langbehn, Lisa Pond and their children. I first posted their story HERE, and followed it up HERE and HERE --but, to recap, while readying for a cruise in Miami, Lisa Pond suffered a brain aneurysm, and was taken to Jackson Memorial hospital in Miami. Janice Langbehn was not allowed to visit her partner as Lisa lay in a coma, except for a few minutes while the priest administered last rites; she wasn't even allowed to bring their children into see their mother.

Almost instantly after this story broke, President Obama--proving that day that he was our fierce advocate--issued a presidential memorandum which directed the Department of Health and Human Services to develop regulations protecting hospital visitation rights.

So, now, because of Janice and Lisa, and because of President Obama, if Carlos, heaven forbid, is hospitalized, the hospital will not be allowed to refuse me visitation--or vice versa. Now, I won't hold my breath that every hospital will follow these new regulations, but I do think that after a few lawsuits, maybe they'll take notice.

Update: Jackson Memorial Hospital Steps Up....A Little

Do you remember the story of Janice Langbehn and her partner Lisa Marie Pond? The couple had planned a family cruise, but, while in Miami Lisa Pond suffered a stroke and was taken to Jackson Memorial Hospital, where Janice, and their children, were kept from seeing her as she slipped into a coma and died.

[Previous posts on this sad story are HERE and HERE.]

Well, it finally looks like Jackson Memorial, oddly enough ranked one of “America’s Best Hospitals,” may actually have taken a giant step forward in dealing with LGBT patients, couples, and families.

Lambda Legal, its coalition partners, and officials from Jackson Health System--which runs Jackson Memorial--have announced that the hospital has improved policies that are more responsive to the needs of the LGBT community; Lambda Legal believes, however, that the new policies still do not provide as much protection as needed in critical situations, and they have urged Jackson Memorial to enact a full grievance procedure and apologize formally to the Langbehn-Pond family:

"Lambda Legal applauds Jackson Memorial's work with the coalition to review and expand policies and training materials to help address the needs of same-sex couples and their families, but we urge the hospital to finish the job. The hospital should issue an official apology to the Langbehn-Pond family and JHS should have a grievance procedure in the case of visitation denial that can be acted on quickly in an emergency situation....We don't want the Langbehn-Pond nightmare to happen to another family."

Last September, when the court rejected a Lambda Legal lawsuit against Jackson Memorial Hospital on behalf of Janice Langbehn, ruling that no law required the hospital to allow her and their three children to see her partner, Lisa Pond, Lambda Legal began working privately with other LGBT organizations and hospital officials to address the policies that leave many same-sex couples and their families vulnerable during critical times. After a year of reviewing hospital policies policies, the coalition recommended several changes that the hospital has since adopted:

• the development and implementation of a non-discrimination policy that includes sexual orientation, gender identity and gender expression,
• a patient's bill of rights that demonstrates the hospital's commitment to providing quality care for LGBT patients.
• a visitation policy that updates the definition of family to include same-sex partners and other people who may not be legally related to a patient.

Hopefully this will prevent another such tragedy from happening to an LGBT family at Jackson Memorial. Whatever your thoughts on LGBT rights and discrimination, you must know that to allow a person to die, while keeping their loved ones from their side, is unconscionable.