New hospital visitation regulations for LGBT families come into effect

Janice Langbehn, left, and Lisa Pond

On January 18, 2011, new hospital visitation rights went into effect that will impact millions of LGBT Americans and their families. President Obama saw an injustice, has spoken about hospital visitation often over a number of years and felt very strongly the injustice needed to be addressed.

On April 15, 2010, the President directed Health and Human Services (HHS) Secretary Kathleen Sebelius to initiate rules to ensure that hospitals that participate in Medicare and Medicaid respect the right of a patient to designate visitors. The President said, “There are few moments in our lives that call for greater compassion and companionship than when a loved one is admitted to the hospital. 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.”

The President further advised that the rule should ensure that participating hospitals may not deny visitation privileges based on factors including sexual orientation or gender identity.

Brian Bond, Deputy Di-rector of the White House Office of Public Engagement, said in a statement posted January 18 on his organization’s website, “I want to thank HHS Secretary Sebelius and her team for their resolve to see this rule implemented. In fact, long before this rule was finalized, back in June, 2010 the Secretary laid the groundwork by reaching out to leaders of major hospital associations asking them to encourage their member hospitals to not wait for the formal rulemaking to run its course regarding patient-centered visitation rights suggested by the President.

“This significant policy change is due in no small part to the journeys of two incredibly courageous and passionate women, Janice Langbehn and Charlene Strong. Both lived through unimaginable experiences with the loss of their wives and life partners. While I never had the opportunity to meet Janice’s wife Lisa Pond, or Charlene’s wife Kate Fleming, I have had the honor to meet and work with Janice and Charlene. I want to thank them for bringing us all into their lives and for sharing themselves and their families with us, and for using their voices to make lives better for LGBT families.”

After being denied the right to visit her partner who lay dying in a Florida hospital, despite having proof of healthcare directives, Janice Langbehn filed a lawsuit and put a face on the discriminatory practice. Her partner collapsed from an aneurysm while the couple and their three children were on vacation.

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