The NGLCC has joined more than 50 other LGBT and civil rights organizations in a sign-on letter commenting on the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) proposed rule to ensure equal visitation rights for all hospital patients—including same-sex and domestic partners of hospitalized LGBT patients.
In addition to the NGLCC, other groups signing the letter include the American Civil Liberties Union (ACLU), the National Black Justice Coalition and Parents, Families and Friends of Lesbians and Gays (PFLAG), and the National Gay & Lesbian Task Force. The letter offers comments and suggestions for clarifying the rights of LGBT patients to designate visitors and representatives during their hospital stay.
President Barack Obama called for improved hospital visitation access for same-sex and domestic partners in an April presidential memorandum.
"The president's memorandum on hospital visitation was much-needed and appreciated by the LGBT community," said Justin Nelson, NGLCC president and co-founder. "The NGLCC is proud to be among those groups submitting comment to HHS on the CMS proposed rule, so that same-sex and domestic partners can finally have equal rights to visit their sick loved ones in the hospital."
The letter suggests that hospitals should provide patients with "easy-to-use forms for designating a representative" and to verbally designate a representative in emergency situations.
The letter also suggests that patients be able to designate a representative "regardless of whether the state in which they are hospitalized recognizes a formal legal relationship between them." The proposed CMS rule includes the clause "under State law," which could be interpreted as limiting some designations of same-sex partners in states where their partnership is not legally recognized.
With regard to this portion of the proposed rule, Nelson said "this would be a hollow victory if the rule were to go into effect without addressing the issue of residency."
While the CMS rule recommends that patients be informed of their right to receive visitors that they designate, the letter suggests that hospitals be required to provide all patients with a "single sheet" explaining their visitation rights upon intake, with language indicating that the hospital does not restrict visitation privileges based on sexual identity, gender identity, marital status or family composition.
For more details about the suggestions contained in the sign-on letter, click here.
The presidential memorandum on hospital visitation can be viewed here.
View the CMS proposed rule as it appears in the Federal Register here.
