Out & Healthy

SAME-SEX COUPLES AND HEALTH CARE LEGAL ISSUES:

What You Need to Know as a Hospital, Clinic, Health Care Provider

and as a Health Care Employer

The rapid increase in the number of states that provide some legal recognition to same-sex relationships has raised novel legal issues for medical providers and employers alike. Eight states (ten effective January, 2008) plus the District of Columbia – covering approximately 23% of the population of the United States – now recognize same-sex relationships under such names as marriage, civil unions and domestic partnerships. These laws have created the need for medical providers to rethink whom they must consult with to provide appropriate care for patients in these relationships. This session will explore the answers to questions these laws have raised: If you are treating a patient who is unable to make decisions for himself or herself, what are your legal obligations to disclose information to the patient’s same-sex partner and involve the partner in the decision making process? What if the patient and the partner are from a state that recognizes their relationship, but the state they are currently in does not? What if the patient’s family objects to including the same-sex partner in the process?

Similarly, the laws recognizing same-sex relationships have an impact on employers who in some cases may now be obligated to provide employee benefits such as health plan coverage to the same-sex partners of their employees. Conversely, in many cases employers may not be obligated to provide these benefits but nevertheless choose to do so to attract and retain top talent. This session will also explore the legal obligations to provide benefits to the same-sex partners of your employees.

Click here to see the full agenda

PRESENTERS: Michelle E. Phillips, Esq. and Jason E. Ruff, Esq., of Jackson Lewis LLP.