Patient Rights for Same Sex Partners Enforced

by Bren Manaugh, LCSW | Published Online on October 28, 2011

Last year federal rules were passed to require hospitals to empower patients to designate their own visitors, including same sex partners.

This week the Department of Health and Human Services (HHS) announced new guidance to support enforcement of rules that protect hospital patients’ right to choose their own visitors during a hospital stay, including a visitor who is a same-sex partner. The rules also support enforcement of the right of patients to designate the person of their choice; including a same-sex partner, to make medical decisions on their behalf should they become incapacitated.

“Couples take a vow to be with each other in sickness and in health and it is unacceptable that, in the past, some same-sex partners were denied the right to visit their loved ones in times of need,” said HHS Secretary Kathleen Sebelius in a press release announcing new guidance in enforcement of these rules.

The rules apply to all Medicare- and Medicaid-participating hospitals and apply to all patients receiving treatment at those hospitals even if the patient is not a Medicare or Medicaid recipient. Hospitals are required to explain to all patients their right to choose who may visit them during their inpatient stay, regardless of whether the visitor is a family member, a spouse, a domestic partner (including same-sex), or another type of visitor, as well as their right to withdraw such consent at any time.

Existing rules protect the rights of patients to have representatives who can act on their behalf, which may be expressed in writing or orally.

Patients or their loved ones who experience anything less than this standard at a hospital bound by these rules should speak to the patient representative at that hospital.

This article appeared in the October 2011 of ignite Magazine.