Hospital tells lesbian couple they need medical power of attorney

When they apparently don't:

At Spring Valley Hospital, in Las Vegas, Nevada, a lesbian couple - Brittney Leon and Terri-Ann Simonelli - was told at admissions that even though they had a legal domestic partnership, they would need a medical power of attorney for one gay partner to make decisions in the event of a crisis.

Brittney Leon was checking into the hospital for complications related to her pregnancy. During the admittance, the admissions officer informed the couple that the hospital policy required gay couples to have a medical power of attorney. Even though the couple offered to go home and get their certificate designating them as legal domestic partners, the admissions officer said that it wouldn't matter - the policy was the policy.

In Nevada, the domestic partnership law passed in 2009 provides all the rights of married couples.

I've asked the Obama administration for clarification as to how, and whether, the President's executive order applies in these situations. Stay tuned. Read the rest of this post...

Worst parents in the world?

It's tempting to call Martha and Norman Bridegroom of Knox, Indiana, the parents of Tom Bridegroom who died last year, the "worst parents in the world."  But their story, sadly, isn't unique.

It's happened before, and still happens.

I have a gay relative whose parents no longer consider him their son because he's gay and has a (wonderful) partner of nearly twenty years now.  Bad parents can be vicious parents (and you are a bad parent if you treat your son, and his family, like this).

There's a viral YouTube video going around about a young gay man and how his parents reportedly mistreated him and his partner after they found out he was gay.  Things only got worse when he died at the age of 29.  The surviving partner made the video, and it's heartbreaking. (Video is below.)

Here's a blog post from a friend of Tom and his partner Shane:

Shane (l) and Tom (r)

Last year Shane lost Tom in an accident. Tom’s mother, Martha Bridegroom, came to California from Knox, Indiana to retrieve Tom’s body. While Shane was at home resting, she left with Tom for Indiana without allowing Shane to say goodbye. Tom’s father, Norman Bridegroom, then threatened violence against Shane if he were to attend the funeral Indiana. Shane was shut out.

Shane says that Tom's mom promised to stay in touch, let him know about the funeral, etc.  She never reached out to him again.

Shane says that Tom's parents did, however, get word to him that if he showed up at the funeral he would be "attacked" by Tom's father and uncle.  This, after Tom reportedly claimed that his father threatened him with a gun, and physically attacked him, when he came home at Christmas after having told his parents he was gay.

Of course, the reaction of the hospital wasn't any better.  They refused to tell Shane anything about what happened to Tom without the mother's permission because - drum roll please - gay relationships aren't real relationships in the eyes of the law.  (I'm curious as to how the hospital got away with doing this since the President supposedly mandated that hospitals treat gay partners as family - that treatment should include medical records.  Does it?)

This video came out two months ago.  I'd never heard of it.  Apparently they've raised a lot of money to do a documentary about the story.  Watch this video.  It's ten minutes long, very well done, and totally worth it.

After Tom cut Shane's hair.

I will say one thing: I hope the Bridegroom's of Indiana are enjoying their 15 minutes of fame.  They're now a YouTube sensation, approaching 3 million views.

They say there's a special place in hell. Well, that place is on the Internet, where bad deeds live forever, especially if your last name is as unique as "Bridegroom." (Google it - on the first results page you'll find links to the story of how they treated their son.)

You wonder if the parents have any concept that they just "Santorumed" their family name forever.

Here's Shane's video:



And here's some local coverage of the story:

Read the rest of this post...

Lesbian to receive 2011 Citizens Medal from President

Janice Langbehn, Lacey, WA
While on vacation with her family in February 2007, Janice Langbehn’s partner, Lisa Pond, suddenly fell ill and was rushed to the hospital. Langbehn was refused access to her partner, who had experienced a brain aneurysm and later died alone. With the help of Lambda Legal and GLAAD, she filed a federal lawsuit and worked to get her story out to the nation. Janice's story received attention from President Obama, who personally apologized to her for the way she and her family was treated. He went on to revise hospital visitation rights for gay and lesbian couples, which went into effect this past January for any hospitals receiving federal Medicare or Medicaid funds. Langbehn receives the Citizens Medal for her efforts to ensure all Americans are treated equally.

More on the medal, from the White House:

On October 20, 2011, President Obama will welcome to the White House the 13 recipients of the 2011 Presidential Citizens Medal, the nation’s second-highest civilian honor. “This year’s recipients of the Citizens Medal come from different backgrounds, but they share a commitment to a cause greater than themselves,” said President Obama. “They exemplify the best of what it means to be an American, and I am honored to be able to offer them a small token of our appreciation.”

The Citizens Medal was established in 1969 to recognize American citizens who have performed exemplary deeds of service for their country or their fellow citizens. Like last year, President Obama is recognizing Americans this year whose work has had a significant impact on their communities but may not have garnered national attention. In May, the President called on members of the public to nominate people in their lives who have performed exemplary deeds of service outside of their regular jobs, including individuals:

Who have a demonstrated commitment to service in their own community or in communities farther from home. Someone who has engaged in activities that have had an impact in their local community, on a community or communities elsewhere in the United States, or on fellow citizens living or stationed around the world.

Who have helped their country or their fellow citizens through one or more extraordinary acts. Individuals who have demonstrated notable skill and grace, selflessly placed themselves in harm’s way, taken unusual risks or steps to protect others, made extraordinary efforts to further a national goal, or otherwise conducted themselves admirably when faced with unusually challenging circumstances.

Whose service relates to a long-term or persistent problem. Individuals who have made efforts to combat stubbornly persistent problems that impact entire communities; for example, those who have taken innovative steps to address hunger, homelessness, the dropout crisis, lack of access to health care, and other issues that plague too many Americans.

Whose service has had a sustained impact on others’ lives and provided inspiration for others to serve. The ideal nominee for a Citizens Medal is a person whose work has had a meaningful and lasting impact on the lives of others.

Read the rest of this post...

New guidance from Obama admin on hospitals respecting rights of LGBT partners

There's a lot of federal government-ese in this press release, but it appears to be clarifying exactly what hospitals need to do to comply with these new rules. In a nutshell, it's a good thing. From HHS:

Medicare steps up enforcement of equal visitation and representation rights in hospitals
Rules finalized last year empower patients to designate their own visitors, including same-sex partners

Today, 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 domestic partner. These rules, finalized by the Centers for Medicare & Medicaid Services (CMS) in November, apply to all hospitals that participate in Medicare and Medicaid. The guidance also supports 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. "We are releasing guidance for enforcing new rules that give all patients, including those with same-sex partners, the right to choose who can visit them in the hospital as well as enhancing existing guidance regarding the right to choose who will help make medical decisions on their behalf.”

The rules updated the Conditions of Participation (CoPs), which are the health and safety standards all Medicare- and Medicaid-participating hospitals and critical access hospitals must meet, and apply to all patients of those hospitals even if they are not on Medicare or Medicaid. Among other things, the CoPs require hospitals 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 a same-sex domestic partner), or another type of visitor, as well as their right to withdraw such consent to visitation at any time.

Existing CoPs also protect the rights of hospital patients to have representatives who can act on their behalf. HHS has updated the guidance for these rules to emphasize that hospitals should give deference to patients’ wishes concerning their representatives, whether expressed in writing, orally, or through other evidence, unless prohibited by state law. The guidance issued today is intended to make it easier for family members, including a same-sex domestic partner, to make informed care decisions for loved ones who have become incapacitated.

CMS today sent a letter to State Survey Agencies, which conduct on-site inspections of hospitals on behalf of CMS. The letter highlights the equal visitation and representation rights requirements and directs SSAs to be aware of the guidance when evaluating hospitals' compliance with CoPs.

“This announcement is another step toward equal rights for all Americans, and it is another step toward putting the patient at the center of our health care system,” said CMS Administrator Donald M. Berwick, M.D. “All patients should be afforded the same rights and privileges when they enter our health care system, and that includes the same opportunity to see their significant other.”

More from Chris Johnson at the Washington Blade, and here's a copy of the Secretary's letter to hospitals is below.

SC11-36.01.Hospital Patients’ Rights to Delegate Decisions to Representatives memo Read the rest of this post...