Thursday, November 18, 2010

[Peckers_Pics] Model Wars; Nov 19, 2010; Safe PICS For All Ages, Rated G



Model Wars; Nov 19, 2010
Safe PICS For All Ages, Rated  G
 
 
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Today's Health - Wellness/ Exercise / Reflections:
Government rules on LGBT hospital visitation rights are finalized
 
SDGLN Staff / November 18th, 2010
 
WASHINGTON -- The Department of Health and Human Services (HHS) on Wednesday announced final regulations protecting the hospital visitation rights of LGBT people.

The regulations require all hospitals that receive federal Medicare and Medicaid funding – nearly every hospital in America – to allow patients to designate who may visit them and prohibits discrimination in visitation based on a number of factors, including sexual orientation and gender identity.

Scheduled for publication in the Federal Register today, the regulations will go into force 60 days later -- in mid-January 2011.

Lambda Legal, the Gay & Lesbian Medical Association (GLMA) and the National Health Law Program (NHeLP) applauded the announcement by HHS Secretary Kathleen Sebelius of new rules governing the treatment that LGBT patients and their families should receive in federally funded hospitals across the nation.

"Everyone should be able to have their loved ones with them in a time of crisis," said Tara Borelli, a staff attorney who manages Lambda Legal's health care fairness advocacy work. "While the new regulations don't address every concern we've expressed - including what happens if a patient is incapacitated - we're encouraged that HHS has said we can expect announcements of additional guidance. This is a very important first step to address the barriers many same-sex couples and their families face in medical emergencies. Same-sex couples should be aware, however, that they still need to complete documentation designating a health care agent to be fully protected under these rules."

The regulations stem from a memorandum issued by President Barack Obama on April 15.

"This new federal protection will help thousands of LGBT people, many in times of crisis where they should never face the additional burden of discrimination," HRC President Joe Solmonese said.

"However, much more must be done to address the many other challenges LGBT Americans face every day in accessing healthcare. We thank Secretary Sebelius for taking this important step forward and look forward to continuing to work with HHS to eliminate additional barriers to our community living healthy, happy lives."

Last September, a federal district court rejected Lambda Legal's lawsuit filed against Jackson Memorial Hospital on behalf of Janice Langbehn, ruling that no law required the hospital to allow her and their three children to see her partner. Langbehn and the children were kept apart from Pond by hospital staff for eight hours as Pond slipped into a coma and later died. After that Lambda Legal and GLMA worked with other LGBT organizations and officials at Jackson Memorial Hospital to change hospital policies on visitation and respecting the wishes of same-sex couples and their families.

"We are hopeful that these measures will help ensure that no family will have to experience what our client, Janice Langbehn, and her family did that night at Jackson Memorial Hospital," said Lambda Legal staff attorney Beth Littrell, who represented Langbehn.

"I am pleased to see that President Obama's promise for equality in hospitals has come to fruition. Our family endured an eight hour nightmare but thanks to Lambda Legal, President Obama, and Secretary Sebelius, no family will face the same situation," said Langbehn, who was on the call with Secretary Sebelius on Wednesday.

In April, President Obama issued a presidential memo directing the HHS Secretary to take steps to address hospital visitation and other health care issues affecting LGBT families. Obama then called Langbehn to express his sympathies for the tragic loss of her partner and the treatment she suffered.

"LGBT patients and their families continue to face widespread ignorance and discrimination in health care settings," GLMA Executive Director Hector Vargas said. "We're grateful that President Obama recognized a longstanding need: to ensure that hospitals recognize patients' family members and loved ones without discrimination."

"This is certainly a major step forward and will be of enormous help - especially to lower-income members of the LGBT community, who are doubly vulnerable in health care settings," said Susan Berke Fogel, senior attorney with NHeLP.

In August, Lambda Legal, GLMA and NHeLP submitted 26 pages of comments on HHS's draft regulations, expressing concerns over who may visit when an incapacitated patient has not designated someone to make decisions; the need for an appeals procedure for visitation denials; and that hospices and nursing homes have LGBT-specific nondiscrimination policies in place. The new regulations leave these concerns unaddressed, though HHS has promised further guidance.

Read the full regulations HERE.

"Of all the things same-sex couples have to worry about, of all the discrimination and pressures we face, not being able to see our partner or spouse shouldn't be one of them. Today's announcement honors our relationships, our love and our basic humanity. An end to this discrimination can't come soon enough. We thank the administration for taking this critical stride forward and will continue to work with Health and Human Services as it issues future guidelines to ensure full and clear implementation of this rule," said Rea Carey, executive director of the National Gay and Lesbian Task Force.

The new policy will help put an end to heart-wrenching stories like that of Charlene Strong, who lost her partner of 10 years, Kate Fleming, in 2006. When Fleming was rushed to the hospital unconscious, Strong was prohibited by hospital staff from being by her side because Washington state did not recognize their relationship. Facing discrimination, Strong was blocked from seeing Fleming until she gained permission from Fleming's family to verify the couple's relationship. Their story is detailed in a documentary called "For My Wife..." and helped influence the establishment of this policy.

"The Obama administration today took an important step in addressing an injustice that has caused profound pain, stress and heartbreak for same-sex couples and our families.

Thankfully, I was able to tell Kate I deeply loved her after being allowed access. I was able to hold her after she died and be with her. I will never forget that night, and if it has done one thing for me, it has clearly inspired me to see that all of our families have the protections and assurances necessary to ensure we have that moment of dignity and grace to be by our loved one's side. That night is also an ongoing reminder of how we will continue to be vulnerable in moments of crisis unless there are explicit protections for same-sex couples who don't have legal documentation identifying their relationship. Until that time, we must continue this conversation nationwide to allow all families the protection of recognition and the elimination of obstacles that our families are currently asked to navigate," said Charlene Strong.

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    You Decide!
    Rio Gay Pride; Nov 14, 2010
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    Rio Gay Pride; Nov 14, 2010
    Ellen DeGeneres to welcome courageous Michigan teen Graeme Taylor to her daytime show on Monday
    By: Greg Hernandez / Hollywood News / Nov 18, 2010

    Ellen DeGeneres is among those who have been deeply moved by the courage of an articulate Ann Arbor teenager named Graeme Taylor who faced his school board and eloquently defended a teacher suspended for a day after he ejected a student from his class for saying he didn't accept gays.

    Just 14 and a freshman at Pioneer High School, Graeme praised the actions of teacher Jay McDowell before the Howell school board saying he's a teacher who "finally stood up and said something."

    "I've been in classrooms where children have said the worst things," the gay teen told the board. "The kinds of things that drove me to a suicide attempt when I was 9 years old."

    Ellen posted on Twitter late Wednesday that Graeme will appear on her show Monday and linked to the video (posted below) in her Tweet.

    A promo on the Ellen show website says: "Last week, an incredible 14-year-old named Graeme Taylor gave an inspirational speech defending his teacher for stopping gay bullying. Today he's here to tell Ellen what motivated him to do it."

    Here's is what happened that led to all of this as reported by AnnArbor: The incident that prompted Taylor to support McDowell occurred on Oct. 20. McDowell (pictured, left) told a student in his classroom to remove a Confederate Flag belt buckle. She complied, but it prompted a question from a boy about how the flag differs from the rainbow flag, a symbol of pride for the gay community.

    "I explained the difference between the flags, and he said, 'I don't accept gays,'" said McDowell, 42, who was wearing a shirt with an anti-gay bullying message.

    McDowell said he told the student he couldn't say that in class.

    "And he said, 'Why? I don't accept gays. It's against my religion.' I reiterated that it's not appropriate to say something like that in class," McDowell said Monday.

    McDowell said he sent the boy out of the room for a one-day class suspension. Another boy asked whether he also could leave because he also didn't accept gays.

    McDowell was suspended for one day without pay after the incident.

    Here is video of Graeme at the school board meeting that has become a viral sensation:

    http://www.youtube.com/watch?v=VJBvdfdAQjs&feature=player_embedded



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