On Tuesday, January 18, 2010, new regulations concerning hospital visitation will go into effect. These regulations could greatly enhance the rights of LGBT individuals to visit their partners in the hospital. The regulations were created after President Obama issued a directive to the Department of Health and Human Services to work to prohibit discrimination in hospital visitation back in April 2010 . The directive was prompted, in part, by the actions of self-termed accidental activist, Janice Langbehn. Langbehn spoke at a Miami fundraiser, attended by the President, about the lawsuit she brought forth after being denied the right to visit her partner (despite having proof of healthcare directives) who lay dying in a Florida hospital after collapsing with an aneurysm while the couple and their three children were on vacation.
Working alongside gay rights organizations, HHS Secretary Kathleen Sebelius and the Department of Health and Human Services created regulations that will require all hospitals participating in Medicare and Medicaid programs to allow patients to designate visitors and will prohibit hospitals from discriminating in visitation on the basis of sexual orientation and gender identity.
Human Rights Campaign President Joe Solmonese thanked the President, in a statement released Sunday, January 16th, "for recognizing the hardships LGBT people face and taking this important step toward ensuring that no one will be turned away from a partner's hospital bedside again." And while the President did take a step toward greater equality for LGBT individuals, it is important to note that there are a number of health care issues, related to LGBT individuals, not covered by the new regulations. For example, in many states, persons wishing to designate a domestic partner to make health care decisions on their behalf, must have legal documents prepared stating so. Also worth mentioning, is the fact that the regulations will only afford LGBT individuals the intended rights if they are properly enforced, something only time can reveal.
Advocates of same-sex marriage have long argued that legalizing same-sex unions would eliminate much of the administrative headache involved in providing same-sex couples with equal rights.
Opponents of gay marriage argue that the health care regulations are just another example of the LGBT community seeking special privileges not given to others, and that giving into the demands of the LGBT community further undermines the institution of marriage.
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