Thursday, December 9, 2010

Medicare New Rules for Equal Visitation Rights for All Hospital Patients

Centers for Medicare and Medicaid Services today proposed new rules for hospitals that participate in the management of health programs that protect the rights of patients to choose their own visitors during their stay in hospital the hospital, including visitors who are same-sex domestic partners. These rules implement orders of President Obama released in April 2010 that "the participating hospitals may not refuse to visit the privilege on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or disability."
The proposed rules, which will be updated to the current Conditions of Participation (COP), requires that each hospital has written policies and procedures, details of which patients visiting rights, including the patient's right to choose their visitors, and his or her representative for making critical health care system.
Hospitals often bar visitors who are not related to the patient by blood or marriage. Gay activists say that many of them do not respect the efforts of gay couples "to designate a partner to make medical decisions for them if they are seriously ill or injured.
The new rules will not apply only to same-sex unions. They will also affect widows and widowers who were not able to meet with a friend or companion. And they will allow members of some religious orders to designate someone other than family members to make medical decisions.
"Every patient deserves the basic right to appoint who they want to see while in the hospital," said Health and Human Services Kathleen Sebelius. "Today's proposed regulation would ensure that all patients have equal access to visitors of their choice, whether or not those visitors, or are perceived as members of the patient's family."
"This draft resolution is an important step forward in the rights of all Americans expect the same rights and privileges from the health care system, regardless of their personal and family situations," said Marilyn Tavenner, CMS acting administrator. "In turn, this rule promotes, patients and providers can expect improved patient experiences of care."

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