Discriminatory barrier removed from hospital visitation

On November 17, 2010, the Department of Health and Human Services issued a final rule that governs the treatment of lesbian, gay, bisexual, and transgender patients and their families should receive in federally funded hospitals.   The rule, entitled “Medicare and Medicaid Programs: Changes to the Hospital and Critical Access Hospital Conditions of Participation to Ensure Visitation Rights For All Patients”, makes the following notable changes to hospital policies:  (1) hospitals are required to have written visitation policies; (2) patients must be informed of their right to designate visitors, including a same-sex spouse or domestic partner; and (3) hospitals are barred from discriminating regarding visitation rights on the basis of sexual orientation or gender identity.  Click here for LAMDA Legal’s analysis of the new rule.