Gay hospital visitation rights does not include all hospitals and could be short-lived
Apr 16th, 2010 | By Kentucky Guardian Contributors & Staff | Category: Lead Story, National News
After a Florida hospital denied a lesbian access to see her partner (previous story), U.S. President Obama signed a memorandum directing the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members.
Contrary to popular belief among not only the LGBTI community, but all Americans, the memorandum does not carry to weight of law. The memorandum to the U.S. Department of Health and Human Services may only ‘attempt’ to enforce the memorandum with hospitals receiving federal funds.
President Obama’s memorandum directs the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members.
The memorandum was not an executive order, and Kentucky Governor Steve Beshear, or the governor of any other state could have issued a similar memorandum or executive order for hospitals receiving state funds, or that participate in Medicare and Medicaid.
Richard Socarides, who advised President Bill Clinton on gay rights issues, said that while the memorandum on its own did not grant any new rights, it did “draw attention to the very real and tragic situations many gays and lesbians face when a partner is hospitalized.”
Memorandums and Executive Orders Can be rescinded by other Administrations
If Kentucky’s gay and lesbian community understand anything, it is that memorandums and executive orders can be rescinded when a new administration is elected. Kentucky Governor Paul Patton signed an executive order protecting LGBTI people in Kentucky Government. The executive order was rescinded by Governor Ernie Fletcher, and reissued by current Governor Steve Beshear. (previous story)
Virginia has recently followed in Kentucky’s footsteps. In February, Virginia’s new Republican Governor rolled back protections for gay and lesbian people that a Democratic Governor ordered. (previous story)
Gay leaders offered only a lukewarm response to the president’s memorandum who has lived up to virtually none of his campaign promises to the gay and lesbian community:
- Obama’s Broken Campaign Promises
- U.S. Supreme Court rejects challenge to ‘don’t ask, don’t tell’ as Obama administration requested
- Andrew Sullivan summarizes the Obama Administration
In May 2009, U.S. Secretary of State Hillary Rodham Clinton extended equal benefits for gay and lesbian American diplomats. “Historically, domestic partners of Foreign Service members have not been provided the same training, benefits, allowances and protections that other family members receive,” the U.S. State Department announced. “These inequities are unfair and must end.”
United We Stand (old version)
[...] Gay hospital visitation rights does not include all hospitals and … [...]
[...] Last week, U.S. President Obama signed a memorandum directly the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members. This however could be short lived if Obama isn’t reelected. (previous story) [...]
[...] President Obama’s memorandum on hospital visitation rights for gay and lesbian couples was not an executive order. — United We Stand Published in: [...]
Twitter: None
April 25th, 2010 6:33 PM
[...] Gay hospital visitation rights does not include all hospitals and … [...]
Twitter: None
April 27th, 2010 6:22 AM
[...] Last week, U.S. President Obama signed a memorandum directly the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members. This however could be short lived if Obama isn’t reelected. (previous story) [...]
Twitter: None
April 27th, 2010 7:47 AM
[...] Last week, U.S. President Obama signed a memorandum directly the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members. This however could be short lived if Obama isn’t reelected. (previous story) [...]
Twitter: None
April 27th, 2010 10:19 PM
[...] Last week, U.S. President Obama signed a memorandum directly the U.S. Secretary of Health and Human Services to “ensure” that hospitals which participate in Medicare and Medicaid “respect the rights of patients to designate visitors” and allow those visitors the same privileges as immediate family members. This however could be short lived if Obama isn’t reelected. (previous story) [...]
thanks! :)
lets write them until the admit it, or stop doing it! i am writing them now!
:)
Great site. A lot of useful information here. I’m sending it to some friends!