A Presidential Apology for Hospital Discrimination

by Maia Spotts · 2010-04-16 01:46:00 -0700
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At 4:32PM (PST) yesterday Janice Langbehn got a phone call. It wasn't the apology from Jackson Memorial Hospital that she's been waiting for, for nearly three years. But it was an apology. And it was from the President.

According to Janice's Facebook update, "The President was very gracious and apologized for what we went through. I thanked him for this legacy for our children."

The legacy to which Janice refers was the memorandum issued by the President last night, inspired by Janice's story, and intended to secure the rights of LGBT partners and families in times of sickness and health. It is addressed to the Secretary of Health and Human Services (HHS), and it "requests" she take the following steps regarding all hospitals that participate in Medicare and Medicaid:

  • designated visitors, including individuals designated by legally valid advance directives (such as durable powers of attorney and health care proxies), should enjoy visitation privileges that are no more restrictive than those that immediate family members enjoy.

  • participating hospitals may not deny visitation privileges on the basis of race, color, national
    origin, religion, sex, sexual orientation, gender identity, or disability.

  • guarantee that all patients' advance directives, such as durable powers of attorney and health care proxies, are respected, and that patients' representatives otherwise have the right to make
    informed decisions regarding patients' care.

The President also requests that HHS make additional recommendations to him "to address
hospital visitation, medical decisionmaking, or other health care issues that affect LGBT patients and their families."

Cue the mantra: It's not full equality, but it's something.

Considering we were summarily left out of the Health Care Bill, this move by the President can be seen in two ways. For the realists out there, he's throwing us a bone, and a paltry one at that. It's just a memo, with zero guarantee of implementation, just more of the same lip service he's been dishing up since his campaign. For the optimists out there, it's a compelling gesture of support, and hopefully the beginning of a step-by-step campaign toward full equality.

Actions and words. It's so nice when they go together.

Photo credit: Michael Cory

Maia Spotts is one part of a two mom, two kid household and hopes to change the way in which this country defines the strong American family.
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