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LGBT hospital victory

UTMC complies with new law

Published: Thursday, February 3, 2011

Updated: Thursday, February 3, 2011 08:02

A Jan. 18, decision by President Obama declared that a resolution would go into effect later that day that would strip Medicare and Medicaid coverage from hospitals that restrict the visitation rights of the domestic partners in same-sex relationships.

The policy, which was issued to the Department of Health and Human Services after being proposed by President Obama’s April Memorandum, ensures that patients are allowed visitors of their choice regardless of sexual orientation, gender identity or family makeup.

When the law passed, justice was served for all members of the Lesbian, Gay, Bisexual and Transgender community, but it was more bittersweet for Janice Langbehn; her heartfelt story inspired President Obama after he read it on the White House Blog.

In 2007 Langbhen, and Lisa Ponds, her life partner of 18 years, faced a horrible tragedy while on a family cruise in the Bahamas. Ponds suffered an aneurysm and later died at Jackson Memorial Hospital in Miami, Florida.

During Ponds’ final hours, Langbhen received little to no information from the hospital on Ponds’ condition. When the staff at Jackson Memorial told her that she couldn’t stand by her partner’s side, Langbhen found the news unexpected and heart-wrenching.

Langbhen’s main grievance was denial of the right to be at the bedside of her dying wife. Traditionally, only blood relatives were permitted. However, because of the nature of her sexual orientation, she and her children were not allowed in the room.

“The fact that the hospital didn’t let our children say goodbye to their mom... That’s just something that will haunt me forever,” she told ABC news in January.

She was told by a Jackson Memorial social worker that Florida is an anti-gay state and the couple was forced to be separated. Langbhen was not able to say her last goodbyes.

Langbhen’s story was one of many that influenced Obama to order the U.S. Department of Health and Human Services to draft a new law.

The change in the policy affects members of the LGBT community and their loved ones during times of crisis and when one needs to be consoled the most rather than being discriminated against.

“Without these national rules, a Lesbian, Gay, Bisexual or Transgender person could not be certain that their domestic partner or chosen family would be allowed by their side,” Sherry Tripepi, UT professor of social work and executive director of Equality Toledo said.

Diversity is listed as one of the six tenants of the University of Toledo’s Mission Statement and can therefore be considered an important consideration for the university. In 2006, UT acquired the Medical University of Ohio, which later became the University of Toledo Medical Center.

“We respect all our patients and all of our community members and we want this to be a welcoming place for all,” Associate Vice President and Associate Executive Director of UTMC Norma Tomlinson said.

The law, which went into effect on Jan. 18, not only allows visitation from domestic partners in same sex relationships, but also extended family as well as friends.

“We are very pleased to have the new national rules for hospital visitation,” Tripepi said.

She went on to say “[Equality Toledo] believes that all people should have the equal rights to choose who is by their side during a hospital stay.”

Patients and visitors should be well aware of their rights and take the time to cover the policies at any facility. Policies at the UTMC such as “Visitor Authorization After Regular Hours” and “Patient Rights and Responsibilities” are examples of what it means to cater to families of the LGBT community.

In a press release after the announcement, Rea Carey of the Natioanl Gay and Lesbian Task Force wrote, “We thank the administration for taking this step, but continue to urge for the removal of barriers to full protections for our families, which includes repealing [1996 ruling on the Defense of Marriage Act].”

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