The new federal hospital visitation rules: "Conscience clauses" do not apply .. and what else the final rule does or does not cover

Of the 78 page publication available today from the Department of Health and Human Services, only 4 contain the actual regulations that will become effective 60 days after publication in the Federal Register. The gist of those four pages is simple. Hospitals governed by the rules of the Medicare and Medicaid programs must tell each patient that s/he has the right to receive the visitors she

Obama's hospital visitation memo -- it's really not just about same-sex couples

From the press reports of President Obama's directive on hospital visitation and medical decisionmaking, you'd think it was a divisive gay rights issue, just one step short of authorizing same-sex marriage. And it is absolutely true that it should help prevent the tragedies involving gay and lesbian partners, including one in Florida, another in Maryland, and another about to go to trial in

Law professors' conference addresses needs of same-sex partners in a "defense of marriage" state

Next week, the Association of American Law Schools will hold its annual meeting in New Orleans. This is the annual meeting of law professors from across the country. In acknowledgement of the needs of same-sex and unmarried partners in a state with a "defense of marriage" act, the AALS's executive director, Susan Westerberg Prager, today sent out the following message to all attendees. I am

DC City Council votes 12-1 to recognize same-sex marriages from elsewhere

Congress will soon be thinking about same-sex marriage, whether we or they like it or not. The DC City Council today passed Bill 18-10 which requires the District of Columbia to recognize the validity of same-sex marriages that are valid where performed. The bill goes to the desk of Mayor Adrian Fenty, who will sign it, and from there to Congress for the mandatory 30-day legislative period during

Love makes a family...but only through marriage

On a day when most people are focused on the marriage win in Iowa (watch for my post on the court's opinion soon), I read the news that the Connecticut group Love Makes A Family is disbanding. Its "core purpose" was achieving marriage for same-sex couples, and., having done that, it is closing up shop. So I guess its name should have been Marriage Makes a Family.Often when I talk about the

Hospital visitation and health care decisionmaking autonomy for EVERYONE

Wisconsin may be poised to go down the same road Maryland choose last year -- the conflation of recognition of same-sex couples with the needs all people have, especially LGBT people estranged from their families of origin, to hospital visits from loved ones and medical decisionmaking by the person who knows them best. (Even Obama got it wrong in his acceptance speech). And Wisconsin is actually

SAME-SEX MARRIAGE AND VISITING LOVED ONES IN THE HOSPITAL DO NOT BELONG IN THE SAME SENTENCE

By now we all know what Obama said about us in his acceptance speech, but here it is in total:I know there are differences on same-sex marriage, but surely we can agree that our gay and lesbian brothers and sisters deserve to visit the person they love in a hospital and to live lives free of discrimination.Now I can't criticize the "live lives free of discrimination" part...amen to that. But as

OUTRAGEOUS HOSPITAL BEHAVIOR

Readers of this blog know that my family policy agenda includes advance health care directive registries, first at the state level and then hopefully linked across the country. Today there's news of outrageous hospital behavior out of Florida. Janice Langbehn was denied access to her dying partner, Lisa Marie Pond, even after the power of attorney she held was faxed to Jackson Memorial Hospital

ADVANCE HEALTH CARE DIRECTIVE REGISTRIES

Does your state have an advance health care directive registry? You may not know. I spoke about my book in Tucson, Arizona last week and told my audiences that the Arizona registry should be a model for other states. But almost no one in my audience knew that Arizona had such a registry! It's free; it's easy; and it provides anyone who registers a directive with a wallet card that you can carry