Fresno Hospital Bars Lesbian From Visiting Partner And Giving Advice About Her Treatment, ACLU and NCLR Urge Hospital To Adopt Policies Respecting Same-Sex Relationships
“We just couldn’t believe this was happening to us. This was the nightmare that we hoped we’d never have to live through,” said Teresa Rowe, who grew up in Clovis, California, but now lives in the Bay Area with her partner of four years, Kristin Orbin. “Unfortunately, because Kristin suffers from epilepsy, trips to the hospital are pretty common for us, which is why we filled out the legal paper work to make sure I would be able to be with her and make emergency decisions about her care. But the hospital wouldn’t let me see Kristen and ignored my advice about her treatment. They ended up giving her the exact medication I repeatedly asked them not to give her.”
On May 29, 2009, Rowe and Orbin attended the “Meet in the Middle” rally in support of marriage for same-sex couples in Fresno. After the couple completed a 14-mile march in 90 degree heat, Orbin, who suffers from epilepsy, collapsed in a seizure. The couple experienced hostility from the ambulance driver, but Rowe was ultimately allowed to accompany Orbin to Community Regional Medical Center in Fresno. However, when the couple got the hospital, the driver would not allow Rowe to accompany Orbin into the emergency room even though Orbin had been in and out of consciousness, and Rowe was familiar with her medical history and care.
Rowe repeatedly asked hospital employees to allow her to see Orbin and talk to a physician about her care but was refused. She volunteered to have Orbin’s legal paperwork naming Rowe as her health care agent faxed to the hospital but was told that it wouldn’t do any good. When she asked that she at least be allowed to pass along the message that Orbin not be given the drug Ativan, she was told the message would be conveyed. If the message was given to those treating Orbin, it was ignored because Orbin was given the drug, which she didn’t need and which causes her unnecessary pain. Meanwhile, when she was awake, Orbin was also asking to be allowed to see Rowe. Although they were both told that no visitors were allowed in the area where Orbin was being treated, other patients were receiving guests. After being separated for several hours, Orbin finally saw her doctor. She complained to him, and Rowe was eventually allowed to be with her.
“Until the California Supreme Court upheld Prop 8, Kristen and Teresa were planning to get married. In this climate, hospitals must be especially diligent to protect same-sex couples from discrimination,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “As these events so painfully demonstrate, no matter what hoops same-sex couples jump through to protect their relationships, these kinds of horrible things will continue to happen as long as couples are denied the recognition and respect that only comes with marriage.”
The letter sent by the ACLU and NCLR charges that it was a violation of state law for the hospital to discriminate against the couple based on their sexual orientation, as well as to refuse to recognize Rowe’s legal authority, which was authorized by Orbin’s advance health care directive. The letter also notes that hospitals must post and follow a patient’s bill of rights that bars discrimination based on sexual orientation and grants patients the ability to designate visitors of their choosing and to decide who is able to make emergency decision about their care. The letter urges Community Medical Centers immediately to affirm their commitment to inclusive and sensitive medical care for LGBT patients, and to take a number of steps to carry out that commitment.
“Discrimination in healthcare settings is still far too common for lesbian, gay, bisexual and transgender people,” said Jason Schneider, MD, President of the Gay and Lesbian Medical Association (GLMA). “No one is served when partners are barred from visitation and kept from participating in conversations about their loved one’s care. It’s bad for doctors who are kept from potentially life threatening information, it’s bad for partners who are left waiting hopelessly in the waiting rooms and it’s especially traumatic for patients who need the love and support that only their partners can provide to help them through health care emergencies.”
A copy of the letter, which gives the hospital until June 22nd to respond, is available at http://www.aclu.org/lgbt/discrim/39854res20090615.html.
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Needs of gay, transgender patients not adequately addressed
The healthcare industry is not adequately addressing the needs of gay, lesbian, bisexual and transgender patients, says an annual report from the Human Rights Campaign Foundation and the Gay and Lesbian Medical Association. Released for the third year in a row, the Healthcare Equality Index is a national report that sets benchmarks and highlights best practices and healthcare facility policies for lesbian, gay, bisexual and transgender Americans.
Based on responses to an online survey conducted from October through December 2008, the report addressed patient non-discrimination and visitation policies, cultural-competency training, recognition of legal documents between same-sex partners, and the protection of lesbian, gay, bisexual and transgender employees through fair employment policies. Responses came from 93 hospitals and 73 clinics across the country. See
Needs of gay, transgender patients not adequately addressed …
ModernHealthcare.com * Tags = gay men gay news lesbian news transgender bisexual
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How Hospitals Treat Same-Sex Couples
For same-sex couples, a ring and legal papers may not be enough to navigate the health system.
During a medical emergency, a patient’s husband, wife, parents or other family members often are close by, overseeing treatment, making medical decisions and keeping vigil at the bedside.
But what happens if the hospital won’t allow you to stay with your partner or child?
That’s the challenge many same-sex couples face during health care emergencies when hospital security personnel, administrators and even doctors and nurses exclude them from a patient’s room because they aren’t “real” family members. The issue is addressed in a new report from The Human Rights Campaign Foundation, a gay, lesbian, bisexual and transgender civil rights group, and the Gay and Lesbian Medical Association. The groups have created a Healthcare Equality Index for hospitals that focuses on five key areas: patient rights, visitation, decision-making, cultural competency training and employment policies and benefits.
This year, 166 facilities across the country agreed to participate in the report, about twice as many as last year. The group says nearly 75 percent of the hospitals have policies to protect their patients from discrimination on the basis of sexual orientation. However, sometimes the policies aren’t correctly implemented by hospital workers. Some examples of unfair treatment of gay couples cited by the group include:
- A Bakersfield, Calif., couple rushed their child to the emergency room with a 104 degree fever. The women were registered domestic partners, but the hospital only allowed the biological mother to stay with the child. Although hospitals typically allow both parents to stay with a child during treatment, in this case, the second parent was forced to stay in the waiting room.
- An Oregon man whose registered domestic partner was unconscious was told to leave the hospital room because it was time for family members to make decisions about his care. He was forced to plead his case before hospital administrators before being allowed to stay with his partner, who was dying.
- A woman from Washington collapsed while on vacation in Miami. Although her partner had an advanced health care directive, hospital officials told her she wasn’t a family member under Florida law. The woman spent hours talking with hospital administrators to prove that the document from her home state was, in fact, still valid in Florida. Although she eventually prevailed, her partner’s condition deteriorated and the woman died. Because of the problem, the children the patient had been raising with her partner weren’t able to see her before she died.
While heterosexual couples typically don’t have to provide marriage licenses to hospitals in order to prove they are husband and wife, same sex couples often must document their relationship to hospital officials before being allowed to take part in a partner’s care.
“There is a real disconnect between what might be a good written policy or state law and actual implementation of that policy or law,” said Ellen Kahn, family project director for the HRC. “If you’re presenting as two men in a couple and you say, ‘This is my partner. I’ll make medical decisions,’ you’re asked a lot of questions. Who is this person to you? Do you have legal documentation that verifies that? A parent, sister or nephew could have more rights under the law than a same-sex partner who has been together 20 years.”
Although many hospitals have improved their treatment of same-sex couples, partners are advised to keep legal documents close by in the event of a medical emergency. Friends should also have ready access to documents so they can fax or e-mail them if necessary.
For couples who don’t have documentation or are worried that their relationship might not be recognized during a medical emergency, the solution often is to pretend to be a sibling in order to ensure access to a partner.
“If you’re on the road and have a crisis, the word on the street is just say, ‘This is my sister,’ or ‘This is my brother,’ ” Ms. Kahn said. “Most people won’t raise an eyebrow about it unless you look very different. It’s sad that we have to think about that. Am I going to be better off saying this is my sister or this is my life partner?”
How Hospitals Treat Same-Sex Couples
May 12, 2009
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Healthcare industry lags in LGBT health issues
(Washington) The healthcare industry is failing LGBT patients, according to a report released Tuesday by the Human Rights Campaign and the Gay and Lesbian Medical Association.
The release of the third annual Healthcare Equality Index coincides with the annual observance of National Hospital Week.
“While many facilities are leading the way in …
Tags: Equality, Health Issues, Healthcare Industry, Human Rights Campaign, Leading The Way, Lesbian Medical Association, Lgbt Health, National Hospital Week, ObservanceGay & Lesbian Medical Association seeks new leader
he Gay & Lesbian Medical Association (GLMA) is the leading organization in North America committed to ensuring equality in health care for lesbian, gay, bisexual, and transgender (LGBT) individuals and health care professionals. Established in 1981, GLMA is a membership organization of multi-disciplinary health care professionals that achieves its goals by using medical expertise in professional education, public policy work, patient education and referrals, and the promotion of research. Headquartered in San Francisco, the organization has an annual budget of approximately $900,000 and employs 5 FTEs. Please visit www.glma.org for more information. See Gay & Lesbian Medical Association seeks new leader
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Gay & Lesbian Medical Association seeks new leader
he Gay & Lesbian Medical Association (GLMA) is the leading organization in North America committed to ensuring equality in health care for lesbian, gay, bisexual, and transgender (LGBT) individuals and health care professionals. Established in 1981, GLMA is a membership organization of multi-disciplinary health care professionals that achieves its goals by using medical expertise in professional education, public policy work, patient education and referrals, and the promotion of research. Headquartered in San Francisco, the organization has an annual budget of approximately $900,000 and employs 5 FTEs. Please visit www.glma.org for more information. See Gay & Lesbian Medical Association seeks new leader
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DiversityMBA Magazine ranks Kaiser Permanente No. 1 on annual list for Diverse Managers
OAKLAND, Calif — Kaiser Permanente’s long-standing commitment to diversity and inclusion has been recognized by DiversityMBA Magazine. The health care organization was ranked No. 1 in the publication’s fourth annual “50 Out Front for Diversity Leadership: Best Places for Diverse Managers to Work,” which will hit newsstands in April 2009.
“This award is a great acknowledgement of the priority Kaiser Permanente places on creating a workplace environment that is characterized by respect for the individual and a welcoming and inclusive atmosphere for our employees,” said Ronald Knox, senior vice president and chief diversity officer at Kaiser Foundation Health Plan, Inc.
Published quarterly, DiversityMBA Magazine’s aim is to serve the needs of multicultural professionals in corporate America, business students and entrepreneurs. In selecting the 2009 “50 Out Front Companies” the publication’s selection team expanded its research evaluations to include companies that implement intentional strategies based on accountability, strong inclusion practices and ongoing evaluation of retention/recruitment activities that allow and encourage managers of diverse backgrounds to excel and develop into leadership roles.
Today, Kaiser Permanente’s 181,000 employee and physician workforce is composed of 74 percent women and 56 percent people of color, mirroring and exceeding the racial, ethnic and gender composition of its health plan membership and the communities it serves. The organization has been recognized in the past year for corporate diversity leadership by several organizations and publications, including:
– DiversityInc - Top 50 Companies for Diversity (2008; 2007; 2006) — Human Rights Campaign Foundation & the Gay and Lesbian Medical Association - Healthcare Equality Index — Black Collegian Magazine - Top 100 Diversity Employers — DiversityMBA Magazine - Top 50 Companies (2009; 2008) — Asian Enterprise Magazine - Best Companies for Asian Americans (2008; 2007) — Workforce Management Magazine - Optimas Award (Ethical Category) — Latina Style Magazine - LS 50 — Human Rights Campaign - Corporate Equality Index (2008; 2007; 2006; 2005) — The California Diversity Council - DiversityFIRST Award — Gay and Lesbian Medical Association in association with Pfizer - GLMA Achievement Award
Kaiser Permanente’s commitment to workforce diversity is grounded in its Board of Directors - mandated National Diversity Agenda which also includes a focus on multicultural marketing and culturally competent care delivery - health care that acknowledges cultural and linguistic diversity in the clinical setting, respects members’ cultural beliefs and practices, and fully integrates cultural skills, knowledge and considerations into the total healthcare experience of our members. Through its Institute for Culturally Competent Care and Linguistic Programs, Kaiser Permanente has established “Centers of Excellence,” innovative clinical models that respond to the health and language needs of specific populations.
“Diversity is a core value of Kaiser Permanente, and we are delighted to be recognized as the No. 1 place to work by DiversityMBA Magazine. Our commitment to creating a workplace environment that embraces and utilizes the unique cultural expertise and attributes of each employee and physician enables us to better meet the health needs of our increasingly diverse membership, and gives us a distinct edge in the marketplace,” said Knox.
About Kaiser Permanente
Kaiser Permanente is America’s leading integrated health plan. Founded in 1945, the program is headquartered in Oakland, Calif. Kaiser Permanente serves 8.7 million members in nine states and the District of Columbia. Today it encompasses Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and their subsidiaries, and the Permanente Medical Groups. Nationwide, Kaiser Permanente includes approximately 167,000 technical, administrative and clerical employees and caregivers, and 14,000 physicians representing all specialties. The organization’s Labor Management Partnership is the largest such health care partnership in the United States. It governs how more than 130,000 workers, managers, physicians and dentists work together to make Kaiser Permanente the best place to receive care, and the best place to work. For more Kaiser Permanente news, visit the Kaiser Permanente News Center at: http://xnet.kp.org/newscenter* Tags = gay men gay news lesbian news transgender bisexual
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