Trump Administration Decision Makes LGBT People in Long-term Care Facilities More Vulnerable to Discrimination

The mission of Fenway Health is to enhance the wellbeing of the lesbian, gay, bisexual and transgender community and all people in our neighborhoods and beyond.

“The 2014 proposed rule was put in place to reduce the likelihood of…discrimination by explicitly detailing the rights of same-sex couples and the responsibilities of healthcare providers and administrators in recognizing them.”

This week, the Centers for Medicare & Medicaid Services (CMS) withdrew a proposed 2014 rule that would have required long-term care facilities such as nursing homes to recognize the marriages of patients and residents who are married to someone of the same sex.

“We have long known that lesbian, gay, bisexual, and transgender people experience high rates of discrimination in health care,” said Stephen L. Boswell, MD, FACP, President & CEO of Fenway Health. “For far too long, same-sex partners or spouses have been denied the right to visit their spouse in the hospital or denied decision-making responsibilities for their spouse. The 2014 proposed rule was put in place to reduce the likelihood of such discrimination by explicitly detailing the rights of same-sex couples and the responsibilities of healthcare providers and administrators in recognizing them.”

In withdrawing the rule, CMS Administrator Seema Verma noted that the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, which found that the marriages of same-sex couples must be recognized in all 50 states and not just the state in which the marriage was performed, made the proposed rule unnecessary. However, the Supreme Court has previously found that the practice of specifically naming the groups who are protected from discrimination is essential for a…

Article Source…

Leave a Reply

Your email address will not be published. Required fields are marked *