Legislation & Policy
Federal Hospital Visitation Rule
The National Center for Lesbian Rights was a lead partner with the Department of Health and Human Services (HHS) on the development of the administration’s historic Hospital Visitation Rule. The Rule came at the direction of President Obama who urged HHS to identify ways to protect the hospital visitation rights of all patients through policy change. NCLR worked closely with HHS on the final rule, which guarantees equal treatment in hospital visitation to all patients and their loved ones regardless of sexual orientation, gender identity, biological relationship, or marital status. Subsequent to the introduction of that Rule in 2011, we have worked closely with HHS on implementation. We co-hosted a webinar with HHS, which provided education on the impact of the Rule and “Best Practices‚” for working with the LGBTQ community. We continue to work with HHS to clarify that this Rule also applies to nursing homes and hospice facilities.
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Adams v. Federal Bureau of Prisons
- Racial & Economic Justice
- Racial & Economic Justice > Criminalization & Incarceration
- Discrimination
- Discrimination > Healthcare
Vanessa Adams is a transgender woman who was diagnosed by Federal Bureau of Prison (BOP) medical professionals with Gender Identity Disorder (GID) in 2005 while she was incarcerated in a BOP prison. Over the next few years, she made at least 19 written requests asking for medical treatment for GID. The BOP denied all of her requests outright based on its so-called “freeze frame” policy in which treatment for any person with GID is kept frozen at the level provided at the time he or she entered BOP custody. In Ms. Adams’ case, this meant that because she had not received treatment for GID before being incarcerated, BOP would not provide her with medically necessary care even though its own doctors diagnosed her with GID, told her about treatments available for GID, and knew about the seriousness of her medical condition. As a result of these denials of treatment, Ms. Adams attempted suicide multiple times and engaged in other avenues of self- treatment in an attempt to live more consistently with her gender identity.
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FAQ: Federal Hospital Visitation Rules
Resources & Publications
FAQ: Federal Rules on Who Can Make Medical Decisions for You
Resources & Publications
Navigating the System: A Know-Your-Rights Guide for Lesbian, Gay, Bisexual, and Transgender Elders in California
Resources & Publications
Asserting Choice: Health Care, Housing, and Property—Planning for Lesbian, Gay, Bisexual, and Transgender Older Adults
Resources & Publications
Cómo Navegar el Sistema: Una guía para conocer sus derechos diseñada para las personas lesbianas, gay, bisexual y transgéneras de tercera edad en California
Cases & Advocacy
Gammett v. Idaho State Board of Corrections
- Racial & Economic Justice
- Racial & Economic Justice > Criminalization & Incarceration
- Discrimination
- Discrimination > Healthcare
While incarcerated in Idaho, Jenniffer Spencer, a transgender woman, made 75 requests for treatment for her gender identity disorder (GID), but the Idaho Department of Corrections (IDOC) failed to provide her with any appropriate care.
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Jones v. San Joaquin Community Hospital
- Relationships & Family
- Relationships & Family > Parenting
- Discrimination
- Discrimination > Healthcare
When Donna and Sharolyn brought their 9-year old daughter to the emergency room, hospital staff refused to honor the daughter’s request to have both mothers with her and even physically blocked Donna and Sharolyn from trading places so that Donna could comfort their daughter.
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Greene v. County of Sonoma
Greene and Scull lived together for 20 years and had executed both mutual powers of attorney for medical and financial decisions and wills naming each other as beneficiaries. In April 2008, County employees separated the couple after Scull fell outside their shared home. In the next three months, County officials ignored the couple’s legal documentation, unlawfully auctioned their possessions, terminated their lease, and forced Greene into an assisted living facility against his will.
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