Demand LGBT Inclusive Health Care Reform

Please sign this petition by the Stonewall Democrats to our party leaders - Speaker Pelosi, DCCC Chair Rep. Van Hollen, Sen. Reid and DSCC Chair Sen. Menendez - demanding comprehensive and LGBT-inclusive health care reform.

Private studies have shown that there exist disparities in health, health care access, and health care outcomes between the general population and LGBT people and families. Employment discrimination and lack of government recognition of same-sex relationships both contribute to these disparities.

The health care reform bill must include LGBT-inclusive policies, and in particular, data collection about the relationship between sexual orientation and gender identity and health care access.

Healthcare Equality Index 2009

The annual Healthcare Equality Index has been released by the Human Rights Campaign in conjunction with the Gay and Lesbian Medical Association and shows the healthcare industry lags in addressing the needs of lesbian, gay, bisexual, and transgender patients.

Key findings:

Anti-Discrimination Policies. Less than seven percent of participating facilities protect patients from discrimination based on gender identity, while nearly three-quarters of participants provide these protections based on sexual orientation

Visitation Policies. The HEI survey has identified model visitation policies that are explicitly inclusive of the LGBT community. These model policies will set the standard for credit on these questions in the future.

Advance Healthcare Directives. All HEI-participating facilities have compliance policies requiring the honoring of legally-valid advance healthcare directives. Unfortunately, LGBT individuals come forward with tragic stories of hospitals failing to recognize these directives, reflecting a disconnect between the existence of written policies and the actual implementation of these policies on the part of all personnel. Future HEI surveys will focus on staff training related to advance healthcare directives as a means to eliminating this disconnect.

Cultural Competency Training. Seventy-two percent of participating facilities provide cultural competency training addressing sexual orientation and healthcare issues relevant to lesbian, gay and bisexual community. Seventy-one percent of participating facilities provide cultural competency training addressing gender identity and healthcare issues relevant to transgender community.

Employment Non-Discrimination Policies. Ninety-eight percent of the participating facilities bar employment discrimination based on sexual orientation, while only 63 percent of those policies include “gender identity or expression” or “gender identity.”

The full report can be viewed here.

TAKE ACTION: Urge the Obama Administration to Rescind the Harmful “Provider Conscience” Regulations.

In the final days of the Bush Administration, harmful regulations that could limit LGBT patients’ access to health care services were rushed through the Department of Health and Human Services (“HHS”). The regulations purport to interpret federal law to allow a health care provider to refuse to provide any health care service or information for a religious or moral reason. These regulations could impair LGBT patients’ access to care services if interpreted to permit providers to choose patients based upon sexual orientation, gender identity or family structure.

Now, the Obama Administration is considering rescinding these regulations and we need everyone to speak out. HRC fought enactment of these regulations and has asked the Administration to rescind these regulations in their entirety.

The Department of Health and Human Services has issued a “proposed rule” that would rescind these harmful regulations. The next step in the rule making process is allowing for public comment. We are encouraging HRC members and supporters to tell HHS that a patient’s access to health care services should not depend on their sexual orientation or gender identity. The public can submit their comments to HHS through April 9 by emailing proposedrescission@hhs.gov

TAKE ACTION: Cut and paste the text of the letter below into an MS Word document (.doc) and email it as an attachment to proposedrescission@hhs.gov.

Here is a sample letter:

March, 2009

Office of Public Health and Science
Department of Health and Human Services
Attention: Rescission Proposal Comments
Hubert H. Humphrey Building
200 Independence Avenue, S.W.
Room 716G
Washington, DC 20201

Thank you for the opportunity to provide comments to the Department of Health and Human Service’s Notice of Proposed Rulemaking (“NPRM”) with regard to rescission of the “Provider Conscience Regulation.” I support the right of all people to access health services without discrimination. Because these regulations could interfere with access to health care and promote discrimination against the very patients that federal funds are meant to serve, I urge the Department of Health and Human Services to rescind these regulations in their entirety.

I am concerned these regulations could limit the LGBT community’s access to services. The regulations state that the existing religious refusal clause allows a health care provider to refuse to assist in the performance of any service with which they have a religious or moral objection. Creating such a blanket right to refuse could severely impair the LGBT community’s ability to obtain health services.

Furthermore, the regulations do not require that patients are informed of their treatment options. Under the regulations, a doctor may refuse to administer an HIV test to a patient because he is gay. In fact, the doctor could not only refuse this service, but decline to tell the patient where he would be able to obtain testing. Clearly, this puts the health of the patient, and potentially that of others, at risk. The regulations allow counselors to refuse to counsel same-sex couples or a pharmacist to refuse to fill a prescription for hormone replacement therapy for a transgender customer.

The regulations clarify that any entity that receives HHS funding must allow this exemption. The regulations cover hundreds of hospitals, universities and public health programs serving millions of citizens across the fifty states. As a result, they preempt state and local anti-discrimination laws. They also preempt individual employer policies protecting against non-discrimination. Consequently, patients could not be guaranteed access to health care.

Protecting the free exercise of one’s personal religious beliefs is an important public policy goal. However, no American should face discrimination in the healthcare system simply because of his or her sexual orientation or gender identity. Because these regulations tip the balance away from patients’ access to health services, I urge HHS to rescind the regulations in their entirety.

Sincerely,

(Name)

Organization Spotlight: Gay Lesbian Medical Association

GLMA's mission is to ensure equality in health care for lesbian, gay, bisexual and transgender individuals and health care providers.

Web Spotlight: The Mautner Project

The Mautner Project improves the health of lesbians, bisexual, and transgender women who partner with women, and their families, through advocacy, education, research, and direct service. We envision a healthcare system that is guided by social justice and responsive to the needs of all people.

World Aids Day (12-1-08)

World Aids Day is observed every December 1st. The AIDS epidemic has killed more than 25 million people around the world, including many dear and beloved members of our queer community. In addition an estimated 33 million people are living and suffering with HIV worldwide. Many lives have been claimed, many have been affected, and many people remain in the dark and do not know their status.

Click here for a national listing of HIV & STD testing resources.

It is vital to get tested regularly to ensure that you are not HIV positive, this very serious disease poses a risk not only to yourself but also to potential partners. It only takes one time to get the illness and there is no cure. Regardless of ones status it is imperative to always use protection.

HIV can be transmitted through anal, vaginal, and oral sex, and through the use of dirty and/or used needles. HIV can be transmitted through blood, semen, vaginal secretions, pre-ejaculate, and breast milk.

Please always make sure to use protection, via condoms, female condoms, and dental dams for oral-genital contact. No question is ever too stupid when it comes to dealing with sexual health, and please visit AVERT for comprehensive information on HIV/AIDS for specific countries, sexuality, and more.

On this day let us contemplate the millions of lives who have been and are currently affected by HIV/AIDS. Please use protection, educate yourself and educate others!

Stay safe, and please feel free to use the comment section to ask any questions, we are all here to help one another and no question can be deemed invalid when it comes to our sexual health.

Hospital Visitation Rights Petition

Janice Langbehn and Lisa Pond were ready to depart on a family cruise with their children when tragedy struck. Lisa collapsed and was rushed to a Miami hospital. At the hospital, Janice was told she was in an antigay state and kept from seeing her partner of 20 years. Lisa lay dying alone with her family just feet away in the next room.

We're suing the hospital on Janice's behalf. We're also calling on the next President of the United States to create a health care plan that ensures fair treatment for LGBT people and people with HIV in hospitals and health care settings.

Help Lambda Legal get 10,000 signatures on the petition!

Sign the petition for all the Janice's and Lisa's in the world!