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Hospital that denied visitation rights to lesbian partner rescinds decision

Thursday, December 22, 2011

FRANKLIN, Tenn. — A Tennessee woman who was denied visitation rights with her lesbian partner at the Rolling Hills Psychiatric Hospital in Franklin has been allowed a special visit and will commence regular visits during hospital’s normal visitor’s day Sundays.

Val Burke said the staff at Rolling Hills Hospital had previously denied multiple requests by her to visit her partner, who is currently a patient in the hospital’s residential facility. Burke said that staff members excluded her from the room since she was not a legal spouse nor a family member.

“I went to visit her at the appropriate visiting time and was turned away,” she says. “We have been living together for three years now, but that didn’t matter to them either. The rest of her family is out of town, so she didn’t have any one visit her.”

Burke said she had previously been allowed visitation rights, but only with her partner’s mother in attendance.

The U.S. Department of Health and Human Services in September issued the rules for equal visitation and representation rights for LGBTQ persons.

The regulations require all hospitals participating in Medicaid and Medicare programs – virtually every hospital in the country – to permit patients to designate visitors of their choosing and prohibit discrimination in visitation based on a number of factors, including sexual orientation and gender identity.

Hospitals are also required to put their visitation policies in writing, including any “clinically necessary or reasonable restrictions” to visitation that may be appropriate.

Richard Bangert, chief executive officer of Rolling Hills called the visitation denial a “human error.”

“They made a mistake,” Bangert said. “When I learned of it, I immediately met with my staff on Monday. We immediately made the change in terms of making sure that our policy was very clear.”

The Human Rights Campaign and the Tennessee Equality Project called on all hospitals to review their policies and practices related to hospital visitation after the Rolling Hills incident was made public.

While noting that the incident at Rolling Hills Hospital has been resolved, both advocacy groups said that it serves as a reminder of the importance of hospital visitation rights for LGBT Americans.

“Rolling Hills Hospital fixed the problem immediately, but this serves as a reminder discrimination still exists in the health-care arena and we need to tackle it,” said Paul Guequierre, HRC spokesman.

Bangert said he plans to meet with Burke saying, “I will apologize and work with her directly,” he said. “I take it very personally. This is not representative of the hospital.”

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Filed under: Tennessee

10 more reader comments:

  1. Really? They had discriminated? I hate that so much. First, it’s none of their beeswax WHO decides who to love, but when one is ill, to deny them the right to be with their partner? It’s so messed up.

    Posted on Thursday, December 22, 2011 at 1:23pm
  2. Great! May all gays and others have visiting rights and plus at hospitals and elsewhere!! Merry Christmas! And hugs! from:

    Posted on Thursday, December 22, 2011 at 1:29pm
  3. It should be more than just a Sunday. What happens if it’s the day after and something happens and they won’t let you in?

    Posted on Thursday, December 22, 2011 at 2:10pm
  4. It’s wrong yes but she coulda stuck to say I’m her best friends just saying

    Posted on Thursday, December 22, 2011 at 2:43pm
  5. wow

    Posted on Thursday, December 22, 2011 at 2:57pm
  6. This is why it is important to have POA in states that do not recognize same sex partners.

    Posted on Thursday, December 22, 2011 at 2:57pm
  7. As well they should!

    Posted on Thursday, December 22, 2011 at 3:18pm
  8. And why should she have to do that exactly?? If she’s this persons “partner” then she needs to be treated and respected as such! No ifs, ands, or buts about it!

    Posted on Thursday, December 22, 2011 at 4:48pm
  9. this MAY not be a discrimination case…before my mom married my dad, the hospital wouldn’t allow her and I in to see him because they weren’t married, and although I was his biological child I was too young to go back there without an adult. They had been together faithfully under the same roof for 10 years..

    Even on the slight chance that the case in this article isn’t discrimination, the old policy of “legal spouse or family” is poorly thought out/just plain dumb.

    Posted on Friday, December 23, 2011 at 10:19am
  10. @Sherry

    Read the link in the article above where it states that any hospital that accept Medicare/Medicade funding to allow full visitation rights to unmarried LGBT partners. This was released just this year, and it seems like the director of the facility knew about it. That’s why he took swift action to resolve the conflict.

    Posted on Friday, December 23, 2011 at 12:30pm