Health Laws Impact LGBT Folks
A panel of experts representing perspectives from across the industry will present an assessment of the new federal healthcare reform law, FMLA [Family and Medical Leave Act], Advance Directives and Health Care Decision Making, and Hospital Visitation and Consent to Treatment for Minors and will discuss the impact of these laws on the LGBT community.
Much of this information will also apply to other non-traditional families.
This program will serve healthcare providers and their attorneys who need to be aware of the unique characteristics and challenges of LGBT individuals and families, as well as other nontraditional families, in the healthcare setting.LGBT (lesbian, gay, bisexual, and transgender) folks, or individuals in "non-traditional" families, have drawn greater attention during the past twenty years. In the healthcare delivery and decision-making settings, their personal expectations and interpersonal relationships often become ignored or overridden by application of statutes that grant "default" rights to others, defined by bloodline or traditional legal relationships.
Awareness, forethought, and implementation are recommended for LGBT folks, their families, and their attorneys to overcome such hurdles. Absent attention, planning, and documentation, an unwanted, unnecessary crisis might result.
On June 19, 2012, the federal Health and Human Services Department, through its LGBT Issues Coordinating Committee, issued its 2012 Report, entitled "Improving LGBT Health" (PDF form). Its introduction repeated a national philosophy:
It’s at the heart of the American dream: the belief that if you work hard, if you're responsible in your community, if you take care of your family, then that’s how you should be judged. Not by what you look like, not by how you worship, not by where you come from, and not by whom you love.
This belief means ensuring that LGBT Americans have the same protections and opportunities as their neighbors, colleagues, and family members. And over the last three years, this Administration has undertaken a broad agenda to do just that.”That report highlighted two concerns, which should be addressed under Pennsylvania law at the ACBA's program:
Of critical importance for LGBT advocates is the CMS position on medical decision-making, allowing LGBT couples greater flexibility to make care decisions for their loved ones.
Similarly, it is important that LGBT patients and their families are more recognized in health care service delivery environments and approaches, including the development of a culturally competent service standard to be followed by healthcare professionals and organizations. * * *The presenters at the ACBA program will be:
- Robert Wolf, Esq. (Advance Directives, POLST, Healthcare Decision Making) Tener, Van Kirk, Wolf & Moore, PC;
- Elisabeth J. Poggi, Esq. (Advance Directives, POLST, Healthcare Decision Making) Buchanan Ingersoll & Rooney PC;
- Sheryl Kashuba, Esq. (Hospital Visitation and Consent to Treatment for Minors) UPMC Health Plan;
- Vikram Mangalmurti, Esq. (Accountable Care Act) VP Highmark Office of Healthcare Reform; and
- Mark Phillis, Esq. (Family and Medical Leave Act) Littler Mendelson, PC
For ACBA members, the cost is $25, and for others, $60. Registrations can be made online through the ACBA.
