Hospital visitation rights: family members and partners
When you’re hospitalized, a few important questions come up. What are my hospital visitation rights? Who is allowed to visit me in the hospital? Who can make medical decisions for me when I’m unable to? Over the years, laws have changed and been updated so we want to highlight what you can expect during a hospitalization.
What are my hospital visitation rights?
Since 2011, federal regulations requires any hospital accepting Medicare and Medicaid to allow patients to say who they want as visitors. And this includes the majority of hospitals. The patient’s wishes must be respected regardless of gender, sexual orientation, or relationship. General hospital rules regarding visiting hours will be enforced. However, the enforcement will not discriminate according to relationship.
In addition, if you’re a hospital patient, you may choose someone to act as your advocate. This person can ask questions, speak to doctors on your behalf, and generally become part of your care team.
When do hospital visitation rights get blurry?
Confusion can still come up if you are hospitalized and unable to communicate. And you do not have any signed documents on file with your physician or primary care provider. This can be especially problematic if you don’t have a trusted family member who will show up and make medical decisions on your behalf. Without you being able to make this decision, state rules vary about who can make medical decisions for you. This role may be limited to people related to you by legal marriage or blood, depending on your state’s policies.
Furthermore, under the HIPAA Privacy Rule, if you are unable to give consent, providers can use their judgment regarding who they share your information with. And they do not have to share it with any specific person.
As a patient, what legal documents do I need to protect my rights?
You will need to draw up a Medical Power of Attorney or Health Care Proxy. This allows you to designate an advocate (or two) to make medical decisions on your behalf when you’re unable to. You can also revoke this document at any time, and it only applies in instances where you are incapacitated. It’s also helpful to create an Advance Directive. This includes your personal health care wishes that you want that person to base their decisions on. Rules for these documents differ between states, and you can look up your state’s forms here.
The rules surrounding medical care are complex and shifting but many of today’s laws work on behalf of supporting the patient’s wishes. Our Consumer Advocates are always available to help you understand your rights regarding healthcare coverage as well as general health policies.
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We also created a FREE guide that breaks down each of these terms. Grab it here and save to your computer for future reference.
[…] Bring an advocate with you to the hospital. Ask that person to have an ongoing conversation with your insurance plan and hospital personnel when you’re unable to do so yourself. […]
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My significant other’s wishes were adhered to in the hospice as long as she was alert and conscious. When she became un-alert and semi-conscious her family banned me from visiting her. She died in the hospice a week later and I was told I would be arrested if I attended her funeral. The family was angry that she started dating (me) after her husband died and did not want to provide child care for her family’s grandchildren, as she and her husband had done for several years. This occurred in a large Catholic hospital with chaplains and social workers on hospice staff. Before she entered the hospice I and visiting nurses cared for her at home. Beware of vindictive and malicious family members. Hospital staffs do whatever they request, you are just a nuisance as the long time friend.
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Dose anyone no a lawyer cuz lawyer I call at malpractice n need something bad to happen. Frist like an injery they not letting me or my mom visit do to his condition now he told them they can talk to me n my mom about what’s rong he’s is a drug addict but he’s there for amonna we were seeing him for 4 days now no one aloud to come they thretin to have me arested for trust passing but u still can walk into his room so I do so there not keeping him safe the drug dealer still going to walk in it’s just my mom wwho respect there rules when I go up they not giving him his meds for he’s sugger a few times already we came n he has not eat because they didn’t bring it or never gave him his inclin so he won’t eat I need help finding a lawyer in new York City for visit in hospital not family Court
my fried has a son , who is in the hospital (NJ) he is 28
has no children of his own and NO spouse… he isher only child .. no they wont let his mother come visit because she not his spouse … discrimination?????
My wife is in the hospital and its gonna be a few days before she gets out .she has pancreatitis and is in need of plasma .as her husband they say I cant be with her..she is terrified to be alone throught this due to the covid there is a no visitor rule…is this legal?
Sorry to hear about your wife! There are extenuating circumstances right now, so many hospitals have temporarily removed visitation rights. It is legal.
why couldnt they wheel th patient down to th lobby in a wheel chair? my wife had a touchup surgery from a bk amputation, shes fine, sitting up arguing w th nurses lol, nothing stopping her from moving around, theyr waiting for test results of infections. told us maybe 1 overnight, turns out definitely, thn 2, now 3 more. no answers being answered directly, neither surgeon or infection specialists know wtf to do. shes scared sh*tless n panicking. theyr worried her bp is going up higher n higher- they clueless n thinking of more meds… i mentioned bring her to me in th lobby for 5minutes n see th instant changes… we are a cpl days away from green phase, they wont budge! im ready to drive my truck through th building!
That sounds really tough! It sounds like these restrictions will be cleared soon in your state.
Wondering if the hospital is allowed to deny my mother being with me in the hospital during the delivery of my first child since she is blood. This shouldn’t be a concern however lately it has been! And what can I do to ensure my patient rights are respected?
A lot of hospitals are not allowing visitors because of the risks of COVID-19. You’ll have to talk to the hospital about this.
Trust and believe me I will and if they don’t my family will be forcing our way in you can not refuse me service or I’ll sue their whole organization for slander and for grievance pay
In general covid put aside can a spouse decide who can visit the other spouse at the hospital?
It’s up to the patient to determine who can visit them at the hospital. But a patient may choose someone to act as their advocate. This person can ask questions, speak to doctors on your behalf, and generally become part of your care team.
So my husbands father was murdered when he was 14 the only parent he has left is his mother she only has a week to live drive from Canada to California and the tell him they already made the exception for his half sister so he can’t go in and say his good bye know tell me if this is some bull…. I his wife am a nurse I understand the COVID stuff but this is immediate family same blood and you can’t let one and not the other unless you want siblings fighting when they should be their for each other tell me if this isn’t WRONG
The hospital rules right now are really tough for a lot of people. Many hospitals are only allowing one visitor total. I’m sorry for your situation, and I recommend you speak to the hospital about this.