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. […]
[…] need to be made quickly. So if your friend brings you to the emergency room, the medical staff can share information with that person about your immediate medical condition. They will not; however, allow your friend […]
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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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