News
Post-DOMA rule proposed for hospice care, nursing homes
Administration seeks to ensure same-sex marriages recognized regardless of state of residence
The Centers for Medicare & Medicaid has proposed a new rule for hospice care and nursing homes. (Image public domain).
The Obama administration on Thursday announced a proposed rule that aims to ensure medical care for individuals in same-sex marriages — regardless of the state in which they live — following the Supreme Court decision against the Defense of Marriage Act.
The Centers for Medicare & Medicaid proposes the rule to change conditions for medical care providers and suppliers receiving support from Medicare and Medicaid, including hospitals and hospice care, as well as the requirements for long-term care facilities, or nursing homes.
The thrust of the proposed rule is to ensure same-sex marriages are recognized nationwide, even in states without marriage equality, for programs that in some aspects are administered by the states.
“This proposed rule addresses certain regulations governing Medicare and Medicaid participating providers and suppliers where current regulations look to state law in a matter that implicates (or may implicate) a marital relationship,” the rule states. “Our goal is to provide equal treatment to spouses, regardless of their sex, whenever the marriage was valid in the jurisdiction in which it was entered into, without regard to whether the marriage is also recognized in the state of residence or the jurisdiction in which the health care provider or supplier is located, and where the Medicare program explicitly or impliedly provides for specific treatment of spouses.”
The proposed rule, which can found here, is set for publication in the Federal Register on Friday. Once it’s published, comments must be received by 60 days to be assured consideration before the rule is made final.
Karen Loewy, senior attorney and seniors program strategist for the LGBT group Lambda Legal, said the proposed rules are “a very welcome development” and would “amend references to discriminatory state laws to provide equal treatment to spouses.”
“In practical terms, these changes will mean that a patient’s same-sex spouse will have the same right to access information, make decisions, and be part of admissions processes that a different-sex has in hospitals, hospice care, surgical care centers, long term care settings, labs, and community mental health centers that receive Medicare or Medicaid dollars, even when the laws of the state would not recognize their right to do so,” Loewy said. “These rules would provide important automatic protections for same-sex spouses, ensuring that a patient’s spouse gets to be by his or her side, be informed, and make those difficult decisions in vulnerable health care situations.”
In summary, the proposed rule seeks to established a same-sex spouse should be considered a person’s representative — regardless of state law — for the purposes for care from ambulatory surgical centers, hospice care, exercising a patient’s rights, informing patients of their rights, notification for laboratory services to screen blood and blood products for potentially infectious diseases like HIV and Hepatitis C, care in long-term facilities, pre-admission screening and resident review for long-term care, findings of these evaluations, care in Community Mental Health Centers and client rights at these facilities.
Mark Daley, a spokesperson for the National LGBTQ Task Force, said changes in proposed rule are “common-sense” and would help elders in the LGBT community ensure they receive equal care in medical facilities.
“These new policies help ensure that one of the most vulnerable populations in our country, LGBTQ elders, are able to access federal programs in the same way that non-LGBTQ people access programs,” Daley said. “This means ensuring that same-sex spouses will be treated exactly the same as different-sex spouses in programs like long-term care facilities, Hospice care, and hospitals. What this really means for LGBTQ folks is that same-sex spouses will be able to visit and make medical decisions on behalf of their spouse, just like different-sex couples. It means that LGBTQ elders will have legal rights in the health care context, regardless of whether your state continues to discriminate against you by refusing to recognize your marriage.”
After the Supreme Court decision against DOMA, the Centers for Medicare & Medicaid already issued guidance — once in September 2013 and again in May 2014 — to ensure same-sex marriages are recognized in determining eligibility for Medicaid and the Children’s Health Insurance Program. But the proposed rule says it’s needed because policies it addresses “are administered by different statutes and are administered by state Medicaid agencies and CMS.”
Sarah Warbelow, legal director for the Human Rights Campaign, said the proposed rule will help individuals in same-sex marriages in the medical care situations when they need assistance the most.
“When people are at their most vulnerable, from hospitals to hospice care to nursing homes, they need to know that their spouse will be fully informed, be able to help them make decisions, and be fully regarded as their spouse,” Warbelow said. “The rule proposed by the Centers for Medicare and Medicaid will help to ensure that the marriages of same-sex couples are treated equally regardless of where the couple lives.”
District of Columbia
Dive in: a guide to LGBTQ-friendly pools in D.C.
City offers plenty of places to cool off, sometimes with a cocktail
As the dog days of summer arrive in Washington, it seems only one thing is on everyone’s mind: Where are the pools? Fret not, the Washington Blade has compiled a list of places where D.C.’s LGBTQ community can wear a Speedo, splash around, and enjoy the summer.
Public Pools:
To gain access to any public pools in D.C., District residents must first obtain a free membership by creating an account with the D.C. Department of Parks and Recreation and presenting a valid photo ID at the pool. For more information on D.C. public pools, visit dpr.dc.gov/findapool.
Banneker Pool (2500 Georgia Ave NW): Popular with both young adults and families, Banneker Pool features a spacious outdoor swimming area complete with dedicated lap lanes for serious swimmers and a separate shallow kiddie pool designed for children’s safety and fun. The pool often hosts community swim events and is known for its vibrant, welcoming atmosphere.
Francis Pool (2435 N St NW): Located in the Foggy Bottom neighborhood, this outdoor pool is easily accessible via the Foggy Bottom-GWU Metro station. It offers two 25-yard lap lanes ideal for fitness swimmers and open swim times for casual visitors. Its central location makes it a convenient option for downtown residents and workers.
Volta Park Pool (1555 34th St NW): Nestled in the Georgetown neighborhood, Volta Park Pool is a smaller, cozy community pool favored by locals. Due to limited capacity, especially on busy summer days, early arrival is recommended to secure a spot. The pool provides a friendly and relaxed environment, perfect for a quick swim or cooling off on hot days.
Wilson Aquatic Center (4551 Fort Dr., N.W.): Recognized as one of D.C.’s premier indoor aquatic facilities, the Wilson Aquatic Center boasts a large 50-meter by 25-meter competition pool with diving boards suitable for swim meets and advanced training. The facility also includes a leisure pool for recreational swimming, a whirlpool spa, a spacious viewing gallery for spectators, and a multi-purpose room used for classes and community events. Conveniently located in Tenleytown, it is just steps away from the Tenleytown–AU Metro station.
Anacostia Pool (1800 Anacostia Drive SE): Set along the scenic banks of the Anacostia River, this pool offers a peaceful setting for swimmers. The facility provides a variety of programs throughout the summer, including swimming lessons for all ages, water aerobics classes, and other aquatic activities aimed at encouraging fitness and community engagement.
Kenilworth Pool (4321 Ord Street NE): Part of the newly renovated Kenilworth Recreation Center, this large outdoor pool is a centerpiece of the upgraded facility. It features ample swimming space for lap swimmers and recreational users alike, along with modern amenities and well-maintained grounds, making it a popular choice for residents in Northeast D.C.
Private Pools:
Vida Penthouse Pools; Multiple Locations — (1212 4th St., S.E.), (1612 U St., N.W.), (1845 Reston Row Plaza, Reston, Va.): This fitness club is where many in Washington’s LGBTQ community can be found kiki-ing on sunny weekends, sipping vodka lemonades. The pools offer a unique watering hole experience that can only be described as “Vida” — complete with a full bar and restaurant.
YMCA Anthony Bowen Pool (1325 W St., N.W.): Home to the first African-American chapter of the YMCA, this site features an indoor heated pool — ideal for lap swimming, aqua classes, and lessons.
Viceroy Hotel Pool (1430 Rhode Island Ave., N.W.): This D.C. hotel features a small rooftop pool in Logan Circle, open daily to hotel guests and “daycation” pass holders ($150 for a room from 7 a.m. to 7 p.m.), with public access after 7 p.m. Highlights include a full bar with frozen margaritas and the “Pink Pony Club” cocktail, as well as small bites.
Hedy’s Rooftop at Hotel Zena (1155 14th St., N.W.): Offering stunning Thomas Circle views, this rooftop pool and bar is open to hotel guests and locals, with $50 day passes and private cabanas starting at $500 for six people. Dive into poolside movie nights every Wednesday at 9 p.m. with popcorn and cocktails, plus enjoy summer bites. The bar is open Tuesday through Sunday, and the pool operates daily from 8 a.m. to 7 p.m., with service starting at noon.
National
Trump threatens Rosie O’Donnell’s citizenship
Comedian responds with post linking him to Epstein
Donald Trump threatened to revoke Rosie O’Donnell’s U.S. citizenship last weekend amid his administration’s pattern of targeting people with whom he has publicly disagreed.
The actress and comedian, known for her roles in major motion pictures like “A League of Their Own” and “Harriet the Spy,” was singled out by the president on his social media app Truth Social, where he called the lesbian entertainer a “Threat to Humanity.”
“Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship,” Trump also posted. “[She] should remain in the wonderful Country of Ireland, if they want her. GOD BLESS AMERICA!”
In response to the post—which reignites a decade-old feud between the two—O’Donnell shared a collage of photos from her time in Ireland, along with an old photo of Trump with convicted child sex offender Jeffrey Epstein.
“The president of the usa has always hated the fact that i see him for who he is – a criminal con man sexual abusing liar out to harm our nation to serve himself,” the former talk show host posted on Instagram. She continued, “this is why i moved to ireland – he is a dangerous old soulless man with dementia who lacks empathy compassion and basic humanity – i stand in direct opposition [to] all he represents – so do millions of others – u gonna deport all who stand against ur evil tendencies – ur a bad joke who cant form a coherent sentence.”
Trump’s threat is both irregular and constitutionally unsound. The Supreme Court has ruled over multiple decades that stripping someone of their citizenship violates the Constitution—and the 14th Amendment.
Three Supreme Court cases in particular—Trop v. Dulles (1958), Afroyim v. Rusk (1967), and Brandenburg v. Ohio (1969)—have all affirmed that once legally obtained, citizenship is not something that can simply be revoked, even if the president disagrees with what a person says or does. In Afroyim v. Rusk, the Supreme Court wrote: “In our country the people are sovereign and the Government cannot sever its relationship to the people by taking away their citizenship.”
This authoritarian threat echoes Trump’s broader efforts to undermine birthright citizenship, which has been a foundational part of the U.S. Constitution since the ratification of the 14th amendment.
Bolivia
Trans Bolivian Senate candidate hopes to make history
Luna Humérez running to represent La Paz Province
Luna Humérez has made history in Bolivia as the first transgender woman to run for a seat in the country’s Senate.
“We are making history, my candidacy is a bet on human rights,” Humérez told the Washington Blade.
She hopes to represent La Paz Province under the banner of SÚMATE, a center-left political movement that includes presidential candidate Manfred Reyes Villa.
“It is important to occupy these spaces and demonstrate that beyond our identity we have the capacity,” said Humérez.
With a trajectory of more than 15 years as an activist for trans rights in Bolivia, Humérez is not a new figure in the public arena. A lawyer by profession and president of the Organization of Transvestites, Transgender and Transsexual Women of Bolivia known by the acronym OTRAF, she has been one of the main promoters of a trans rights law in the country. Humérez is also the first trans woman in Bolivia to enter into a civil marriage after authorities legally recognized her gender identity.
Humérez is the founder of Casa Trans Pamela Valenzuela, a refuge and community center in La Paz.
Aware of the need to advance protections for sexual and gender diversities, Humérez has proposed a legislative platform that focuses on the control and effective enforcement of laws.
“Bolivia is full of laws, regulations that are obsolete, however they have a mandatory compliance,” she said, noting reforms should improve accessibility and respond to marginalized groups’ specific needs.
Humérez’s platform is “full rights for all, regardless of their sexual orientation and gender identity.”
Facing a campaign from a historically marginalized identity, Humérez recognizes the resistance, but also celebrates the support.
“My candidacy also speaks of the fact that there is a large number of Bolivians who have been left behind because of discriminatory bias,” she told the Blade. “I have so many anecdotes, which began with those who trusted me, among them are my sisters in struggle, human rights activists, political activists, animal activists, environmentalists, and others with whom we formed ties, mostly young people who also have the desire to take flight and change the country for the better. They are my other family and I am very grateful to them.”
Humérez proposes, in addition to a gender rights and diversity agenda, a platform with seven focuses — legal, political, economic, productive, social, moral, and territorial — and five immediate actions. These include:
- An “immediate injection” of $10 billion to stabilize the economy and create the flow of dollars
- Reestablish order throughout the country; guaranteeing freedom of protest without interfering in economic development
- Create one million “decent and well-paid jobs” that would allow “talented young people” to remain in the country
- “Act firmly” against corruption
- “Promote real authority for each department” that would decentralize the government
Regarding LGBTQ youth in Bolivia, the lawyer and activist envisions a future where “the freedom that every human being has to choose their sexual orientation and gender identity with equal opportunities must be guaranteed.”
“I notice that the youth today understood this, and now it is necessary to have spaces of accessibility and participation without any consideration,” said Humérez. “The State must guarantee through its instances this accessibility. We need a Bolivia that is more plural, inclusive and in brotherhood.”
Humérez concluded the interview by noting her family’s humble beginnings.
“I know what deprivation is and I know what it is like not to have enough bread to put in one’s mouth,” she said. “If my life has been to help as many people as possible, being in there I will be able to help much more. I am an example of overcoming and showing that anything is possible. Do not judge me by my identity, but by my capacity.”
The country’s general elections will take place on Aug. 17.
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