This section of the survey is designed to familiarize your organization with best practices, from The Joint Commission and other sources, related to medical decision-making for LGBTQ+ patients. Unfortunately, healthcare organizations have sometimes failed to honor LGBTQ+ patients’ right to designate the person of their choice, including a same-sex partner, to make medical decisions on their behalf should they become incapacitated, even when legally valid medical decision-making documents have been presented. To prevent these failures, it’s important that employee trainings related to medical decision-making affirm that LGBTQ+ patients have the same rights in this regard as all other patients. As noted by CMS in 2011, regulations were designed to make it easier for family members, including same-sex partners, to make informed care decisions for incapacitated loved ones.
This subsection of the Patient Services and Support Criteria includes 3 of the 18 scored best practices.
Scored best practices include:
To receive credit, your facility must:
Describe how your organization informs patients of these rights and upload supporting documentation.
More information:
Examples:
To receive credit, your facility must:
Provide a written description of how the training is LGBTQ+ inclusive and upload supporting documentation (slides from training, etc.).
More information:
Healthcare facilities should provide training modules to staff that are specifically tailored to the special case of advance healthcare directives and same-sex couples. These training modules should make explicit mention of LGBTQ+ individuals and detail the unique consequences that can result from a failure to recognize the advance healthcare directive of a same-sex couple. The training modules should reiterate the staff’s duty to follow all applicable state and federal advance healthcare directive law, especially in the areas of reciprocity, presumptive validity, and the definition of designated agents.
Examples:
To receive credit, your facility must:
Have a policy or official practices related to the treatment of intersex children that delays medically unnecessary procedures until the patient is old enough to make an informed decision.
Intersex is an umbrella term that refers to the approximately 0.5 to 1.7 percent of the population born with variations in sex characteristics such as chromosomes, gonads, and/or genitals that vary from what is considered typical. Non-medically necessary procedures intended to change genital appearance and reproductive anatomy to fit arbitrary norms are frequently performed on intersex children before the child can have a voice in the matter and make an informed decision.
More information:
Examples: