Medical Decision Making

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Overview

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.

To receive credit in the HEI:

This subsection of the Patient Services and Support Criteria includes 3 of the 18 scored best practices.

Scored best practices include:

  • Facility explicitly informs patients of their right to designate any person of their choice, including an unmarried partner, as medical decision-maker
  • Staff training is provided specifically about medical decision-making that includes LGBTQ+ specific information
  • Facility has 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

HEI Scored Questions