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.
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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.
My son-in-law, who is still vindictive and malicious had hospitals ban me from visiting my daughter even when she could talk and communicate herself. He threatened her that he would stop seeing and caring for her if she said I could visit. The hospital carried out all of his wishes. If it had not been for my insistence on visiting anyway, she would have died alone.
I am having similar issues. My sister suffered an Aneurysm and her memory has been foggy since, going to be a long recovery and her husband is being a complete a**. He is, “the husband”, far from the sharpest tool in the shed. He’s always been a little to insecure and involved in all aspects of her life, she can’t even have a conversation on the phone without him inserting himself. He’s not liked by most that meet him, one neighbor told me, “he thinks he’s the king of the block.” Even his own family has had issues, son went as far as changing last name to disassociate himself from him but here we are with him making all her decisions. I truly think my sister has stayed because she feels sorry for him, she definitely can and did do better in the past. But this fool is also trying to control everything and me and my mom are jumping through hoops to prevent from getting banned. I pray my sister recovers 100% because all his actions might be the straw that broke her back. 🤞🏽 He’s gone as far as preventing us from maintaining my sister’s bills because he can handle it, then turns around and creates a go fund me page 😡 using my sisters name and image. Praying that he doesn’t ever gain the power to have us banned, I worry about her care under his authority.
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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?????
That’s crazy.
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.
No, it is not legal. Those are policies. There are laws that protect patients and loved ones from those cruel, unfair policies.
you need to sue them for that. NO Doctor has a right to bar you from your wife, NO DOCTOR AT ALL! If that were my wife i’d be dragging them to federal court. It doesn’t matter WHAT your wife is giong through, You have EVERY RIGHT To see her in the medical system. REGARDLESS!
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.
My partner of 25 years suffered a stroke. He at his best REVOKED his mother of all powers of ATTORNEY had it notarized and sent by mail to the hospital banks and one to her. This was well documented to every party involed. I as his partner began making all the best medical decisions for him. The doctors were gonna let him die but I signed the papers and he had surgery is still alive today. His mother is a genuine NARCISSISTIC behavior. My partner would have lucid phases. At times wasn’t sure reality from floating tables. Anyhow his mother closed his bank accounts took possession of the home we shared. Convinced one nurse she was his agent showing a 5 year old power of attorney. And will not tell no family or friends where she put him. She will not discuss it. I fear for him. She was revoked. What can I do. It’s been 6 months and I’ve tried everything to find him. She’s the only one. And she’s 92. Help!!! I love him
My boyfriend of 8 years was admitted into hospital 23 days ago, and has some confusion and disorientation at times. I would visit him at lunch and dinner to bring him food and feed him if he was hungry and give him some company. They can’t find his glasses and can’t watch TV because his bed obstructs his view, who wouldn’t be disorientated. Yesterday the Dr came in and told me that I wasn’t allowed to visit him or receive updates anymore because I am not married to him and his brother is the next of kin and removed me from the visiting list. I was verbally attacked in the hospital parking lot by his brother confronted with lies about me. How I was responsible for his condition and then verbally and physically attacked by his mother with a cane, one hit to my side. My partner knows I am there and definately would want me to visit. What are my rights? Is he able to say that he wants me to visit? And if he does can I?
If your partner can communicate, he can let them now he wants you to visit. 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. 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.
So if my partner brings me to the ER do I have the right to share only certain medical issues with her from the Doctors?
Yes, you are under no legal obligation to share your medical issues with her and your doctors are not obligated to share any medical information about you with her either.
Hello can anyone tell me if it is illegal to not allow the family of a possibly dying persons (24 hours to live) not be able to visit? Said it was my wishes and that I told my co- Ordinator I didn’t want to see anyone. Lie !!!!! thank Goodness everything turned out well, I am so mad and wondering if a violation of the law was committed. Transplant went very well but I spent most of the time by myself 🙂 made as hell.
TT
So a month ago my dad passed away in the hospital from covid/pneumonia. During his whole stay no one at all was allowed to see him, even when he was in ICU contained in a room with glass. The day that he died my family was allowed to see him through the glass after he had passed. This makes no sense to me at all. Should I take legal action???
Due to COVID-19, there are legal rules like this in place to reduce spread within hospitals to those who are sick or immunocompromised. Sorry for your loss.
It is happening to us right now. At a Pittsburgh VA hospital.
My son in law is dying with ards. HVH wont allow family to come and go one at a time to visit. he could die tonight. Charge Nurses should kind and gentle. I know I was a nurse for m40 years.
I’m very sorry to hear that.
My 89 year old Father was recently taken to the ER by ambulance. We instructed them not to admit him until we got there and discussed it. They were supposed to meet up with another ambulance to do an EKG and discuss the results with us. My Mother has MPA over my Father. He suffers extreme PTSD, Anxiety, and Clastrophobia. He also has coherency issues. To further complicate things he is unable to sleep in a bed for the past 12 years and has been confined to a medical recliner and power chair.
When we arrived at the hospital we told them that Mom had an MPA and that he had PTSD, Anxiety, etc….. They said doe to Covid she couldn’t go back. We mentioned again that we needed to speak with charge nurse so that we could relay everything. After waiting 45 minutes a Dr. called to ask questions and probably new less than a 1st year nurse. The questions were ridiculous. We again relayed the PTSD etc. and specifically the MPA. We also told him he was overdue to for his anxiety meds. To no avail in speaking with someone. In the interim we find out later they were forcing him down on a bed holding him down and somewhere along the lines infected him with something to calm him down apparently. He was highly agitated and finally 10 hours later after he had been transferred to an “Observation Room” a floor nurse called to say he was super riled up and if Mom could come down. This is our first conversation with someone at the hospital since the Doctor. 9 hours prior. He at this point is over 13 hours past his needed anxiety and pain meds for his back. Once we got there he looked like he had been beat up. We convince them to let him go after a the blood work finally came back and a Dr. Cleared him. By 12:30 am he was released. Set him back multiple years on control of the PTSD barely sleeps and is agitated most of the time. Also, he never agreed to be admitted and asked several times
My question is relatively simple. At what point does the hospital have to acknowledge the MPA and ask the family for supporting information that could help in the treatment and explain excessive agitation, yelps of pain, etc.. If they had only talked to us even by phone we could have relayed this additional information on his back etc. Again, we did tell the Dr. but I think he was too busy to pay attention and listen.
We spoke tot the Patient Advocate (Hospital employee ) and they of course said their investigation said they followed all guidelines. We asked why they didn’t even come out or call to get background information and we got “Crickets” then is there anything else.
Thanks for any helpful information on what our possible courses of actions are.
Hello,
My father was admitted to a local hospital on Saturday night after experiencing a week-long manic episode that escalated to him not sleeping or eating. He was transferred yesterday to an inpatient psychiatric facility in a neighboring city. He does not have his cell phone. My sister, uncle and I have tried calling the hospital to talk to him, but keep being told we have to have a pin (no one in our family has this pin, despite all three of us being given clearance to receive his medical information at the previous hospital). I was told tonight that my dad has to call someone and give them the pin. However, when I asked what happens if he isn’t cognitively healthy enough to call someone, she started repeating “I can’t confirm or deny if he’s here.” I asked if he will be prompted each day to call someone and she again said “I can’t confirm or…” My question for you is what we are supposed to do if he is unable to make the decision to call someone. I was also told there are no visiting hours. So, we have no idea what is happening to him, what state he is in (mentally or physically), how long he will be there, if he’s being treated, etc. Is there anything we can do? Thank you.
I am in the same boat as all who posted. I didn’t ask to get sick, my taxes help support these hospitals etc, but to be scared,lying in a bed knocking at heavens door and to be told sorry sir you are denied any contact with the people who actually love you. You think they could double designate a hospital to COVID patients and give a designated family member the same protection as the medical stafff have. It’s quite obvious this COVID pandemic isn’t as bad as they say it is as I know from personal experience That these icu nurses are allowed to go home with no restrictions and go about mingling with the general public etc. mean while a 1 family number is a risk but not the 1,000’s of medical staff in and out. So why not put patients and staff with COVID in 1 hospital or 2 and have dyeing/ sick people the last few days etc with their loved one designated etc. may god forgive the people who neglect to see that patients are imprisoned from their life as their only crime was getting sick and these medical decision makers play god with no regard to a human need of love from their family
My father is in a care facility after an aneurysm. His wife has banned all FaceTime and visiting from my sister and myself. She allows FT and visiting my other siblings. She also said before Christmas she would take him Off life support. She did not she uses my father to control.
The care facility said we can only do FT with a password. However she calls the facility to know who has called.
We always had a good and caring relationship with my father. I live in another country and FT was the only way to visit him— also with Covid situation.
Is there any transparent Legal Help for helpless situations? Apparently we need to see a judge.
My boyfriend is in the process of getting a divorced unfortunately he is in CCU on a ventilator, and she made a restriction list for visitors and won’t let me see him. Is there a way that I can fight this?
My brother has a wife of 30 years and a girlfriend of 30 years. He’s hospitalized and conscious and very aware of what’s going on. He doesn’t want his wife to stop his girlfriend from visiting him in the event the wife gets angry and tries to keep the girlfriend out. The wife has definitely threatened to tell the hospital about the situation. She even said she going to tell them to ban the girlfriend. We’re from Georgia. Can the wife ban the girlfriend?
hi i need some advice my boyfriend of 4 years is in roseville point and wellness center and i am the only one he has and e had a brain stem bleed so the place where he is at is doing things to him when he dont want it to be done so i speek up for him and they did not like that so they put a no trustpassing order on me and i have not seen my boyfrend for almost 2 months they wont even let me call him i am the only one he has please if anyone can give me some advice on what to do to be able to see my boyfriend again i would really apprate it