Virginia American Medical Directors Association Virginia Beach, VA. September 29, 2012 Pat Bach, PsyD, RN Dan Bluestein, MD, CMD 1 Disclosures We have no financial disclosures 2 Objectives 1. Review historical context 2. Examine pragmatic considerations 3. Explore human dimensions 4. Identify strategies for improved care 3 Our Philosophy Range of views on issue Our job not to change personal beliefs However, we do work from the premise that our professional attitudes & behaviors must be nondiscriminatory Our aim today is to provide a framework & tools for so- doing. 4 How’d we get here? 5 Early 1980s Seeing many young men come in for “virus” Predominantly Gay Provider perceptions (myself included) Distraction from other patients Incurable, self-inflicted illness High risk behavior 6 Changing Perspectives over the Years High risk behaviors & spread of infection among heterosexuals as well Pts seeking testing not necessarily representative of Gay community Realization that sexual orientation & gender identity are endogenous rather than choices 7 Fast-forward to the Present: Dr. C Retired professor of history at nearby university. Good son; good uncle Caregiver for parents Supported niece's college education “Bachelor” when moved into our CCRC Subsequently revealed lifelong same-sex partner Profound, near suicidal depression when cut off from partner at latter’s death by his biologic family Prompted awareness & change in my views. Admirable individual, did not deserve to suffer based on choice of partner Another recent example-Sally Ride 8 AMDA 2011 Our session on sexuality in LTC Included segment on LGBT elders 10 min “Gen Silent” film clip (Producer Stu Maddox) Powerful impact on audience Subsequent discussions w AMDA leadership on this & related issues => asked to develop White Paper by House of Delegates 9 Crystallized My Thinking “No more appropriate to discriminate based on sexual orientation/gender identify than to do so based on race, sex, religion…” Viewed in context of living memory of where discrimination can lead Holocausts Civil rights movement 10 Historical Background 1st ½ of 20th century: total ostracism Latter 20th century: slow attitudinal shift Decriminalization of homosexual activity Removal of homosexuality as mental illness Self-advocacy-”Stonewall” 11 Momentum Gain in st 21 Century Elimination of LGBT disparities objective of “Healthy People 2020” IOM monographs Repeal of “don’t-ask; don’t tell” Legalization of same-sex marriage in some states Non-discrimination statements & policies by various professional organizations AMDA 2012 12 2012 “inhospitable healthcare environments characterized by healthcare professionals and staff that are not accepting of, or trained to work with, LGBT elders.” barriers in LTC hostility of staff, other patients, exclusion of “family of choice” caregivers. stigma, negative stereotypes persist. 13 From AMDA White Paper: A Closer Look Prevalence issues Clinical and quality of life concerns Evidence of current disparities & barriers to care Regulatory mandates Ethical imperatives 14 Prevalence Assume 8% of US pop’n self-identifies as Lesbian/Gay Conservative No data on bisexual/transgender 2010: 40x106 > 65 => ~ 3 million L/G 2030: 70x106 > 65 => ~ 5.6x106 2050: 80x106 > 65 => ~ 6.4x106 15 In LTC ….. Census of 1.5 million @ 8% = 120,000+ Most reside in facilities that are not geared specifically for LGBT clients. 100 bed facility: 8-10 LGBT residents 16 Psychosocial Considerations Prior stigmatization by health care providers Family issues Cultural isolation-nondisclosure Impacts health Impacts self-worth Obscures significant clinical issues Magnified for disadvantaged minorities 17 Clinical Issues HIV Infection issues Accelerated aging cognitive impairment osteoporosis nephropathy malignancies HIV drug side effects and interactions Mental health needs Smoking & related comorbidities Hormonal effects-transgendered individuals 18 Study: Improving the Lives of LGBT Older Adults Study re experiences of older adults living in LTC. N = 769 total 284 self ID’d LGBT 485 families, friends, of LGBT pts. Documents challenges as reported by LGBT Elders in LTC. March, 2010. http://www.lgbtlongtermcare. org/ 19 Experiences:“Stories from the Field” 328 respondents (124 LGBT), reported 853 instances of mistreatment verbal or physical harassment from other residents (23%) refused admission, readmission, or attempted abrupt discharge (20%) verbal or physical harassment from staff (14%) refusal of partner’s medical POA (11%) restriction of visitors (11%) staff refusal to refer to transgender patient by preferred name or pronoun, (6%) refusal of basic services (6%) denial of medical care (6%) 20 Regulatory Nursing Home Reform Act right to be treated with “dignity” and “respect,” “to be free from physical or mental abuse” or “involuntary seclusion,” Discrimination against LGBT older adults would violate NHRA standards, as would restriction of visitors who are non-biologic family of choice. CMS rule protect patients’ right to choose visitors during a hospital stay, including same-sex domestic partners. 21 Regulatory, Continued CMS has also issued guidance to states making clear that same‐sex partners may be afforded treatment comparable to other spouses when it comes to receiving long‐term care Federal law protects assets, such as a couple’s home, in the event that a married individual must receive nursing home care through Medicaid. In June 2011, CMS clarified that states have the flexibility to extend this protection to same‐sex partners. http://www.hhs.gov/secretary/about/lgbthealth_upda te_2011.html 22 Regulatory, Concluded CMS is considering revision of NH regulations Soliciting public comment Consumer Voice for quality long-term care Aug 2, 2012 position paper from consortium of LGBT advocacy groups Explicit, specific non discrimination language Broadened definition of family Visitation, shared rooms Removal of visiting hour restrictions 23 In Virginia …. Same-gender sexual activity is legal Based on court decisions in 2003 & 2005 2006 ratification of VA constitutional amendment defining marriage as the union of a man and a woman 2012 poll 41% favor same sex marriage; 65% favor legal recognition of same-sex couples VA law does not address discrimination based on gender identity or sexual orientation VA hate crime laws address violence based on race, religious conviction, national origin, but not on sexual orientation or gender identity Ethical Aspects Beneficence & Non-Maleficence Non-discrimination, acceptance, and non-restrictive visitation policies Justice-duty to treat individuals fairly and without discrimination, paramount ethical principle surrounding this issue. 25 AMDA Precepts AMDA has long been an advocate of equity and quality in care of vulnerable seniors, as evidenced in its own ethics, mission, and values statements. Advocacy for LGBT LTC residents is also consistent with AMDA medical director functions 1, 3, 7, 8, and 9. AMDA LGBT White Paper 2012 26 27 About “Gen Silent” Stu Maddux: documentary film maker with media background – One year covering 7 LGBT older adults in Boston area – Focuses on issues, needs, and obstacles experienced by these folks & how they coped – Snapshot of life for LGBT elders, particularly those needing LTC 28 GenSILENT Silent GEN 29 30 Survey Conducted 8/13 - 9/28/2012 31 Survey Goals Customize this talk to the educational needs of VAMDA members and other conference participants Create an opportunity for dialogue Identify the attitudes, experiences, perceptions and expectations of VAMDA members. 32 Study: Improving the Lives of LGBT Older Adults Study re experiences of older adults living in LTC. N = 769 total 284 self ID’d LGBT 485 families, friends, of LGBT pts. Documents challenges as reported by LGBT Elders in LTC. March, 2010. http://www.lgbtlongtermcare. org/ 33 VAMDA SURVEY RESULTS N = 26 34 Respondent Gender 35 Respondent Age 36 Respondent Profession 37 Years in Practice 38 Practice Type & Location 39 Types of Training Re Care of LGBT Pts 40 Current Status re LGBT-related Healthcare Education Nursing Education: “…nursing literature is lacking in content addressing LGBT health…” Lim & Bernstein. Nurs Educ Perspect 2012 Brennan et al. J Prof Nurs. 2012 Medical Education: Median 5 curricular hours in med school Extent of coverage varies; students taught to ask if pts “have sex with men, women, or both” Perceived room for significant improvement Obedin-Maliver, et al. Lesbian, Gay, Bisexual and Transgenderrelated content in undergraduate medical education. JAMA. 2011 41 Experiences:“Stories from the Field” 328 respondents (124 LGBT), reported 853 instances of mistreatment. verbal or physical harassment from other residents & staff refused admission, readmission, or attempted abrupt discharge refusal of partner’s medical POA, denial of medical care, and refusal of basic services staff refusal to refer to transgender patient by preferred name or pronoun & restriction of visitors Provides empirical data suggesting adverse conditions for LGBT elders in some long term care settings 42 Educational Resources Most Helpful to Respondents in Care of LGBT Pts. 43 Potential Factors Which May Impact LTC Providers Caring for LGBT Pts. Rank ordered 1= most imp, 6 = least imp 44 Clinician Experiences w/LGBT Patients 45 Provider Comfort Level w/LGBT Pts. 46 Gender Neutral Forms 47 Staff Training re LGBT Pt Needs Other Cultural Competency training? 48 AMDA Policy re LGBT Care Effective 3/2012 49 References, Resources & Suggestions 50 National Resource Center on LGBT AGING Excellent Resource 28 pages Free download http://www.lgbtagingcenter.org 51 Suggestions • Do presume you have LGBT residents • Don’t presume you can distinguish them from others • Treating “everyone the same” often equates to treating them as heterosexual – Discounts/ignores specific aspects of LGBT experience, culture, health issues & needs • Adapt intake forms – Partner – Gender preference Staff training on a consistent basis 52 Intakes & Forms Ask all pts re sexual orientation & gender identities. Prevents staff from asking only whom they “think” are LGBT or singling out any one person. Create openings for LGBT pts to discuss family members of choice with open-ended questions… “Who do you consider family?... Who in your life is especially important?” If uncertain or appropriate language use, ask for clarification. “Am I using the term or pronoun you prefer?” 53 Confidentiality Provide privacy during discussions Include clearly written policy on all forms and read aloud before beginning intake process. Explain how PHI (name, gender, health conditions, other sensitive info) may be used by the facility and who may/may not have access to this information. Reassure pt that sexual orientation & gender identity will not be disclosed to anyone without his/her consent. 54 Policies & Procedures Ensure visitation policies include pt’s partner, domestic partner, spouse, friend and that it is the same for same-sex and opposite sex partners. “Family” “family of origin” (biological family members or those related by marriage or kinship) “family of choice” (friends, partners, others determined by patient). 55 AMDA White Paper “THE CARE OF LESBIAN, GAY, BISEXUAL, AND TRANS-GENDER PERSONS IN THE LONG-TERM CARE SETTING” 19 Recommendations in two specific areas: Clinical Practice & Policy Education Research http://www.amda.com/governance/whitepapers/A12.cfm 56 Clinical Practice & Policy Recommendations Partner with other professional organizations (AMA, AAFP, ACP) to foster non-discrimination based on sexual orientation or gender identity. MCV work with Stu Maddux American Psychological Association Revise admission and procedure forms with congruent & appropriate language respectful of LGBT family configuration lover, domestic partner, significant other & life partner, etc., as well as “spouse” & “marital status” Use “Family of Origin” as well as “Family of Choice” 57 Clinical Practice & Policy Recommendations Encourage assistance to LGBT elders with durable power of attorney (POA) for health care, hospitalization visitation authorization form, and other documents that enfranchise “family of choice” members, whether a legally recognized relationship or not. Include partner/ significant other during the initial assessment and included in family meetings, treatment planning, or other meetings relevant to the care of the patient. 58 Clinical Practice & Policy Recommendations Non-restriction of visitation based on sexual orientation or gender identity of visitors in accordance with federal guidelines & ethical treatment of all patients. Create sexual orientation and gender identity as an optional demographic information category on the new patient intake form, as well as all other documents. Form a Diversity Committee to ensure access to culturally competent LTC for all ethnic, cultural, and sexual orientation/gender identity minority groups. 59 Educational Recommendations Provide didactic and experiential training for all LTC staff and providers regarding diversity issues relevant to LGBT residents. Development of a Standardized Diversity Education Program (SDEP) created through the Diversity Committee (once established) Include the Standardized Diversity Education Program in future Long Term Care Medicine annual conference programs, as well as AMDA publications. 60 Educational Recommendations Create an online repository/bibliography of relevant books, articles, research studies and other resources relevant to work with LGBT elders in LTC. Core Curriculum to incorporate salient material to enhance care of LGBT elders in LTC. Conduct baseline assessment of AMDA members regarding standards of practice, policies, and other specific information relevant to the care of LGBT elders in the LTC setting. 61 Resources National Resource Center (NRC) on LGBT Aging Hilary Meyer http://lgbtagingcenter.org/ NRC Cultural Competence Training (FREE) http://www.lgbtagingcenter.org/about/training.cfm Howard Brown Health Center HEALE Curriculum Health Education About LGBT Elders Program (in Chicago for RNs) http://www.howardbrown.org/hb_services.asp?id=2224 62 Resources Gen Silent training http://stumaddux.com/gen_silent_TRAINING.html Inclusive Services for LGBT Older Adults: A Practical Guide to Creating Welcoming Agencies (28 pgs) http://www.lgbtagingcenter.org/resources/pdfs/NRCInc lusiveServicesGuide2012.pdf AMDA Policy: The Care of Lesbian, Gay, Bisexual and Transgender Persons in the Long Term Care Setting http://www.amda.com/governance/whitepapers/A12.cf m 63 Resources Center for Medicare and Medicaid LGBT Older Adult Training Video for ombudsmen Title TBD (50 mins); pending release Fenway Health: Boston LGBT Community Health Center Harvey Makadon, MD- Director http://www.fenwayhealth.org/site/PageServer Makadon, H. Ending LGBT Invisibility in health care: The first step in ensuring equitable care. Cleveland Clinic Journal of Medicine. 78(4), April, 2011. 64 Please feel free to share these with us… They’ll be included in the online PowerPoint! 65 In Summary This is more of an issue than we realize Clinicians have an ethical obligation to provide good care in an accepting environment Survey Key findings: Clinicians may underestimate issues pertinent to the equitable care of LGBT elders Clinical training relative to these issues is relatively lacking across disciplines Staff training in this area is of paramount importance 66 Thank You … For your time, attention, and participation! 67