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Minutes for SB352 - Committee on Health and Human Services
Short Title
Enacting the John D. Springer patient's bill of rights to require hospitals to allow in-person visitation, adopt visitation policies and procedures and creating a civil cause of action for violation of such rights.
Minutes Content for Tue, Mar 5, 2024
Jenna Moyer, Revisor of Statutes, provided and overview of SB352.
Ms. Moyer responded to questions from the committee.
Debbie Detmer, Private Citizen, provided testimony in support of SB352 (Attachment 2). It was devastating to hear stories during Covid about patients and residents unable to have visitations. SB352 allows for in-person visitations in certain circumstances, requires hospitals to adopt visitation policies and procedures, and create a civil cause for action for violations of these rights. Civil action is necessary to protect individuals.
The following provided written only testimony in support of SB352:
Jill O'Connor, Private Citizen (Attachment 3)
Rebecca Wetter, Private Citizen (Attachment 4)
Tara Mays, Vice President State Legislative Relations, Kansas Hospital Association (KHA), provided testimony in opposition to SB352 (Attachment 5). The visitation policies in hospitals are also regulated by the CMS conditions of participation for infectious control. Hospitals "must demonstrate adherence to nationally recognized infection prevention and control guidelines". Hospitals must remain flexible during disease outbreaks and KHA requests the flexibility to stay within the federal guidelines in the future. While a patient's room may be private, there are many common areas in hospitals that visitors must pass through to enter a private room. Ms. Mays shared examples of issues that might not be allowed to protect all patients and provide patient centered care. SB352 creates many unintended consequences for those that are directly serving patients.
Ms. Mays responded to questions from the committee.
Rachelle Colombo, Executive Director, Kansas Medical Society (KMS), provided testimony in opposition to SB352 (Attachment 6). KMS supports efforts to ensure that medical care facilities have reasonable visitation policies that respect patient preferences regarding visitors as seen in section 1 of the bill. KMS has concerns regarding the civil cause of action provision, which is feared will lead to increased litigation. There is also concern about the civil cause of action in section 2, which inserts the eight listed patient rights in the statute. Inserting these rights into statute, and then creating a new civil cause of action is both unnecessary, and will likely just encourage substantially more litigation. The provisions of concern noted are well intended but unnecessary.
The hearing on SB352 was closed.
Without objection the committee will work SB352. There was an objection.
The meeting was adjourned at 2:17 PM.
