Kansas Senate Bill SB352

Kansas 2023-2024 Regular Session

• Introduced: 1/17/24
• Refer: 1/18/24
• Report Pass: 2/21/24
• Engrossed: 2/28/24
• Refer: 2/28/24
• Report Pass: 3/11/24

Caption

Enacting the no patient left alone act to require facilities to allow in-person visitation to certain patients at hospitals, adult care home and patient care facilities.

Impact

The bill signifies a shift in healthcare policy by asserting that hospitals can no longer impose overly restrictive visitation rules that may prevent patients from receiving necessary emotional and psychological support. By requiring facilities to establish and publicly share their visitation policies by September 1, 2024, SB352 seeks to enhance transparency and guarantee patients' rights to choose who can visit them. Moreover, it introduces a civil cause of action for violations, allowing patients or their representatives to seek damages if their rights are infringed upon, thereby strengthening the accountability of healthcare providers.

Summary

Senate Bill 352, also known as the John D. Springer patient's bill of rights, establishes essential rights for patients receiving care in medical facilities, particularly focusing on the visitation policies that hospitals must adopt. The legislation mandates that medical care facilities allow in-person visitation from individuals designated by the patient, which includes immediate family members, essential caregivers, and spiritual advisors. This measure aims to ensure that patients, especially those who are terminally ill or in end-of-life care, are allowed to have vital support from loved ones during their most critical moments.

Contention

Notably, the legislation has sparked discussions about the balance between patient rights and hospitals’ operational needs. Proponents argue that allowing greater visitation fosters better health outcomes and emotional resilience for patients, while critics might express concerns regarding the potential challenges for infection control and facility management. Some stakeholders worry that the law could lead to disputes over visitation policies and that the requirements for compliance may burden healthcare facilities, particularly during health crises such as pandemics. The provision for civil liability as stipulated in the bill raises further interest, as opponents contend that this could lead to an increase in litigation against medical facilities, potentially complicating care delivery.