Hospital visitation; No Patient Left Alone Act; modifying requirements; claims; creating private cause of action; damages; effective date; emergency.
The impact of HB3313 is significant, as it strengthens patient rights and establishes legal grounds for families to be present during medical care. By allowing hospitals to create regulations, the bill seeks to strike a balance between patient needs and operational capacities. It also authorizes a civil cause of action for patients or their caregivers if visitation rights are violated, enabling them to seek damages and attorney fees. This move could encourage compliance with the new visitation standards while providing legal recourse for breaches, thereby influencing hospital policies across Oklahoma.
House Bill 3313 aims to amend the existing No Patient Left Alone Act, enhancing the rights of both minor and adult patients in hospitals. This bill grants specific visitation rights to adult patients, allowing them to designate at least one family member or caregiver who can be present during hospital care. For minor patients, the bill ensures a parent or guardian can be present. Importantly, the bill maintains these rights even during emergencies like the COVID-19 pandemic, asserting that such a diagnosis alone cannot prohibit visitation. It also allows hospitals to establish visitation policies, provided they prioritize patient care and safety.
The sentiment around HB3313 appears generally positive among legislators who emphasize the importance of maintaining family ties during hospitalization. Support from a significant majority in the House, where it passed with 86 voting in favor and only 2 against, reflects a commitment to ensure that patients are not left alone during vulnerable times. However, concerns were raised about potential operational challenges for hospitals in managing visitor policies effectively without compromising patient care.
A noteworthy point of contention lies in the balance between enforcing patient rights and ensuring the safety and care quality within hospitals. Some hospital representatives may perceive the bill as introducing complications in their ability to manage visitation effectively, particularly during critical care situations. Moreover, the inclusion of financial penalties subjects hospitals to potential litigation for violations, raising questions of liability and the practical implications of enforcing such standards amidst fluctuating health threats.