The Kansas Senate approved a pair of public Health bills that affirm the right of patients to direct their healthcare at medical facilities and would eliminate the state health secretary’s authority to issue directives amid outbreaks of infectious disease. The bills, which were linked to the COVID-19 pandemic, built upon three years of statutory changes triggered by the international spread of the virus, which contributed to the death of 10,200 people in Kansas.
One of the bills, Senate Bill 391, places the power to respond to the spread of contagious, deadly diseases in the hands of 105 elected county commissions. This bill seeks to limit the authority of the Kansas Department of Health and Environment secretary and some county public health officers, which some lawmakers view as an overreach.
On the other hand, Senate Bill 352 aims to honor the memory of people who were ill or died during the pandemic but were forbidden by public health mandates from visiting family members or having a measure of influence over their care in a hospital. The bill articulates a series of patient rights, including a guarantee of access by visitors and the right to control health care strategy.
The proposed legislation was named for John Springer, a Larned native who died at a medical center in Tulsa, Oklahoma in 2021. His widow, Peggy Springer, urged the passage of the bill to protect patients and their families from enduring the pain of knowing a loved one was isolated, confused, and alone at a hospital. She pointed to her husband’s treatment at the medical center as an example of the need for patient protections.
The Senate also approved amendments to the bills, including one that requires the state government to compensate hospitals that adhered to provisions of a Kansas patient bill of rights when those provisions conflicted with federal obligations tied to Medicaid and Medicare funding.
The passage of these bills comes amidst ongoing debates about the balance of power between public health officials and elected leaders during public health emergencies. These bills represent a significant shift in how the state of Kansas responds to future outbreaks of infectious diseases.
Historically, the COVID-19 pandemic has sparked intense debate and controversy over public health measures, leading to a reevaluation of the balance between individual rights and public health concerns.
The approval of these bills in the Kansas Senate marks a potential turning point in how the state navigates public health emergencies, and their impact could reverberate across the country as other states grapple with similar issues.
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