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Minutes for SB303 - Committee on Public Health and Welfare
Short Title
Prohibiting boards of county commissioners, boards of trustees or employees from restricting visitors of residents of a county home for the aged or patients in a county hospital and permitting such residents and patients to waive state, city or federal restrictions on right to receive visitors.
Minutes Content for Mon, Mar 29, 2021
Chairperson Hilderbrand opened the hearing on SB303.
Jenna Moyer, Staff Revisor gave an overview of the bill. She answered questions from committee members.
Senator Alicia Straub testified as a proponent of SB303. She said when considering visitation policies for nursing homes and long term care facilities, family members and friends are not "just visitors". They are essential care givers, communicators, and primary advocates for the resident/patient. Visitors are very often the only oversight concerning the resident's/patient's quality of care. (Attachment 5)
Representative Tatum Lee-Hahn stated in her testimony that the argument that CMS guidlines trump Kansans' civil liberties is simply un-American. Guidelines and regulations are not laws. Guidelines and regulations can be unconstitutional in their nature as is the case in this instance. (Attachment 6)
Michelle Suter spoke as a proponent stating that her family suffered the death of her father, which could have been avoided with help like SB303 would provide. She said informed consent is crucial for proper care and treatment of all people. Her father needed her and her mother's help and they were barred from communicating and seeing him until he was at death's door. (Attachment 7)
Marilyn Salmans shared her husband's experience after contracting West Nile Virus in the Fall of 2020 and being hospitalized for nearly six months. He received care in seven Kansas facilities ranging from acute care hospitals to a skilled nursing facility. Each institution allowed varying degrees of visitation, from 24/7 access to no access, including windows. She has noted a decrease in accountability among facilities and an increase in the burden to already burdened loved ones and advocates. (Attachment 8)
Representative Trevor Jacobs spoke in support of SB303 and said it was personal to him because of his private sector services and it is not only an individual liberties issue, but a private spiritual issue for many. In his ministering and preaching at nursing homes on a weekly basis for the past nine years and in the year since the COVID-19 Kansas shutdowns and lockdowns, many elderly people are denied basic human rights of not being allowed to have in-person visits with loved ones and pastors. (Attachment 9)
Todd Sorenson spoke of his mother who resides in a Kansas nursing home. She has endured loneliness, isolation, and confusion that has compounded her medical conditions. She has been involuntarily relocated three times with the nursing facility. She was not able to refuse these moves, which caused her additional personal pain and confusion. (Attachment 10)
They took questions from committee members.
Written only, proponent testimony was submitted by:
Melissa Campbell, Individual (Attachment 11)
Marilyn Stark, Oklahoma State Representative (Attachment 12)
Tabitha C., Individual (Attachment 13)
Debbie Evert, Individual (Attachment 14)
Shawna Childers, Individual (Attachment 15)
Sheri Graham, Individual (Attachment 16)
Rachel Elliott, Individual (Attachment 17)
Amy Eskov, Individual (Attachment 18)
Hannah Mingucci, Individual (Attachment 19)
Sherry Ann Hathaway, Individual (Attachment 20)
Sue Rose, Individual (Attachment 21)
Michelle Ballah, Individual (Attachment 22)
Meredith Rice, Individual (Attachment 23)
Kristi Schmitt, Individual (Attachment 24)
Michelle Rein, Individual (Attachment 25)
Gary Gantz, Individual (Attachment 26)
Tisha Rein, Individual (Attachment 27)
Helen Van Etten, Individual (Attachment 28)
Roy Dixon, Individual (Attachment 29)
Ashley Ryan, Individual (Attachment 30)
Kim Eastman, Individual (Attachment 31)
Linda Becker, Individual (Attachment 32)
Lydi Payne, Individual (Attachment 33)
Scott Brunner gave his neutral testimony stating that SB303 would prohibit county commissioners, boards of trustees or employees from restricting visitors to residents of county homes for the aged or patients in county hospitals. The bill would also permit residents and patients to waive city, state or federal restrictions of visitors that are imposed to control transmission or prevention of an infectious disease. KDADs is the agency responsible for inspecting and licensing adult care homes through our Survey, Certification and Credentialing Commission. KDADS acts on behalf of the Centers for Medicare and Medicaid Services to verify nursing facilities and other adult care homes compliance with condition of participation in the Medicare and Medicaid programs. SB303 could violate those conditions of participation including federal mandates to restrict visitors. (Attachment 34)
He answered questions from committee members.
Rachel Monger presented her opponent testimony. She stated that not a day has gone by in the pandemic that they have not heard from a nursing home provider, telling them about the cruelty of resident isolation and asking when CMS would let it end. Never did she imagine that a year would go by without an answer. Complying with SB303 would force county-owned nursing homes to violate federal nursing home regulations and not county owned nursing home could survive the devastating penalties that would result from it. (Attachment 35)
Jay Hall testified as an opponent stating that the KAC opposed SB303 as an infringement of local control. KAC is also concerned SB303 could jeopardize licensure if counties cannot put in restrictions as they deem necessary, which could create potential liability for counties with residents that elect to not waive those restrictions. (Attachment 36)
Tara Mays gave her testimony in opposition of SB303 stating that SB303 would place hospitals in violation of federal rules and regulations from multiple oversight division. It would also create two different standards of care and operations for facilities in Kansas - one standard of care for county hospitals and another for those now owned and operated by the county. (Attachment 37)
Linda Mowbray spoke as an opponent as it will jeopardize the county-owned homes providing care to the very residents that the proponents of this bill hoped to protect. (Attachment 38)
They took questions from committee members.
Written only, opponent testimony was submitted by:
Dr. Lee Norman, Secretary, KDHE (Attachment 39)
Holly Noble, Attica Longer Term Care (Attachment 40)
Teresa McComb, Logan Manor Community Health Services (Attachment 41)
Charles McKinney, Kansas Legislative Policy Group (Attachment 42)
Bill Tofflemire, KACE (Attachment 43)
Jennifer Sourk, Midwest Health (Attachment 44)
Chairperson Hilderbrand closed the hearing on SB303.
