Advocating for Patients' Visitation Rights: A Guide to Getting State Legislation Passed
Introduction: Visitation rights for patients are an important aspect of healthcare, as they allow loved ones to provide emotional support and be a part of the care team during a person's stay in the hospital or long-term care facility. Not to mention the clear health benefits of having someone there and the detriment of isolation. However, these rights are not always guaranteed, and in some cases, patients may be denied the ability to have visitors. So how does one get legislation in their state?
Step 1: Identify the issue The first step in getting state legislation passed is to identify the specific issue that needs to be addressed. It could be the lack of guaranteed visitation rights for patients, but it could also be in fixing a hole or holes in existing legislation. It's important to be clear about what the legislation is trying to accomplish and what specific rights it will protect.
Step 2: Research existing laws and regulations Before proposing new legislation, it is important to research existing laws and regulations related to the issue at hand. This can help to identify any gaps in current protections and will provide a framework for how the proposed legislation can fill those gaps. Additionally, it can also give examples of how other states have approached similar issues, which can be used as a model for the legislation. You can use our Legislation page to see the language in other states.
Step 3: Find a legislator willing to lead the fight You’re going to need someone to introduce your bill, so I’d recommend starting with your state representative and state senator. They undoubtedly have heard stories of desperate husbands, wives, parents, adult children, etc., who have reached out, hoping their elected official could help them get in to be with their loved one. If your state official brushes you off or flat-out refuses to support this kind of legislation, try to find another.
Step 4: Build a coalition Getting state legislation passed requires a coalition of support, which should include a broad range of stakeholders. This can include patient advocacy groups, healthcare providers, healthcare worker unions, and other organizations that are committed to protecting patients' rights. Building a coalition will help to bring attention to the issue and provide a platform for pushing for change, but I can tell you from personal experience, beware of the healthcare unions. In 2020, we were working with the Colorado Hospital Association in good faith, and just before our bill went to committee, the Hospital Association gutted our bill with a strike-through, taking it from a requirement to let a visitor in … to a suggestion that hospitals “review their visitation policies.” It essentially castrated our bill.
Step 5: Draft the legislation Once the issue has been identified and a coalition has been built, the next step is to draft the legislation. This should be done with the help of experts in healthcare and legal policy, as well as input from the coalition of stakeholders. It is important to ensure that the legislation is clear and specific and that it addresses the identified gaps in current protections.
Step 6: Advocate for the legislation The final step is to advocate for the legislation. This can include organizing public events, lobbying legislators, and utilizing social media to raise awareness of the issue. It's important to have a coordinated effort among the coalition members and to make sure that they are targeting the right legislators and agencies. Bringing studies and scientific articles to the conversation, as well as stories is your best bet to capture attention and win the debate.
Conclusion: Getting state legislation passed to protect patients' visitation rights requires a clear understanding of the issue, research, a coalition of support, and effective advocacy. By following these steps, it is possible to make a real difference for patients and their loved ones and ensure that they have the support they need during their time in the hospital or long-term care facility.
Note: It is important to check the legal requirements and follow the correct procedural steps for your specific jurisdiction and country. This general process serves as a guide, but it is not a substitute for legal advice.