In response to accusations of patient dumping at Baltimore-based University of Maryland Medical Center Midtown Campus after hospital security guards left a woman at a bus stop in January, the Maryland state Senate passed legislation to outline a bill of rights for the state's hospital patients March 9, according to The Baltimore Sun.
CMS cited the hospital March 21 for violating several patient safety and patient rights regulations. Despite increased concern for patient safety and rights, advocates who originally supported the proposal are now fighting lawmakers to eliminate a revised version of it.
Senators approved the bill 36-7, despite arguments among lawmakers, patient advocates and hospital executives over which rights should be included in state law and which should be left to care providers. The approved version calls for eight broad guarantees backed by hospitals, as opposed to a list of 22 specific patient rights contained in the original legislation offered by patient advocates.
The patient advocates proposed a set of 22 rights included guaranteeing patients opportunities to request an escort during examinations, to make advanced directives and to participate in their discharge plans. These rights must be explicit in state law because respect, safety and care quality can significantly vary across different hospitals, said Anna Palmisano, coordinator of Marylanders for Patient Rights.
Patient advocates said the proposal has changed so significantly that it now prioritizes healthcare organizations' concerns over patient safety, according to patient advocates. "This is not a compromise — this is a further erosion of our rights," Ms. Palmisano said.
However, Jim Reiter, a spokesperson for the Maryland Hospital Association, said the amended bill "does not remove any rights for patients." Existing state and federal rules currently impose standards that exceed what the advocates are calling for, Mr. Reiter added.
Additionally, hospital officials said the advocates wanted too much control over the way care is provided, which is territory already covered by the CMS and the Joint Commission. Hospital officials offered an amendment to the bill, which included a set of eight rights the Joint Commission already requires hospitals to maintain, including certainty of patient privacy, visitation, access to medical records and clear communication. CMS and the commission already have "pages of standards that we must meet beyond what the bill as introduced requires," Mr. Reiter said.
Under current Maryland law, hospitals are required to provide patients with an existing "bill of rights" established by the Joint Commission. The law does not specify what those rights should be.
The Senate's action March 9 marks the first time in three attempts that a patients' bill of rights proposal reached the General Assembly floor.