Latest news with #PreventingDisaster
Yahoo
4 days ago
- Health
- Yahoo
Texas lawmaker plans to re-file hospital bollard bill despite ‘very aggressive' lobbying
This story is part of KXAN's 'Preventing Disaster' investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital's emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening. AUSTIN (KXAN) — Despite a 'VERY aggressive lobbying effort' by the Texas Hospital Association to kill a bill aimed at preventing vehicle crashes at emergency entrances — following last year's deadly crash at St. David's North Austin Medical Center — a state senator is pledging to refile the same safety measure next session, according to a senior staffer. Senate Bill 660, sparked by a KXAN investigation, sought to require crash-rated vertical barriers, called bollards, at Texas hospital entrances. The proposal was supported by the Texas Nurses Association, which said 'all protections should be considered' to ensure healthcare workers are safe and protected. It passed the Senate but stalled in a House committee despite a last-minute amendment to only require bollards at new hospitals in cities with a population of 1.2 million or greater. 'I am disappointed that Senate Bill 660 died in the House Public Health Committee, especially after we took so many suggestions from stakeholders on modifying the legislation,' said the bill's author, Sen. Royce West, D-Dallas, who called the bollard requirement 'common-sense public safety legislation.' On Feb. 13, 2024, a drunk driver drove into the lobby of St. David's North, running over all four members of the Bernard family, including their two toddlers. The driver, Michelle Holloway, 57, was killed. After the crash, the Bernards — who were seriously injured — spoke exclusively to KXAN about their ordeal and their goal moving forward. 'That no one will have to suffer like we do,' said Nadia Bernard, who was still in a wheelchair recovering at the time. That plea led to a more than year-long KXAN investigation looking into crashes and finding solutions to prevent them. After surveying dozens of hospitals, watching bollard crash-tests at Texas A&M's Transportation Institute and learning about the strength of the security barriers, we were asked to share our findings with lawmakers as they considered SB 660, which would have required bollards at hospitals statewide. 'Without a uniform statewide approach, we found a patchwork system where some hospitals are protected while others remain vulnerable,' KXAN investigative reporter Matt Grant told a Senate panel. EXPLORE: KXAN's 'Preventing Disaster' investigation into medical center crashes Using data from the non-profit Storefront Safety council, TxDOT, police and media reports, we built our own nationwide database of crashes over the past decade. We looked at places patients receive care, according to the state's definition of 'health care provider' that includes doctors, nurses, dentists and pharmacists, among others. The result: By the start of the legislative session, we had identified more than 400 crashes since 2014 including more than 100 in Texas. Months later, as we continued to track and collect data, the list of crashes into, or at, medical-related sites had expanded to more than 580. The majority were caused by drivers who were either hurt, intoxicated — like at St. David's — or had pressed the wrong foot pedal. Nearly 160 of the crashes were at hospitals and almost half of those impacted the ER entrance area. In all, we identified at least two dozen deaths and hundreds of injuries. 'I think you've built the best dataset in the country right now,' said Ware Wendell, a consumer and patient advocate with Texas Watch. 'So, it definitely informed the debate here in Texas,' Wendell added. 'And, I wouldn't be surprised if it informs the debate all around the country as hospitals evaluate how they are protecting folks inside of their emergency rooms.' 'I have to credit you, Matt, and your team at KXAN, for doing the deep dive, for digging into the data. Ware Wendell, Texas Watch Map of crashes that have occurred at or into Texas hospitals since 2014. Source: Texas Department of Transportation, media reports, Storefront Safety Council. (KXAN Interactive/Dalton Huey) The Texas Hospital Association, which represents 85% of the state's acute-care hospitals and health care systems, testified against SB 660. 'Singling out hospital emergency rooms to install bollards would not prevent, based on the statistics we're aware of, the overwhelming majority of these types of accidents because they simply don't occur in hospitals,' THA General Counsel Steve Wohleb told lawmakers in March, referring to a majority of crashes occurring at business storefronts. Behind the scenes, sources tell KXAN the industry group lobbied heavily against the proposal. In a memo sent to hospitals around the state that we obtained, the THA criticized KXAN for including other medical centers in our data, not just hospitals, and, citing autonomy and cost as a factor, called the bill an 'unfunded mandate, without evidence-based support.' 'I would question that,' said Thomas Ustach with the McCue Corporation. 'What is the cost of life safety?' McCue is the same bollard-making company that allowed KXAN to watch its crash tests in Texas last year. The company has installed security barriers at dozens of hospitals across the country. The cost to secure an ER entrance, typically, is between $10,000 and $30,000, depending on how many bollards are needed, Ustach said. A single crash-rated bollard, on average, costs around $1,500-$2,000 to purchase and install, he pointed out. 'It's really not a difficult or costly fix to the problem,' Ustach said. 'So, I'm surprised that there's so much pushback against the bill.' Ustach said he's proud the crash-testing we witnessed last year could 'shine some light' — to the public and policymakers — on why, when it comes to bollards, testing and strict performance requirements are necessary. 'You can't leave it up to chance when you're talking life safety,' he added. Today, the Bernard family is in the middle of a $1 million lawsuit against St. David's for not having bollards at the time. St. David's previously said it does not comment on litigation. This isn't the first time a hospital's lack of protective barriers has been the focus of a lawsuit. In 2020, a driver lost control and drove into the patient entrance of Atlanta-based Piedmont Hospital. Several people were hit and a 55-year-old woman was killed. The lawsuit blamed the hospital for its 'failure to provide bollards or other barriers' outside of its ER. Piedmont settled for an undisclosed amount and previously did not respond to KXAN's request for comment. St. David's previously told us it installed $500,000 worth of bollards at its Austin-area hospitals after last year's deadly ER crash. However, it has repeatedly refused to say if any of those bollards are crash-rated. When asked about the bollard bill not advancing, St. David's said it 'does not have anything to add to your story.' This month, the hospital system admitted for the first time that it opposed Austin's ordinance, which passed nearly six months ago, requiring crash-rated bollards at new city hospitals. 'If these hospitals won't do it voluntarily, there must be laws to protect all families from this predictable and preventable destruction.' The Bernard Family in a statement to KXAN A spokesperson for St. David's said the opposition was due, in part, to a belief the measure 'selectively targeted healthcare facilities' based on an incident at one of its hospitals. 'Our family is very disappointed that this common sense, statewide public safety bollard bill was killed by hospital special interests,' the Bernard family told KXAN. 'We are so grateful that Austin bravely acted to pass protective bollard legislation and know this proactive law will eventually pass at the statewide level,' the family added. Former Austin City Council Member Mackenzie Kelly said she is 'incredibly proud' of the local bollard ordinance she initiated. She hopes it serves as a model for other communities. 'While I'm disappointed that SB 660 did not make it out of the House Public Health Committee this session, I remain hopeful and encouraged,' Kelly said. 'Austin led the way by acting before tragedy struck again, and I firmly believe this idea's time will come at the statewide level.' 'Protecting patients, emergency personnel, and hospital visitors should never be a partisan issue — it's a matter of life safety,' she added, saying she looks forward to supporting the measure again next session. The chair of the House Public Health Committee, Rep. Gary VanDeaver, R-New Boston, gave the bill a hearing but did not bring it back up again for a vote, allowing it to die. His office, and the Texas Hospital Association, did not respond to a request for comment. Graphic Artist Wendy Gonzalez, Director of Investigations and Innovation Josh Hinkle, Investigative Producer Dalton Huey, Investigative Photojournalist Chris Nelson and Digital Director Kate Winkle contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-05-2025
- Health
- Yahoo
Hospital bollard bill dies under Texas industry pressure
This story is part of KXAN's 'Preventing Disaster' investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital's emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening. AUSTIN (KXAN) — A bill aimed at preventing future vehicle crashes at hospital emergency rooms in Texas will not pass this legislative session due, in large part, to an aggressive lobbying effort by the Texas Hospital Association against a proposed safety step, according to multiple sources. Senate Bill 660, which was supported by the Texas Nurses Association, would have required crash-rated vertical barriers, called bollards, at hospitals across the state. It was sparked by a series of KXAN investigations following last year's crash at St. David's North Austin Medical Center that seriously injured five people and left the driver, who was intoxicated, dead. The bill's author, Sen. Royce West, D-Dallas, plans to re-file the bill during the next legislative session in 2027, his legislative director told KXAN. Despite several last-minute changes made to address concerns from the THA — including an amendment to only require bollards at new hospitals in counties with a population of 1.2 million or more — the bill stalled in the House Public Health Committee. It received a hearing last Monday but failed to get a vote before the clock ran out and a key deadline on Saturday passed. Last month, the Senate approved the measure 23-7. The THA, which represents more than 85% of Texas' acute-care hospitals and health care systems, had pushed back against the measure over concerns related to cost, autonomy and a belief that a bollard requirement unfairly targeted hospitals over other sites that could be prone to vehicle crashes. The THA called the proposal an 'unfunded mandate.' WATCH: Bollards are put to the test at Texas A&M 'This bill imposes a one-size-fits-all mandate on a single industry that does not, to our knowledge, pose a greater safety risk to the public than many other types of businesses,' THA General Counsel Steve Wohleb testified before the House panel. Since the deadly ER crash in Austin in February 2024, KXAN uncovered more than 400 crashes at a variety of medical-related sites across the country since 2014, resulting in more than 20 deaths, according to an analysis of TxDOT, police, EMS and media reports. There are no local, state or federal requirements for critical infrastructure, like hospitals, to have bollards. KXAN witnessed crash testing at Texas A&M Transportation Institute that revealed crash-rated versions of the devices can be effective at stopping the equivalent of a Dodge Ram pickup truck traveling at 20 miles per hour. EXPLORE: KXAN's 'Preventing Disaster' investigation uncovers hundreds of crashes We shared those findings with local and state policymakers and visited more than two dozen Central Texas hospitals to see how many entrances lacked bollards (nine had partial coverage and seven had none at the time). 'Despite their life-saving potential, a KXAN investigation found many Central Texas hospitals lack adequate bollard protection,' Rep. Toni Rose, D-Dallas, who sponsored the bill in the House, said at Monday's public hearing. The bill's demise comes nearly six months after the Austin City Council passed an ordinance to require crash-rated bollards at new local hospitals, urgent care clinics and standalone ERs. That safety step was initiated by former Council Member Mackenzie Kelly, who testified in front of a Senate and House panel in support of expanding that requirement to hospitals across the state. 'Bollards save lives and the legislation will ensure hospitals in our largest counties don't have to learn that lesson the hard way,' Kelly told House lawmakers during her testimony. 'Disasters don't discriminate. But policy can determine whether or not we're prepared.' In a statement to KXAN, Kelly said she is 'incredibly proud' of Austin's new bollard law and hopes it will 'serve as a model for proactive, common-sense public safety.' 'While I'm disappointed that SB 660 did not make it out of the House Public Health Committee this session, I remain hopeful and encouraged,' Kelly later told KXAN. 'Austin led the way by acting before tragedy struck again, and I firmly believe this idea's time will come at the statewide level. Protecting patients, emergency personnel, and hospital visitors should never be a partisan issue — it's a matter of life safety.' KXAN has reached out to St. David's HealthCare— which opposed Austin's ordinance — for comment. The hospital system said it 'does not have anything to add' to this report. We also reached out to the THA, West, Rose and the chair of the Public Health Committee, Rep. Gary VanDeaver, R-New Boston, for comment. We did not immediately hear back and will update this report with any responses. 'I am grateful to Senator West and Representative Rose for championing this bill,' Kelly added, 'and look forward to supporting its reintroduction next session.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
19-05-2025
- Yahoo
KXAN wins 5 regional Edward R. Murrow awards, most in Texas
AUSTIN (KXAN) — KXAN won five regional Edward R. Murrow Awards, more than any other station in Texas, the Radio Television Digital News Association announced Monday. The Edward R. Murrow Awards, named after the famed broadcaster, are prestigious awards that honor 'outstanding achievements in broadcast and digital journalism.' RTDNA has given out these awards since 1971. KXAN received awards in the Digital, Excellence in Innovation, Excellence in Video, News Series and Podcast categories. Regional winners advance to the national competition, whose winners are announced in August. Excellence in Innovation and Podcast: KXAN's project 'A Hanging on Backbone Creek' was recognized for its Excellence in Innovation while the accompanying podcast won in that category. The investigation delved into the mysterious death of a quiet, young girl that haunts the town of Marble Falls, Texas, nearly 60 years after her body was discovered hanging by a jump rope in a shed behind her family's home along Backbone Creek. Quickly ruled an accidental strangulation by a local justice of the peace, questions linger not only about this case and others nearby — but also an antiquated process still used in most Texas counties, giving certain elected officials the power to determine cause and manner of death with scant training and often without autopsies or forensic expertise. KXAN investigates efforts underway to strengthen and modernize this system, as our discoveries also reveal potential gaps in its oversight and prompt a new review of the last day Daynon Lewis was alive. Excellence in Video: The video for KXAN's coverage of 'A Fatal Fall: The Treysuhr Carter mystery' was recognized for its Excellence in Video. The investigation explored what happened the night Treysuhr Carter was found lying in the road, and her family's insistence that she didn't accidentally fall off her push scooter. Police initially closed her case, but after KXAN investigated, the medical examiner's office amended its report, and police said they would review her case. News Series: KXAN's initial 'Preventing Disaster' project — and continuing coverage that has led to changes — was recognized in the News Series category. When a car slammed into an Austin emergency room in early 2024, killing the driver and injuring five others, KXAN investigators dug into the safety concerns surrounding a hospital without security barriers at its entrance. Our team traveled to dozens of hospitals across Central Texas, analyzed similar crashes across the state and broadened the scope of our research nationwide. We discovered hundreds of crashes at medical centers in the last decade, and also learned there is no legal requirement or industry standard for security barriers that could stop them from happening. Digital: The digital category recognized KXAN's investigative work on including the following projects: A Hanging on Backbone Creek Preventing Disaster A Fatal Fall: The Treysuhr Carter Mystery Austin Stitched Together The Untouchables Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
19-05-2025
- Health
- Yahoo
Hospital bollard bill, sparked by KXAN, gets House hearing
This story is part of KXAN's 'Preventing Disaster' investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital's emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening. AUSTIN (KXAN) — A bill that would require crash-rated safety bollards at most Texas hospitals, sparked by a deadly crash at St. David's North Austin Medical Center last year and a series of KXAN investigations, is set to be heard Monday morning by the House Public Health Committee. For months, the proposal to mandate the vertical security barriers had placed a wedge between the state's nurses, which back the bill, and the lobbyist arm representing the hospitals paying them. 'The safety of nurses and hospital staff should be the highest priority of any healthcare organization,' the Texas Nurses Association previously told KXAN. 'Any and all protection should be considered to ensure our healthcare providers can come to work with confidence that they are protected and working in a safe environment.' While the bill has attracted bipartisan support, it has also found fierce opposition from the Texas Hospital Association — which called Senate Bill 660 a 'one-size-fits-all' mandate and an 'unreasonable administrative cost burden.' READ: Senate Bill 660 requires crash-tested bollards at most Texas hospitals 'Vehicle-into-building crashes are undeniably tragic, but we've yet to see any national studies or scientific evidence that show prevention of these incidents is a pressing, critical need for hospital safety,' THA CEO John Hawkins previously wrote. Since the bill already cleared the Senate, it would need to advance out of the House Public Health Committee and go to a full floor vote before it could be sent to the governor. If that happens, the Texas Health and Human Services Commission would have until Dec. 1 to adopt rules laying out how it would work. With the exception of rural areas, hospitals would have to comply as of Jan. 1, 2026. KXAN reached out to St. David's for comment but did not immediately hear back. We previously asked Ascension, Ally Medical, Baylor Scott & White, and Texas Children's Hospital if they supported the bollard bill. All attended a stakeholder meeting to give input on Austin's bollard ordinance last September. So far, none have responded. EXPLORE: KXAN's 'Preventing Disaster' investigations led to legislative results KXAN began investigating hospital crashes — what cause them, how often they occur and how they can be prevented — following a deadly crash at St. David's North Austin Medical Center on Feb. 13, 2024. We learned there was no local, state or federal requirement for critical infrastructures, like hospitals, to have bollards. Using crash data from the Texas Department of Transportation, the nonprofit Storefront Safety Council, along with police, fire and media reports, we created our database revealing more than 400 crashes at or into medical-related sites across the country over the past decade resulting in more than 20 deaths — data KXAN shared with lawmakers and testified about in front of a Senate panel in March. Those statistics were cited by Sen. Royce West, D-Dallas, who authored the bollard bill after a family injured in the Austin emergency room crash spoke out publicly to KXAN. 'We re-emphasize to the Bernard family: What happened to you is a tragedy and it shouldn't happen again in the state of Texas,' West told KXAN last October. 'And, I'm going to do everything I can in my power to make sure it doesn't happen again.' READ: St. David's statement on opposition to Austin's bollard ordinance The Texas Medical Association, which represents 60,000 physicians and medical students, has not taken a position on the bill but previously said what KXAN uncovered was a 'major problem' and, recently, presented us with an award for our coverage. 'If we can even save one life, and we can make sure it's safer for not only the people that are going to the hospitals, like our patients, but also all employees, I think it's a good thing to be doing,' TMA President Dr. Ray Callas previously said. The bill's latest hearing comes nearly six months after the Austin City Council unanimously passed its own bollard measure — also sparked by our investigations — requiring crash-tested bollards at new hospitals, urgent care clinics and stand alone emergency rooms. After the vote, public records KXAN obtained revealed St. David's, while publicly neutral, privately opposed the measure. Their lobbyist, records show, tried to quash it over St. David's objections that it, in part, 'selectively targets healthcare facilities based on an incident at one of our hospitals.' St. David's said it spent $500,000 last year installing additional bollards before the council's vote. It has repeatedly refused to say whether those barriers are crash-rated — something the ordinance requires of new medical facilities. Former Austin City Council Member Mackenzie Kelly initiated that ordinance. She is expected to testify again in front of the House committee. In March, she told a Senate panel: 'This is not a partisan issue. This is a life-safety issue.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
01-05-2025
- Business
- Yahoo
KXAN investigates: St. David's lobbyist worked to shut down new Austin hospital bollard law
This story is part of KXAN's 'Preventing Disaster' investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital's emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening. AUSTIN (KXAN) — After a deadly crash at St. David's North Austin Medical Center last year, records show the hospital system, through its lobbyist, quietly pushed to stop a city-wide safety measure aimed at preventing another disaster, a KXAN investigation found. The behind-the-scenes effort, the extent of which wasn't public until now, gives a glimpse into the often hidden world of lobbyists — legal and common in politics — revealing how money, access and influence can impact decisions and shape public policy. Chances are, you've never heard of Michael Whellan. But, records show, the Austin attorney and registered lobbyist has the ear of many elected officials in town. Whellan's website leans into his ability to gain access and get things done. He touts his experience 'in obtaining policy changes before City Commissions and City Council.' Because of that, business interests are willing to pay. Public disclosure forms show Whellan makes as much as just under $10,000 per business interest every quarter from a Rolodex of big-name clients: South by Southwest, Circuit of the Americas, Expedia and a subsidiary of Shell. Another client is Eureka Holdings, a real estate developer a KXAN investigation found bought up 70 properties in a historically Black east Austin neighborhood. And, records show, Whellan also represents St. David's HealthCare. That is the same hospital system where a drunk driver crashed into its north Austin emergency room lobby on Feb. 13, 2024, killing herself and seriously injuring five people. There were no safety barriers at the entrance at the time. LOBBYIST SEARCH: See a list of Austin's registered lobbyists and who they represent The incident, and KXAN's investigations, sparked a city ordinance requiring crash-tested security bollards at new medical facilities and existing ones that expand. However, when that proposal came for a final vote in December, Whellan didn't make a public comment — the normal way the public can provide feedback. Instead, he raised concerns privately and directly to Council Members Zo Qadri and Paige Ellis as they sat on the dais. During the Dec. 12 council meeting, in the roughly 10 minutes minutes before the vote, text and call logs obtained from a series of public records requests show Whellan texted Ellis to say broadening the policy to include libraries and child care centers would be 'Crazy.' Crashes have happened in other parts of the country at those locations, including a deadly incident at a Florida day care center that sparked a local barrier ordinance. Just this week, four students aged 4 through 18, were killed killed in Illinois when a vehicle drove into the side of a building housing an after-school program. '[F]ortified city. Good grief,' Whellan texted at 11:57 a.m., during public comment remarks from a resident who supported the measure. 'Feels like we need to breathe on this one.' Ellis didn't respond and voted for the bollard ordinance saying there was 'no reason' it couldn't move forward because it was 'so narrowly tailored.' It ultimately ended up passing unanimously. In a statement, she reiterated there was no need to postpone and said she's 'interested in further discussion' about 'other types of locations that could benefit' from this safety step. 'It is not uncommon that we hear from advocates or lobbyists on various decisions that impact policy,' Ellis said, 'and it is up to us as Council Members to make the decisions we feel best serve the public.' During the meeting, Whellan texted Qadri that Ellis 'may not have seen' his message. He complained the ordinance wasn't 'narrowly drawn' and that was 'the problem.' At 11:55 a.m. — two minutes before the council began discussion on the bollard ordinance — he spoke by phone with Qadri's policy advisor, Natalie Deller, for 46 seconds, phone call records show. Just before noon, Qadri surprised former Council Member Mackenzie Kelly, who initiated the measure, when he announced: 'I'm pushing to postpone this item.' After Deller spoke with Whellan, she relayed a flurry of text message talking points to her boss on the dais, including: 'we don't know what this means for renovations and rebuilds.' Qadri, looking down during the council meeting, appeared to read from something, and spoke. 'I think for me, and some folks I've talked to, I think it's about, you know, we don't know what it necessarily means for renovations and rebuilds,' Qadri said at 12:05 p.m. 'This will save lives:' New Austin law will make hospitals safer, KXAN credited 'We know what it means for, you know, the current structures but not renovations or rebuilds,' he added. 'And, you know, I think not having had the chance to talk to hospital systems and standalone service systems about how it would impact their feasibility of entrance during emergencies are my concerns.' After Qadri's attempt to postpone the bollard vote failed, Whellan texted him and his adviser separately: 'Thanks for trying.' EXPLORE: KXAN's 'Preventing Disaster' investigation that sparked Austin's resolution 'Moving on. Terrible policy,' Whellan told Deller. 'It will impacts lots of people unknowingly.' He let Qadri know his disgust directly: 'Ugh.' Minutes after the vote, Whellan reported back to St. David's HealthCare CEO David Huffstutler and other hospital officials, according to an internal email KXAN obtained from a source. 'Despite an attempt by Council Member Qadri to postpone (at my request), the Bollard Ordinance (attached) passed,' Whellan wrote. 'He just couldn't get others to jump on board with a postponement of the decision on the poorly written ordinance.' The hospital system will now have to 'monitor' the development of regulations to make sure the bollards it already installed 'are compliant,' Whellan told them. St. David's told KXAN it spent $500,000 last year installing additional bollards before the vote. It has repeatedly refused to say whether those barriers are crash-rated — something the new ordinance requires of new medical facilities. Since January, KXAN has requested an interview with Whellan multiple times. A phone message left for him in January was returned by a St. David's spokesperson who said, 'he asked that I call you.' We again followed up with interview requests on Jan. 22, March 6 and March 12. On that last date, the hospital system sent us a statement saying Whellan has represented them since 2010. 'Like many businesses in Austin, as we expand our current facilities and build new facilities to serve the region's growing population, we work with a land use and entitlement attorney on construction projects,' St. David's said in a statement. KXAN asked if that response indicated it would not make Whellan available for an interview, as requested, or if it even asked him. 'The statement is all St. David's HealthCare can provide for this story,' the spokesperson responded. After two months of our interview requests going nowhere, we met up with Whellan at City Hall in March, after he spoke to the city council about a development project. 'We just want to get your side' about a policy matter and public safety issue, KXAN investigative reporter Matt Grant told Whellan as he walked away, not saying anything. 'Did St. David's direct you to try to stop the hospital bollard ordinance vote?' Grant asked. No response. 'You told St. David's leadership that you 'requested' Council Member Qadri postpone the vote. What did you mean by that? … What did you mean when you texted Council Member Ellis during the meeting that expanding the ordinance would create a 'fortified city' and 'we need to breathe on this one?'' Grant continued. 'I'm not sure what you're talking about,' Whellan said as he walked outside City Hall into the light rain. 'We have the text messages right here,' Grant replied, motioning to pages of printed emails and messages. After walking outside, saying he 'need[ed] to head into here,' gesturing towards the AXS ticketing Box Office and Austin City Limits Live Shop across the street, Whellan backtracked and returned to City Hall. As he waited to go through security for a second time, KXAN asked if he had anything to say. 'I forgot my umbrella,' Whellan replied. Following our meeting, Whellan emailed KXAN a two-sentence statement that was nearly identical to the one St. David's previously sent. 'As a land-use and entitlement attorney, I represent St. David's HealthCare in all construction matters,' he said. 'I have served in this role since 2010.' While this type of behind-the-scenes lobbying is legal, and unsurprising to City Hall insiders, that doesn't mean front-of-the-line access is ethical, according to the government watchdog group Public Citizen in Austin. 'It's a blow to transparency, right?' said director Adrian Shelley, who reviewed text and phone call logs KXAN obtained from a public records request. Shelley said this is an example of how 'influence plays out in real-time' and highlights the 'inequality of access' members of the public have with their elected leaders. Generally, he said, people should be concerned anytime special interest groups get special access to policy makers — especially during a vote — away from the public eye. 'It frustrates the ability of the public to participate, meaningfully, in the process,' he said. Public Citizen wants to see more transparency on a state and local level when it comes to lobbyists. While Austin does disclose the names of registered lobbyists, and who they represent, the average person would have a hard time knowing who is privately pushing what policy — and on behalf of whom, Shelley said. One thing to look for that is public: In Austin, when a lobbyist is speaking before the city council, they are supposed to identify themselves as such and say who they represent, he pointed out. Austin's 100 registered lobbyists are required to file quarterly reports showing who their clients are and what price range they are paying as part of an ordinance the City Council passed in 2016. Search through the city's database of lobbyists and business entities. 'You might care just as deeply about an issue as a special interest group,' he told KXAN. 'But, if you don't employ lobbyists, if you don't have a special relationship with a council member, you don't have access to them, you can't influence their decision-making.' Back at City Hall, Qadri defended his move to postpone the bollard ordinance discussion. When asked by KXAN how much of an influence St. David's surrogate had on that decision, he responded: 'Absolutely none.' 'It is accurate to say Whellan had reached out to our office about a postponement,' Qadri said. 'But he wasn't the person carrying the water. He was one of many voices that reached out.' One voice that was 'top of mind' for Qadri was from Awais Azhar, the vice chair of the Austin Planning Commission, he said. Two days before the Dec. 12 vote, Azhar publicly expressed trepidation during a meeting to consider a recommendation on the then-proposed bollard measure. The APC, expressing a desire to see it expanded to other types of buildings, voted to postpone a recommendation, which wasn't needed for the city council to pass the measure. During that meeting, Planning Commissioner Azhar said he was trying to understand the 'scope of the problem' for existing medical facilities. 'I think that's very much the intent here is to add more safety, not add an impediment to emergency services,' Azhar said. 'That's not what we're trying to do here.' Reached for comment, Azhar confirmed he did reach out to Qadri — after Whellan reached out to him 'at least twice' with concerns. That outreach partly influenced his decision to vote against recommending the ordinance, he said. 'They were completely compliant or moving towards compliance,' Azhar recalled Whellan telling him about St. David's decision to voluntarily install bollards. 'So, was it necessary to have an ordinance?' Despite Whellan's objections, Azhar said he was ultimately going to support the ordinance because 'it's something we need.' He wanted a pause to 'iron out' some of the details and questions he had — like if 'alternative' barriers would work instead of crash-rated bollards. Security experts, and tests KXAN witnessed at Texas A&M's Transportation Institute, indicate non-crash-rated bollards would not be as effective. Qadri insists his motion to postpone voting for the measure was something he 'was going to bring forward regardless' of Whellan's lobbying. 'We had heard about unintended consequences, which is something that, yes, Michael [Whellan] shared and sent our way,' Qadri said. 'But, for me, hearing from the Planning Commission and just voices in the district are what's most important and carry the most weight.' Ultimately, he said he 'never wanted to kill' a measure he supports. Rather, the goal was to keep working on it the following month. 'Once we realized we couldn't get the item delayed, I wanted it to pass,' he said. 'I didn't want to be a hinderance or vote against something that's still very much needed, right? We saw what happed in north Austin.' In December, records show Whellan called, texted or emailed almost every council member, or their staff, about various policy matters, including a digital kiosk pilot program. The day after the bollard vote, he spoke on the phone with Council Member José Velásquez for nine minutes and Mayor Pro Tem Vanessa Fuentes for 23 minutes, records show. Both supported the motion to postpone the bollard ordinance. KXAN reached out to Valasquez's office for comment but as of this report has not heard back. 'No bollards in place.' Second crash at St. David's hospital in Austin months after deadly incident 'I was proud to co-sponsor and support efforts for stronger safety measures at our hospitals,' Fuentes said. 'The call in reference occurred after the vote and was unrelated to the item. My decisions are grounded in community needs and a commitment to public safety.' In the lead-up to the vote, St. David's remained neutral — at least publicly. When previously asked to comment on the proposal, the hospital system said it would work with policymakers to 'ensure compliance with any new laws if they are passed.' However, after KXAN told the hospital system about Whellan's email to St. David's and outreach to council members, a spokesperson admitted, for the first time, it was 'opposed to the City of Austin's bollard ordinance' even though 'in general' it 'supports protective barriers, or bollards, at pedestrian entrances to hospitals.' The hospital system said in a statement to KXAN that it felt the measure was 'rushed,' 'incomplete' and 'selectively targets healthcare facilities based on an incident at one of our hospitals.' St. David's added that it felt the proposal was fast-tracked 'to accommodate Council Member Mackenzie Kelly's desire for approval prior to the end of her term.' Kelly, who initiated the ordinance in response to KXAN's investigation and testified in front of a Senate panel in favor of a bill to expand that safety step statewide, said the measure was 'not rushed' but carefully planned out. 'I am thankful for the thoughtful consideration and technical expertise from city staff to create the ordinance,' Kelly said in response to St. David's comment. The hospital system called the ordinance 'overly broad' and, echoing concerns from the Texas Hospital Association, said it creates an 'unfunded mandate' that could 'financially challenge smaller healthcare providers.' 'People driving under the influence, or the risk of injury from a vehicle breaching a building for any reason, can happen anywhere and at any type of business,' a spokesperson for St. David's said. 'If the goal is truly to protect people, the focus should be on identifying those vulnerable locations, comprehensively, rather than singling out healthcare facilities.' Using data from the nonprofit Storefront Safety Council, TxDOT, police, EMS and media reports, a KXAN analysis found more than 20 deaths and 400 crashes involving medical sites across the country over the past decade — a startling statistic that was recently highlighted by state lawmakers. St. David's, in a statement, claimed the ordinance 'passed without the necessary technical details, industry input or consideration for its broader implications.' In response, Austin Transportation and Public Works said the ordinance only impacts development permits submitted after the ordinance took effect on Dec. 23, which, so far, doesn't apply to any facility, including St. David's. 'The requirements of the ordinance would impact any qualified project where a site plan is submitted, the parking area is modified, a new facility is built or an existing facility is renovated,' TPW spokesman Brad Cesak said. The criteria for security bollards is 'under development' and expected be integrated into the Transportation Criteria Manual during the next rules cycle, consistent with City Code, he added. 'Until those updated criteria have been integrated,' Cesak said, 'the City of Austin provides applicants with technical guidance which are consistent with City regulations.' That technical guidance says crash-tested bollards should adhere to standards set by organizations like ASTM International, which as KXAN previously reported, is recommended by security experts. The city also pushed back on St. David's assertion that there was no 'industry input.' 'We can confirm a representative from St. David's was part of the stakeholder meeting that occurred,' Cesak said. St. David's did not respond when we asked about that point. It turns out, St. David's representative was Whellan, according to meeting records. The stakeholder group, which met on Sept. 18, gave input on the ordinance three months before it went for a council vote. On Aug. 16, Austin Transportation and Public Works contacted the assistant vice president of media relations for St. David's HealthCare, Erin Ochoa, with an invite 'to discuss the proposed ordinance,' records show. 'I've copied Michael Whellan on this email,' Ochoa wrote back, 'he will take the lead to assist you with this.' Whellan attended the virtual meeting as a representative of HCA Healthcare, the for-profit ownership partner of St. David's HealthCare, records show. Ally Medical ER, Ascension, Baylor Scott & White and Texas Children's Hospital were also represented. Now, an effort to expand the ordinance that started in Austin is working its way through the Texas legislature. Senate Bill 660, filed by Sen. Royce West, D-Dallas, backed by the Texas Nurses Association and sparked by KXAN's investigations, would require crash-rated bollards at most hospital entrances statewide. It would exempt hospitals located in rural areas with a population size of 68,750 or fewer, hospitals with 100 beds or fewer, and facilities that already have crash-rated bollards or 'another similar safety barrier' in place. St. David's referred questions about bollards to the Texas Hospital Association, which opposes the bill and called it a 'one-size-fits-all' mandate. In April, SB 660 cleared the Senate and was referred to the House Public Health Committee. Qadri told KXAN he's 'keeping a close eye' on that bill, 'because I do see a need for life-saving measures, like bollards.' On that, Kelly agreed. 'This is about saving lives,' she said, 'and mitigating disaster before tragedy strikes.' Graphic Artist Wendy Gonzalez, Director of Investigations & Innovation Josh Hinkle, Investigative Producer Dalton Huey, Investigative Photojournalist Chris Nelson, Digital Special Projects Developer Robert Sims and Digital Director Kate Winkle contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
