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Texas lawmaker plans to re-file hospital bollard bill despite ‘very aggressive' lobbying
Texas lawmaker plans to re-file hospital bollard bill despite ‘very aggressive' lobbying

Yahoo

time4 days ago

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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.

Hospital bollard bill dies under Texas industry pressure
Hospital bollard bill dies under Texas industry pressure

Yahoo

time25-05-2025

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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.

Hospital bollard bill, sparked by KXAN, gets House hearing
Hospital bollard bill, sparked by KXAN, gets House hearing

Yahoo

time19-05-2025

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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.

Hospital safety bollard bill, sparked by KXAN, clears Senate
Hospital safety bollard bill, sparked by KXAN, clears Senate

Yahoo

time09-04-2025

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Hospital safety bollard bill, sparked by KXAN, clears Senate

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 to require crash-rated safety bollards at hospitals across the state is one step closer to becoming law after clearing the Senate Wednesday in a vote of 23-7. The security step is a direct response to KXAN's 'Preventing Disaster' investigations following a deadly crash at St. David's North Austin Medical Center last year. 'In recent history, reports of crashes at hospitals or emergency room entrances have surged members,' Sen. Royce West, D-Dallas, who filed the bill following KXAN's investigation, told lawmakers on Tuesday during the bill's second reading. 'This issue has not only intensified in Texas but also has been reported across the United States, resulting in numerous tragedies.' Last month, KXAN investigative reporter Matt Grant was invited to testify in front of a Senate panel about our own data analysis, which found hundreds of crashes at medical sites across the country resulting in at least 20 deaths over the past decade — a startling statistic that West highlighted. EXPLORE: Preventing Disaster investigation uncovers hundreds of crashes nationwide 'According to media and official reports in the United States, there have been over 400 crashes into medical facilities in the last decade,' he said, referencing KXAN's findings. 'Additionally, in the state of Texas, alone, there have been more than 100 incidents since 2014.' In response to industry concerns raised about Senate Bill 660, West filed a committee substitute that exempts hospitals in rural areas with a population of less than 68,000 people. Hospitals that already have bollards 'or similar type of effective device' are also exempt. The Texas Hospital Association opposes the safety step, calling it an unfunded mandate that unfairly targets medical facilities. Former Austin City Council Member Mackenzie Kelly, who initiated a city ordinance requiring crash-rated bollards at new hospitals, urgent care clinics and standalone emergency rooms — which unanimously passed and took effect in December — was also invited to testify in March. She told lawmakers expanding Austin's safety measure statewide will save lives. 'I'm proud that Austin was able to lead the way on this critical safety issue, and I'm grateful to see the Senate pass SB 660 today,' Kelly told KXAN Wednesday. 'After meeting with KXAN and the Bernard family affected by the crash at St. David's North Austin Medical Center, I knew we had to act.' One of the votes against the measure came from Sen. Bob Hall, R-Edgewood. Last month, he called KXAN's findings a 'major problem' and said he supported the bill's goal. At the time, Hall told us if hospitals 'aren't going to' install bollards, 'we in the legislature have a responsibility to protect the people of Texas.' 'Senator Hall does support the goal and feels that Hospitals should be proactive in this endeavor,' his chief of staff told KXAN in an email Wednesday after the Senate vote. 'He just could not get to the point to require it of them.' The bill now goes to the House where it awaits a committee assignment. A companion House bill, HB 5392, a companion bill, was referred to that chamber's Public Health Committee this week and awaits a hearing. 'I hope the House will also pass this bill expediently so Texas can protect patients, families and healthcare workers at emergency rooms across Texas,' Kelly said. 'This is about saving lives and mitigating disaster before tragedy strikes, not partisan politics.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Senate panel hears testimony on hospital bollard bill sparked by KXAN
Senate panel hears testimony on hospital bollard bill sparked by KXAN

Yahoo

time18-03-2025

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Senate panel hears testimony on hospital bollard bill sparked by KXAN

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) — The Texas Senate Health and Human Services Committee will hold a public hearing Tuesday afternoon on a hospital safety bill directly sparked by a series of KXAN investigations. The committee, which meets inside the Senate chamber at 1 p.m., is set to hear testimony related to Senate Bill 660 and 'the installation of bollards or another safety barrier adjacent to certain hospital emergency rooms,' according to the public notice. READ: Full text of Senate Bill 660, sparked by KXAN investigation The bill — which has bipartisan support — was filed by Sen. Royce West, D-Dallas in response to KXAN's investigation into a deadly accident at St. David's North Austin Medical Center in February of last year. If it passes, it would require crash-rated security bollards at emergency room entrances 'located near an area with vehicular traffic.' Levi and Nadia Bernard and their two toddlers were run over inside the hospital lobby by a driver whose blood-alcohol level was three-to-four times the legal limit to drive, according to the toxicology results. The family shared their story exclusively with 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 previously said in a message aimed at the family of four. 'And, I'm going to do everything I can in my power to make sure it doesn't happen again.' Hospital safety bill gets bipartisan support a year after deadly St. David's crash Sen. Lois Kolkhorst, R-Brenham, who chairs the committee, called West's proposal 'common sense.' Sen. Bob Hall, R-Edgewood, who also sits on the committee, said what KXAN uncovered — more than 400 crashes at or into medical facilities nationwide of the past decade — is 'a major problem.' 'If [hospitals] aren't going to' install crash-rated bollards, Hall warned from his Capitol office, 'then we in the legislature have a responsibility to protect the people of Texas.' Former Austin City Council Member Mackenzie Kelly is expected to testify in favor of the bill. In December, the council unanimously approved an ordinance requiring crash-rated bollards at new medical facilities and existing ones that expand. The change was initiated by a resolution Kelly filed months earlier, which she asked staff to draft in the middle of watching a KXAN investigation. St. David's North installed bollards after the deadly crash and KXAN's questions. However, the hospital would not tell us, despite multiple attempts, if any are crash-rated. Watch: Texas-tested security barriers could prevent ER crash disaster Without a uniform statewide standard, KXAN found a patchwork system where some hospitals are protected while others are left vulnerable. Associations representing Texas nurses and physicians have spoken positively about the bill. The safety steps are opposed by the Texas Hospital Association, which calls them 'misguided' and 'an unreasonable administrative cost burden.' This is a developing story. Please check back for updates. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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