February 27, 2015 – Observation Status

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The Virginia General Assembly is on track to end the 2015 session by Saturday, February 28th.  They have adopted mutual amendments to the Governor’s budget, and have completed work on most of the bills that will be approved by the legislature.

Once such bill dealt with a hospital’s duty to notify a patient when they are on “observation” status only.  There are times when a person can be in the hospital for a long period – sometimes days – but not be formally “admitted.”   Advocates for the elderly and for people with disabilities argued that this practice  results in confusion for the patient (who may think they have been admitted) and sometime carries serious financial consequences with insurance and later nursing home admission.

There were two bills before the state Legislature that would require the hospital to inform patients who have not been admitted that they are only on observation status.  The proposed legislation does not prevent the use of observation status, it merely requires notice to the patient.

HB 1509 (Sullivan) was killed in a subcommittee of House committee on Health Welfare and Institutions.  However, SB 750 (Black), an identical bill, was approved by both the full Senate and the full House.  It now goes to the Governor for review.  The Governor’s response deadline is March 30, 2015.  The bill was supported by the Virginia Elder Rights Coalition and other organizations.

The disAbility Law Center of Virginia monitors developments in the legislature that may be of interest to people with disabilities.  Our mission is, through zealous and effective advocacy and legal representation, to protect and advance the legal, human and civil rights of people with disabilities, to combat and prevent abuse, neglect and discrimination, and to promote independence, choice and self-determination by persons with disabilities.