Failure of Leadership: The Denial of the Patients’ Bill of Rights in Oklahoma
Husband and wife, Gerald and Lori Brand, of Oklahoma City
Courtesy: Brand Family
In a stunning display of the influence of special interest groups over our legislative process, the Oklahoma Senate recently refused to hear House Bill 1013, known as the Lori Brand Patient Bill of Rights Act of 2023. This bill, which aims to safeguard patients' rights in medical facilities, passed the House without opposition, garnering a unanimous vote of 94-0. Yet, it was blocked from being heard in the Senate. The reason according to Senator Jessica Garvin? The powerful Hospital Association, a major donor to many state senators, stated they did not want it to be heard.
Special Interests vs. Constituent Rights
The crux of the issue lies in the undue influence that special interest groups wield over our elected officials. This latest example is a stark reminder that these groups often hold more sway than the constituents and taxpayers the legislators are supposed to represent. When the Hospital Association voiced its opposition to HB 1013, Senate leadership, including Speaker Pro Tem Greg Treat and his successor Greg McCortney, acquiesced without hesitation, denying the bill its deserved consideration.
The Human Cost of Legislative Inaction
The failure to hear the Patients’ Bill of Rights is not just a procedural issue; it has real, human consequences. Lori Brand's family, like many others, has experienced firsthand the devastating impact of a lack of patient rights. Their story begins during the COVID-19 pandemic when her family faced unimaginable hardships due to restrictive hospital policies and a lack of patient autonomy.
The Ordeal
Lori Brand's husband, Gerald Brand, and their adult daughter, Alissa Cartwright, found themselves in a desperate situation when Lori was hospitalized during the height of the COVID-19 pandemic. Due to stringent hospital policies aimed at controlling the spread of the virus, Lori was essentially held captive in the hospital. These policies eliminated family visits, leaving her isolated and without the emotional support of her loved ones.
The hospital initially did not allow any family members to stay with Lori, a situation that caused significant distress for both Lori and her family. After persistent appeals, the hospital permitted Lori's daughter to stay, but under extremely restrictive conditions. She had to remain in the hospital 24/7 and was not allowed to leave at all. This meant she couldn't even step outside for a breath of fresh air or to take care of other essential tasks. While the global pandemic provides some understanding of these restrictions, the issues did not stop here.
The Lack of Transparency
During Lori's hospitalization, her family encountered numerous challenges related to transparency and communication with the medical staff. They struggled to get clear and consistent information about Lori's treatment and condition. They were sometimes left in the dark about crucial medical decisions and their rationale. This lack of transparency heightened their anxiety and frustration, making an already difficult situation even more unbearable.
Questions of Patient Autonomy
The restrictive policies Lori's family faced raise significant questions about patient autonomy. For instance, what rights do patients and their families have regarding visitation and the ability to leave the hospital? In Lori's case, the hospital's policies effectively stripped her and her family of these rights, placing them under the institution's control without the ability to leave. Does a global pandemic or another unforeseen future event give hospitals and care providers the power to make unilateral decisions without patient consent, and if so, at whose discretion?
Unanswered Questions and Accountability
Lori's story also highlights the issue of accountability in medical care. There have been instances where patients received incorrect or excessive doses of medication, sometimes with severe consequences. In Lori's situation, there were moments of confusion and uncertainty about the treatment she was receiving. The family often felt they were not given adequate explanations or answers to their questions. Alissa recounts times when physicians belittled her and generally were condescending when she asked questions.
“Some of the physicians there asked if I had a degree. I was called a Dr. Google, which I found very offensive just for the fact that I was trying to advocate for my mom,” she told KGOU last June.
A Pattern of Corruption and Deflection
This is not an isolated incident. The pattern of legislative leaders bowing to special interests is a recurring theme in Oklahoma politics. Recently, when two Republican senators attempted to filibuster in protest of such behavior, they were labeled as "terrorists" by Treat and McCortney. These senators were exercising their right to filibuster—a legitimate legislative tactic—to draw attention to the unjust actions of Senate leadership. Instead of addressing the underlying issues, Treat and McCortney chose to vilify their colleagues, further illustrating the corruption that permeates the state senate.
What is the Patients’ Bill of Rights?
The Lori Brand Patient Bill of Rights Act seeks to address several key issues:
Ensuring patients have the right to receive visitors of their choosing.
Barring medical emergencies, patients can leave medical facilities when they wish.
Mandating transparency and accountability in the administration of medical treatments and medications.
Providing patients and their families with clear information about their rights and the procedures of medical institutions.
The Bigger Picture
This incident highlights a broader issue: the escalating influence of money in politics. Over the past fifty years, the budget and deficit have soared, and special interest groups have only grown more powerful. They wield this power to ensure that legislation favorable to them is passed while important bills like the Patients’ Bill of Rights are suppressed. This begs the question—why would any lawmaker, supposedly serving the public, want to keep their constituents in the dark?
The Path Forward
Understanding and discussing the Patients’ Bill of Rights is crucial. Despite the efforts of special interests to silence this conversation, we must persist. The rights and dignity of patients should never be compromised for the sake of financial contributions to political campaigns. It's time for our elected officials to prioritize their constituents' welfare over their donors' demands.
The denial of HB 1013 by the Oklahoma Senate is a clear example of how corruption and special interests can undermine the democratic process. We must hold our leaders accountable and demand transparency and integrity in our legislative system. Only then can we ensure that the rights of all Oklahomans are protected and upheld.
Take Action Now: Advocate for the Patients’ Bill of Rights
The story of Lori Brand and her family powerfully reminds us of the urgent need for legislative reform to protect patient rights. We cannot allow special interest groups to dictate the terms of our healthcare and strip away our rights.
Here’s how you can help:
Contact Your Legislators: Contact your state senators and representatives and demand that they support the Lori Brand Patient Bill of Rights Act of 2023 (HB 1013). Make your voice heard and insist that this bill get its deserved hearing. Find your Legislator here.
Spread the Word: Share Lori’s story with your friends, family, and social media networks to raise awareness and build a community of advocates.
Join Advocacy Groups: Get involved with organizations that fight for patient rights and healthcare transparency. Your support can help amplify their efforts and bring about meaningful change.
Stay Informed: Follow updates on this issue and stay engaged with the legislative process. Knowledge is power, and staying informed will help you advocate more effectively.
Together, we can ensure that the rights and dignity of all Oklahomans are protected. Stand with us and fight for a governing system prioritizing people over profits.