Sachs-Roberts Law Allows Loved Ones Nearby
OPINION —
The dreadful scenes — grandchildren looking up from a parking lot, long-married couples saying “goodbye” by phone, all manner of human beings dying alone. These were common sights at hospitals, homes for the elderly and anywhere people were trying to hold, kiss and say final words of love. It came about due to restrictions during the pandemic of the early 2020s.
“I’m slightly pessimistic about human nature — how close it’s possible to bond with those around you,” said Jonathan Trigell, a British novelist. “Dying alone is a deep fear for most people. I’m not scared of death, but I’m scared of dying scared. Maybe everything else in life comes from those two points: the separation anxiety of childhood and the ultimate fear of dying alone.”
Russian-born actor Yul Brynner had another take: “We are born alone, we live alone, we die alone. Everything in between is a gift.”
State Sen. Garlan Gudger sponsored Senate Bill 113, concerning patient visitation. He represents District 4: the counties of Cullman, Marion and Winston. Gov. Kay Ivey signed the bill into law in April. She explained that having the ability to visit a loved one in a hospital or nursing home must be a fundamental right.
“However, all over the country during the pandemic, many family members, caregivers and even clergy were denied access to visit and provide emotional support to patients in health care facilities,” Ivey said. “Such restrictions defy the norms of a caring society, and I was pleased to sign this legislation to signal that in Alabama, we support our patients having this fundamental right.”
The legislation was called the Harold Sachs-Anne Roberts Act for Sachs, chief of staff of the Alabama Republican Party. It is also named for Roberts, the wife of state Sen. Dan Roberts, a Republican representing District 15. Both Sachs and Roberts died alone because under pandemic restrictions, not even a family member could be there as they fought COVID-19.
My wife and I had to endure the pandemic-mandated separations due to my having major heart surgery in February 2020. That’s right, just as COVID-19 restrictions were hitting their height. But the medical team at East Alabama Medical Center did a flawless job. We were able to get together, with masks on and within the required physical distance.
We were granted a half-hour in the morning and a half-hour in the late afternoon before and after my triple bypass heart surgery. Yet there were people in many hospitals and nursing homes who died without the people they most loved present or endured a long wait to see them again. This is why Sachs-Roberts is needed so much.
“Unfortunately, Harold and Anne’s stories are not unique,” said John Wahl, chairman of the Alabama Republican Party. “We would like to thank the Sachs family for their tireless efforts, as well as the bill sponsors and the State Legislature for defending medical freedom in Alabama. As Harold Sachs always said, ‘Never be afraid to fight for what is right.’”
State Rep. Debbie Wood (R-Valley) represents the 38th District. For several years, she has pursued changes in patient visitation rights for emergencies. “When you are in a hospital, when you are in a nursing home, you need an advocate,” Wood told a Montgomery journalist. “So many people in Alabama lost their advocate. We could no longer visit our loved ones. This would set a minimum standard for visitation.”
This law requires health care facilities to adopt certain visitation policies by providing that patients have a right to certain visitation. It also allows patients to designate an essential caregiver and to guarantee caregivers certain visitation rights. It prohibits a health care facility from adopting a visitation policy more stringent than certain employee policies.
Furthermore, it prohibits a health care facility from requiring visitors to show proof of vaccination or from prohibiting consensual physical contact between visitors and patients. On the internet, you can access Senate Bill 113 (patient visitation) or for background, AL House Bill 3. Both are on Legi-Scan.
This law is promising, brought forth by leaders such as Gudger, Wood and a highly supportive Ivey. Since we are chastened by COVID-19, we will be better next time. Visitation rights will be discussed from the beginning, one expects. The tragic, lonely end of many Americans in the COVID-19 era will not be recompensed, but Sachs-Roberts will help future patients immensely.
As Prussian Gen. Carl von Clausewitz noted, “No plan survives the first contact of war.” But at the next public health emergency, most hospitals and health care facilities will be familiar with Sachs-Roberts. Terrible scenes — grandchildren blowing kisses from a bench, couples saying “goodbye” by phone and people dying alone will be rare. This law shows that good, transformative legislation still thrives on Goat Hill.
Greg Markley first moved to Lee County in 1996. He has master’s degrees in education and history. He taught politics as an adjunct in Georgia and Alabama. An award-winning writer in the Army and civilian life, he has contributed to The Observer for 12 years. gm.markley@charter.net