Heated exchange on hospital 'hallway beds' as lawmaker seeks statutory fix

An extended exchange between Representative Rutherford and Doctor Simmer focused on patients placed in hospital hallway beds during surges and whether DPH should enforce the existing state fire code as written or seek statutory relief.

Rutherford said enforcement without practical options or funding can leave hospitals unable to manage volume, questioned whether enforcement is consistent across hospitals, and asked whether the department would prefer that hospitals send patients away rather than place them in hallway beds. Simmer said the department recognizes the safety risks of hallway beds and is working with hospital leaders to find alternatives such as using conference rooms or placing a physician at triage to reduce the need for beds; he added DPH will propose legislative language developed with the hospital association and the governor’s office that would allow limited, legally authorized exceptions when necessary. Simmer told the committee that active enforcement actions have been paused while the legislature considers statutory change.

Both speakers emphasized patient safety: Rutherford stressed getting patients seen and cared for promptly; Simmer emphasized research showing worse outcomes for hallway beds and described the department’s intent to minimize hallway use while acknowledging there are times when no alternative exists. Simmer invited Rutherford and other members to work on the proposed statutory language.

Ending: Simmer said he will present draft language and asked legislators for support; the hearing did not adopt any changes on the record.