Austin Council approves hospital safety change plan sparked by KXAN report

Project Summary:

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) – After a deadly car crash inside an Austin emergency room waiting area in February injured five people, the Austin City Council unanimously approved a major safety measure Thursday to increase security at hospitals across the city.

The resolution, backed by the city’s EMS union, starts a code change process that could soon require all new hospitals to install crash-rated vertical barriers, called safety bollards, which experts say can save lives. It was filed in direct response to a KXAN investigation .

The city manager has until Oct. 31 to come up with a code amendment for a final council vote.

“The team at KXAN did such a good job of explaining the problem and providing potential solutions that it would have been stupid for me not to have looked into this as a solution for the city of Austin,” said Council Member Mackenzie Kelly, who directed her staff to look into a code change in the middle of watching a KXAN investigation into the Feb. 13 fatal crash at St. David’s North Austin Medical Center.

She is confident the safety measure will get final approval.

The Bernard family – who were badly hurt in the incident and shared their story exclusively with KXAN – strongly supported the resolution.

“It’s past time for these safety bollards to be in place,” Levi Bernard told KXAN after the vote. “This legislation will prevent further tragedies and save lives. While it doesn’t spare my family from the devastation we suffered, it will spare others and for that we are relieved and grateful.”

It was the reason the family decided to speak out in the first place.

“One of the main reasons we’re talking to (KXAN) now, and having this conversation, is because we’re hoping it will have an impact,” Levi said in May. “The fact that it happened to us is something that should just be used as an example of what shouldn’t happen in an ER.”

‘Special thank you to KXAN’

In public remarks, Kelly said she extended her “heartfelt gratitude” to her resolution’s co-sponsors and gave a “special thank you to KXAN’s Matt Grant,” crediting our coverage for bringing “this issue to light.” She applauded the Bernard family for sharing their story publicly – which sparked this “critical public safety item.”

“To the family: Your willingness to share your story publicly despite the immense pain caused by the tragic accident your family experienced is admirable,” Kelly said. “My deepest sympathies are with you for all that you have endured.”

Nadia and Levi Bernard planned to testify in favor of the resolution but couldn’t make it due do doctor appointments.

“Please know that your courage in the face of adversity is not in vain,” Kelly said in public remarks directed at the Bernard family. “The awareness generated from your experience is driving significant positive change in your community to prevent such tragedies from occurring again.”

She wants to present the family with a copy of her resolution signed by the entire council at a future date.

“I would want to let the family know that while they experienced a tragedy,” Kelly said after the vote, “it’s my hope that this never, ever happens again.”

‘Lifesaving initiative’

The council unanimously approved Kelly’s resolution, which credited “a KXAN investigation.” It directs the city manager to start drafting a land development code amendment. That amendment would require new hospitals install crash-rated bollards . It also directs the city manager to examine incentivizing existing hospitals to voluntarily install bollards and, in some cases, trigger a requirement whenever a new permit is filed – when a hospital wants to expand, for example.

In February, a drunk driver plowed into the ER lobby “at a high rate of speed,” according to the police report and surveillance video viewed by KXAN. The driver died and injured at least five people, including Nadia and Levi Bernard and their two toddlers . The hospital installed a dozen bollards after the crash. At least five were installed after a KXAN report. A million-dollar lawsuit filed by the victims accuses St. David’s, one of the largest health systems in Texas, of “gross negligence” for not having bollards, arguing that could have prevented the deadly crash had they been in place beforehand.

“For my clients, the fact that this happened to them is completely unacceptable,” Austin trial attorney Sean Breen, who represents the Bernard family, previously told KXAN. “They’re still dealing with it. It was totally unnecessary. It was totally preventable. And, what they really, really want is for nobody else to have to go through what they’ve gone through.”

St. David’s would not comment on the lawsuit but did respond, briefly, to the vote.

“St. David’s HealthCare will work with policymakers to ensure compliance with any new legal or regulatory requirement, if they are passed,” the hospital group said in a statement.

Following the crash, KXAN traveled to the Texas A&M Transportation Institute to watch firsthand how effective crash-rated bollards can be at stopping the equivalent of a 5,000-pound vehicle, similar to a Dodge Ram pickup truck, traveling at 20 miles per hour.

In May, Council Members Kelly and Vanessa Fuentes expressed interest in a bollard requirement after watching KXAN’s investigation . Fuentes co-sponsored Kelly’s resolution, along with Council Members Ryan Alter and Jose “Chito” Vela.

“These crucial safety measures are vital for protecting our community, especially in places where they seek care,” Fuentes told KXAN in a statement after the vote. “I’m grateful to support this lifesaving initiative.”

Kelly’s resolution has the support of the Austin EMS Association, which represents over 500 EMS employees in Austin and Travis County. The organization’s president, Selena Xie, said she was “very happy to support” the public safety measure.

“[I]t will prevent one kind of accident that could threaten the lives of other people that are already potentially sick,” Xie said.

The Texas Nurses Association had no comment on the measure but previously told KXAN it “supports efforts to research risks to medical facility staff and patients.”

“It is important to identify top risks and alleviate those risks,” the TNA said.

Another hospital group, Baylor Scott & White, said the “health and safety of our patients, visitors and staff continues to be the highest priority” but would not give an opinion on the bollard requirement.

“We have a number of safety protocols at our facilities throughout Texas,” a statement from Baylor Scott & White Health said. “We appreciate the conversation on safety measures as we continue our efforts to keep those visiting our facilities safe.”

Ascension Seton did not comment on the vote but previously told KXAN it works with policymakers on various issues regarding “the health and safety of our employees, patients and their families” and would work with officials “to ensure compliance with any new laws.”

The Texas Hospital Association downplayed any potential bollard requirements.

“We don’t have anything to add at this time, as we have not seen any national studies or science indicating that these are one of the more pressing, critical components to keeping hospital patients safe,” said THA spokeswoman Carrie Williams. “Patient safety is of paramount importance to the hospital industry.  As one of the most regulated industries in the country, hospitals follow hundreds of state and federal standards every day related to patient safety – everything from infection control to architectural standards.”

There are no local, state or federal requirements for hospitals to have bollards.

KXAN also reached out to Austin police for comment on the potential bollard mandate, since its officers responded to the crash. We have not yet heard back but will update this report if we do.

“After we spoke, I moved forward by taking action to prevent accidents like these from occurring in the future,” Kelly previously said. “I wanted to make sure every resident in the city of Austin is safe when they are visiting a hospital or emergency room.”

“If we can save one life with this new city policy, it will be worth our time and effort as a council,” Kelly said. ” I would hate to see another preventable incident occur and wonder if we could have done something to prevent another tragedy.”

Congressman wants federal review, credits KXAN

The vote in Austin comes amid growing calls for hospital safety after KXAN found more than 340 crashes involving medical centers in the US in the past decade, according to media reports and data from TxDOT and the Storefront Safety Council .

The SSC has helped pass similar bollard ordinances around the country, including Alabama and California . At least three bollard laws were sparked by deadly accidents:

• A 6-year-old was killed in a crash at a dentist’s office in Midfield, Alabama in 2017.
• A 73-year-old was killed in a crash at an ice cream shop in Artesia, California in 2014
• A 4-year-old was killed in a crash at a daycare center in Orange County, Florida in 2014.

A College Station city councilman and a state senator are actively looking into similar bollard requirements.

Congressman Lloyd Doggett, D-Austin, has asked for a federal review of all government facilities in the southwestern U.S. to see whether bollards are needed.

Less than a week ago, Doggett again asked the General Services Administration to look into how many federal facilities are unprotected and vulnerable, specifically including Travis, Williamson and Hays counties, and the Austin area.

“In response to my inquiry, the General Services Administration, which is responsible for federally occupied buildings, has indicated informally, that a number of Central Texas facilities lack safety bollards,” Doggett said. “Clearly, the lack of safety bollards or other preventative measures extends far beyond hospitals and medical facilities. As I continue encouraging greater safety for visitors and employees at federal facilities such as Social Security and Veterans Administration offices, I’m grateful for KXAN’s investigative reporting that has helped spur a necessary push for change and accountability.”

On July 8, a regional GSA spokesman told KXAN he was “working on” a statement in response to Doggett’s first letter. Despite multiple follow-up emails, we have yet to receive a comment. We will update this report if we do.

In a second letter to the GSA sent July 12, Doggett said this issue came to his attention from “an in-depth KXAN investigation by Matt Grant” following the deadly crash at St. David’s. His letters linked to our reporting.

“This troubling incident, and similar, have increased calls for installing safety bollards or posts to prevent vehicles from crashing into buildings,” Doggett wrote. “With growing security concerns in recent years, I anticipate many federal buildings have such protections, but I seek your answers.”

For the latest news, weather, sports, and streaming video, head to KXAN Austin.