Before the new changes, Texas law allowed hospitals to withdraw treatment for any reason, including a perceived low "quality of life." After providing ten days notice to family members, the hospital can remove life-sustaining treatment such as ventilators. Family members can use that time to try and find another hospital willing to provide treatment, but they must do so in a high-pressure situation with a short deadline.
The law made national news in recent years when the mother of Tinslee Lewis filed a lawsuit to protect her daughter from denial of treatment by Cook's Children's Hospital. Tinslee was born premature with a condition that caused her heart to press against her lungs. On April 7, 2022, after over 800 days of fighting the hospital in court, Tinslee was healthy enough to go home.
The new legislation takes steps to improve Texas's countdown law, but it leaves many aspects in place. It extends the countdown from ten days to 25 days, prohibits hospitals from withdrawing treatment based on a patient's "quality of life," prohibits hospitals from imposing countdowns on competent patients, and requires hospitals to perform procedures necessary to facilitate a patient transfer before imposing a countdown.
Texas Right to Life argues that patients will still be in danger until legislators eliminate the countdown law altogether, improve laws to protect disabled patients from discrimination, and guarantee impartial review by a judge.
The "25-Day Rule" is set to take effect on September 1, 2023.
