Nursing Home Abuse in Ohio

Ohio Nursing Home Laws and Regulations

Unfortunately, nursing home abuse and neglect happens all too often throughout the country. In recent years, the federal government has been working on this issue by regulating nursing homes and assisted living facilities to a much greater degree. However, states have chosen to go beyond this as well, and this is true of Ohio. If you have a loved one who is in a nursing home, then you need to be familiar with Ohio nursing home laws and regulations. That’s because, if those laws are not being followed, you will need to take action to protect your loved one from abuse and neglect. So, let’s take some time to discuss Ohio nursing home laws and regulations so that you will understand more about them.

The Rights

Patients have rights even when they are living in nursing homes in Ohio. The main right is that they can voice their complaints concerning abuse and neglect, and they should never have to worry about backlash from making the complaint. The Ohio common law states that all assisted living facilities must adhere to a nursing home bill of rights. This is a big part of Ohio nursing home laws and regulations in order to protect patients. This residents’ bill of rights include:

• The right to have a living environment that is both safe and clean based on programs set forth by Medicare and Medicaid.
• The right to not suffer from any form of abuse, including physical, emotional, and verbal.
• The right to always be treated with courtesy and respect.
• The right to appropriate and adequate medical treatment either through the nursing facility itself or through ancillary services.
• The right to have reasonable requests or concerns responded to as soon as possible.
• The right to have clean and sanitary environments including clothes and bedsheets.
• The right to, upon request, obtain the information on the physicians who are providing patient care.
• The right to be assigned, within reason, the physician on staff of the patient’s choosing.
• The right to participate in life decisions.
• The right to withhold payment for physician care if the physician did not visit the patient.
• The right for confidentiality in treatment and medical records.
• The right to privacy during medical examinations as well as in caring for personal needs.
• The right to refuse medical care.
• The right to be free from either physical or chemical restraints as well as prolonged isolation or that these methods will only be used when absolutely necessary.
• The right to all civil rights.
• The right to access opportunities for education, vocational training, and recreation within the facility.
• The right to consume alcoholic beverages at the resident’s expense and within reason.
• The right to use tobacco at the resident’s own expense and while following safety laws and rules.
• The right to go to bed and go to sleep according to resident request and within reason.
• The right to observe religious obligations and activities.
• The right to private and unrestricted communications with family, friends, social workers, and doctors.

These rights are quite extensive under Ohio nursing home laws and regulations, and you can read all of them here.

If you see any cases of nursing home abuse or neglect, then you have the right to report this according to Ohio nursing home laws and regulations. You can report abuse by visiting www.OhioHopes.org or by calling the Ohio Department of Health Complaint Unit at 1-800-669-3534. It is available 24 hours, and live call coverage lasts from 8 am to 5 pm, Monday through Friday. Nursing home abuse will not be tolerated, and this is the purpose of Ohio nursing home laws and regulations.

Resources:

http://k3img.kioskvs.com/adcare/NHR-BOR-Small.pdf

http://ohiohopes.org/elder-abuse/reporting-and-how-to-report/

http://www.odh.ohio.gov/odhPrograms/dspc/complnt/complnt1.aspx