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To amend sections 3721.13 and 3721.18 of the Revised | 1 |
Code to permit a resident of a nursing home to | 2 |
conduct electronic monitoring of the resident's | 3 |
room. | 4 |
Section 1. That sections 3721.13 and 3721.18 of the Revised | 5 |
Code be amended to read as follows: | 6 |
Sec. 3721.13. (A) The rights of residents of a home shall | 7 |
include, but are not limited to, the following: | 8 |
(1) The right to a safe and clean living environment pursuant | 9 |
to the medicare and medicaid programs and applicable state laws | 10 |
and rules adopted by the director of health; | 11 |
(2) The right to be free from physical, verbal, mental, and | 12 |
emotional abuse and to be treated at all times with courtesy, | 13 |
respect, and full recognition of dignity and individuality; | 14 |
(3) Upon admission and thereafter, the right to adequate and | 15 |
appropriate medical treatment and nursing care and to other | 16 |
ancillary services that comprise necessary and appropriate care | 17 |
consistent with the program for which the resident contracted. | 18 |
This care shall be provided without regard to considerations such | 19 |
as race, color, religion, national origin, age, or source of | 20 |
payment for care. | 21 |
(4) The right to have all reasonable requests and inquiries | 22 |
responded to promptly; | 23 |
(5) The right to have clothes and bed sheets changed as the | 24 |
need arises, to ensure the resident's comfort or sanitation; | 25 |
(6) The right to obtain from the home, upon request, the name | 26 |
and any specialty of any physician or other person responsible for | 27 |
the resident's care or for the coordination of care; | 28 |
(7) The right, upon request, to be assigned, within the | 29 |
capacity of the home to make the assignment, to the staff | 30 |
physician of the resident's choice, and the right, in accordance | 31 |
with the rules and written policies and procedures of the home, to | 32 |
select as the attending physician a physician who is not on the | 33 |
staff of the home. If the cost of a physician's services is to be | 34 |
met under a federally supported program, the physician shall meet | 35 |
the federal laws and regulations governing such services. | 36 |
(8) The right to participate in decisions that affect the | 37 |
resident's life, including the right to communicate with the | 38 |
physician and employees of the home in planning the resident's | 39 |
treatment or care and to obtain from the attending physician | 40 |
complete and current information concerning medical condition, | 41 |
prognosis, and treatment plan, in terms the resident can | 42 |
reasonably be expected to understand; the right of access to all | 43 |
information in the resident's medical record; and the right to | 44 |
give or withhold informed consent for treatment after the | 45 |
consequences of that choice have been carefully explained. When | 46 |
the attending physician finds that it is not medically advisable | 47 |
to give the information to the resident, the information shall be | 48 |
made available to the resident's sponsor on the resident's behalf, | 49 |
if the sponsor has a legal interest or is authorized by the | 50 |
resident to receive the information. The home is not liable for a | 51 |
violation of this division if the violation is found to be the | 52 |
result of an act or omission on the part of a physician selected | 53 |
by the resident who is not otherwise affiliated with the home. | 54 |
(9) The right to withhold payment for physician visitation if | 55 |
the physician did not visit the resident; | 56 |
(10) The right to confidential treatment of personal and | 57 |
medical records, and the right to approve or refuse the release of | 58 |
these records to any individual outside the home, except in case | 59 |
of transfer to another home, hospital, or health care system, as | 60 |
required by law or rule, or as required by a third-party payment | 61 |
contract; | 62 |
(11) The right to privacy during medical examination or | 63 |
treatment and in the care of personal or bodily needs; | 64 |
(12) The right to refuse, without jeopardizing access to | 65 |
appropriate medical care, to serve as a medical research subject; | 66 |
(13) The right to be free from physical or chemical | 67 |
restraints or prolonged isolation except to the minimum extent | 68 |
necessary to protect the resident from injury to self, others, or | 69 |
to property and except as authorized in writing by the attending | 70 |
physician for a specified and limited period of time and | 71 |
documented in the resident's medical record. Prior to authorizing | 72 |
the use of a physical or chemical restraint on any resident, the | 73 |
attending physician shall make a personal examination of the | 74 |
resident and an individualized determination of the need to use | 75 |
the restraint on that resident. | 76 |
Physical or chemical restraints or isolation may be used in | 77 |
an emergency situation without authorization of the attending | 78 |
physician only to protect the resident from injury to self or | 79 |
others. Use of the physical or chemical restraints or isolation | 80 |
shall not be continued for more than twelve hours after the onset | 81 |
of the emergency without personal examination and authorization by | 82 |
the attending physician. The attending physician or a staff | 83 |
physician may authorize continued use of physical or chemical | 84 |
restraints for a period not to exceed thirty days, and at the end | 85 |
of this period and any subsequent period may extend the | 86 |
authorization for an additional period of not more than thirty | 87 |
days. The use of physical or chemical restraints shall not be | 88 |
continued without a personal examination of the resident and the | 89 |
written authorization of the attending physician stating the | 90 |
reasons for continuing the restraint. | 91 |
If physical or chemical restraints are used under this | 92 |
division, the home shall ensure that the restrained resident | 93 |
receives a proper diet. In no event shall physical or chemical | 94 |
restraints or isolation be used for punishment, incentive, or | 95 |
convenience. | 96 |
(14) The right to the pharmacist of the resident's choice and | 97 |
the right to receive pharmaceutical supplies and services at | 98 |
reasonable prices not exceeding applicable and normally accepted | 99 |
prices for comparably packaged pharmaceutical supplies and | 100 |
services within the community; | 101 |
(15) The right to exercise all civil rights, unless the | 102 |
resident has been adjudicated incompetent pursuant to Chapter | 103 |
2111. of the Revised Code and has not been restored to legal | 104 |
capacity, as well as the right to the cooperation of the home's | 105 |
administrator in making arrangements for the exercise of the right | 106 |
to vote; | 107 |
(16) The right of access to opportunities that enable the | 108 |
resident, at the resident's own expense or at the expense of a | 109 |
third-party payer, to achieve the resident's fullest potential, | 110 |
including educational, vocational, social, recreational, and | 111 |
habilitation programs; | 112 |
(17) The right to consume a reasonable amount of alcoholic | 113 |
beverages at the resident's own expense, unless not medically | 114 |
advisable as documented in the resident's medical record by the | 115 |
attending physician or unless contradictory to written admission | 116 |
policies; | 117 |
(18) The right to use tobacco at the resident's own expense | 118 |
under the home's safety rules and under applicable laws and rules | 119 |
of the state, unless not medically advisable as documented in the | 120 |
resident's medical record by the attending physician or unless | 121 |
contradictory to written admission policies; | 122 |
(19) The right to retire and rise in accordance with the | 123 |
resident's reasonable requests, if the resident does not disturb | 124 |
others or the posted meal schedules and upon the home's request | 125 |
remains in a supervised area, unless not medically advisable as | 126 |
documented by the attending physician; | 127 |
(20) The right to observe religious obligations and | 128 |
participate in religious activities; the right to maintain | 129 |
individual and cultural identity; and the right to meet with and | 130 |
participate in activities of social and community groups at the | 131 |
resident's or the group's initiative; | 132 |
(21) The right upon reasonable request to private and | 133 |
unrestricted communications with the resident's family, social | 134 |
worker, and any other person, unless not medically advisable as | 135 |
documented in the resident's medical record by the attending | 136 |
physician, except that communications with public officials or | 137 |
with the resident's attorney or physician shall not be restricted. | 138 |
Private and unrestricted communications shall include, but are not | 139 |
limited to, the right to: | 140 |
(a) Receive, send, and mail sealed, unopened correspondence; | 141 |
(b) Reasonable access to a telephone for private | 142 |
communications; | 143 |
(c) Private visits at any reasonable hour. | 144 |
(22) The right to assured privacy for visits by the spouse, | 145 |
or if both are residents of the same home, the right to share a | 146 |
room within the capacity of the home, unless not medically | 147 |
advisable as documented in the resident's medical record by the | 148 |
attending physician; | 149 |
(23) The right upon reasonable request to have room doors | 150 |
closed and to have them not opened without knocking, except in the | 151 |
case of an emergency or unless not medically advisable as | 152 |
documented in the resident's medical record by the attending | 153 |
physician; | 154 |
(24) The right to retain and use personal clothing and a | 155 |
reasonable amount of possessions, in a reasonably secure manner, | 156 |
unless to do so would infringe on the rights of other residents or | 157 |
would not be medically advisable as documented in the resident's | 158 |
medical record by the attending physician; | 159 |
(25) The right to be fully informed, prior to or at the time | 160 |
of admission and during the resident's stay, in writing, of the | 161 |
basic rate charged by the home, of services available in the home, | 162 |
and of any additional charges related to such services, including | 163 |
charges for services not covered under the medicare or medicaid | 164 |
program. The basic rate shall not be changed unless thirty days' | 165 |
notice is given to the resident or, if the resident is unable to | 166 |
understand this information, to the resident's sponsor. | 167 |
(26) The right of the resident and person paying for the care | 168 |
to examine and receive a bill at least monthly for the resident's | 169 |
care from the home that itemizes charges not included in the basic | 170 |
rates; | 171 |
(27)(a) The right to be free from financial exploitation; | 172 |
(b) The right to manage the resident's own personal financial | 173 |
affairs, or, if the resident has delegated this responsibility in | 174 |
writing to the home, to receive upon written request at least a | 175 |
quarterly accounting statement of financial transactions made on | 176 |
the resident's behalf. The statement shall include: | 177 |
(i) A complete record of all funds, personal property, or | 178 |
possessions of a resident from any source whatsoever, that have | 179 |
been deposited for safekeeping with the home for use by the | 180 |
resident or the resident's sponsor; | 181 |
(ii) A listing of all deposits and withdrawals transacted, | 182 |
which shall be substantiated by receipts which shall be available | 183 |
for inspection and copying by the resident or sponsor. | 184 |
(28) The right of the resident to be allowed unrestricted | 185 |
access to the resident's property on deposit at reasonable hours, | 186 |
unless requests for access to property on deposit are so | 187 |
persistent, continuous, and unreasonable that they constitute a | 188 |
nuisance; | 189 |
(29) The right to receive reasonable notice before the | 190 |
resident's room or roommate is changed, including an explanation | 191 |
of the reason for either change. | 192 |
(30) The right not to be transferred or discharged from the | 193 |
home unless the transfer is necessary because of one of the | 194 |
following: | 195 |
(a) The welfare and needs of the resident cannot be met in | 196 |
the home. | 197 |
(b) The resident's health has improved sufficiently so that | 198 |
the resident no longer needs the services provided by the home. | 199 |
(c) The safety of individuals in the home is endangered. | 200 |
(d) The health of individuals in the home would otherwise be | 201 |
endangered. | 202 |
(e) The resident has failed, after reasonable and appropriate | 203 |
notice, to pay or to have the medicare or medicaid program pay on | 204 |
the resident's behalf, for the care provided by the home. A | 205 |
resident shall not be considered to have failed to have the | 206 |
resident's care paid for if the resident has applied for medicaid, | 207 |
unless both of the following are the case: | 208 |
(i) The resident's application, or a substantially similar | 209 |
previous application, has been denied by the county department of | 210 |
job and family services. | 211 |
(ii) If the resident appealed the denial pursuant to division | 212 |
(C) of section 5101.35 of the Revised Code, the director of job | 213 |
and family services has upheld the denial. | 214 |
(f) The home's license has been revoked, the home is being | 215 |
closed pursuant to section 3721.08, sections 5111.35 to 5111.62, | 216 |
or section 5155.31 of the Revised Code, or the home otherwise | 217 |
ceases to operate. | 218 |
(g) The resident is a recipient of medicaid, and the home's | 219 |
participation in the medicaid program is involuntarily terminated | 220 |
or denied. | 221 |
(h) The resident is a beneficiary under the medicare program, | 222 |
and the home's participation in the medicare program is | 223 |
involuntarily terminated or denied. | 224 |
(31) The right to voice grievances and recommend changes in | 225 |
policies and services to the home's staff, to employees of the | 226 |
department of health, or to other persons not associated with the | 227 |
operation of the home, of the resident's choice, free from | 228 |
restraint, interference, coercion, discrimination, or reprisal. | 229 |
This right includes access to a residents' rights advocate, and | 230 |
the right to be a member of, to be active in, and to associate | 231 |
with persons who are active in organizations of relatives and | 232 |
friends of nursing home residents and other organizations engaged | 233 |
in assisting residents. | 234 |
(32) The right to have any significant change in the | 235 |
resident's health status reported to the resident's sponsor. As | 236 |
soon as such a change is known to the home's staff, the home shall | 237 |
make a reasonable effort to notify the sponsor within twelve | 238 |
hours; | 239 |
(33) In the case of a nursing home resident, the right to | 240 |
install and use an electronic monitoring device in the resident's | 241 |
room. | 242 |
(B) A sponsor may act on a resident's behalf to assure that | 243 |
the home does not deny the residents' rights under sections | 244 |
3721.10 to 3721.17 of the Revised Code. | 245 |
(C) Any attempted waiver of the rights listed in division (A) | 246 |
of this section is void. | 247 |
Sec. 3721.18. The attorney general may investigate alleged | 248 |
violations of Chapter 3721. of the Revised Code or rules, | 249 |
policies, or procedures adopted thereunder. | 250 |
an allegation of abuse or neglect against a resident of a nursing | 251 |
home, the attorney general may use an electronic monitoring | 252 |
device. | 253 |
When it appears, as the result of | 254 |
attorney general, that there is cause to prosecute for the | 255 |
commission of a crime, the attorney general shall refer the | 256 |
evidence to the prosecuting attorney having jurisdiction in the | 257 |
matter. | 258 |
Section 2. That existing sections 3721.13 and 3721.18 of the | 259 |
Revised Code are hereby repealed. | 260 |