130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

H. B. No. 49  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 49


Representatives Dovilla, Retherford 

Cosponsors: Representatives Derickson, Thompson, Reece, Boyce, Stebelton, Pillich, Anielski, Ashford, Sprague, Antonio 



A BILL
To amend sections 173.401, 173.501, 2317.54, 4715.36, 5101.60, 5101.61, 5101.611, 5101.62 to 5101.64, 5101.66 to 5101.71, 5101.72, 5101.99, 5111.894, 5123.61, and 5126.31; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 5101.61 (5101.63), 5101.611 (5101.64), 5101.62 (5101.65), 5101.63 (5101.652), 5101.64 (5101.66), 5101.65 (5101.68), 5101.66 (5101.681), 5101.67 (5101.682), 5101.68 (5101.69), 5101.69 (5101.70), 5101.70 (5101.71), 5101.71 (5101.61), and 5101.72 (5101.611); and to enact new sections 5101.62, 5101.67, and 5101.72 and sections 5101.631, 5101.632, 5101.651, 5101.701, 5101.702, 5101.74, and 5101.741 of the Revised Code to revise the laws governing the provision of adult protective services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 173.401, 173.501, 2317.54, 4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.64, 5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71, 5101.72, 5101.99, 5111.894, 5123.61, and 5126.31 be amended; sections 5101.61 (5101.63), 5101.611 (5101.64), 5101.62 (5101.65), 5101.63 (5101.652), 5101.64 (5101.66), 5101.65 (5101.68), 5101.66 (5101.681), 5101.67 (5101.682), 5101.68 (5101.69), 5101.69 (5101.70), 5101.70 (5101.71), 5101.71 (5101.61), and 5101.72 (5101.611) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 5101.62, 5101.67, and 5101.72 and sections 5101.631, 5101.632, 5101.651, 5101.701, 5101.702, 5101.74, and 5101.741 of the Revised Code be enacted to read as follows:
Sec. 173.401.  (A) As used in this section:
"Area agency on aging" has the same meaning as in section 173.14 of the Revised Code.
"Long-term care consultation program" means the program the department of aging is required to develop under section 173.42 of the Revised Code.
"Long-term care consultation program administrator" or "administrator" means the department of aging or, if the department contracts with an area agency on aging or other entity to administer the long-term care consultation program for a particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(B) Subject to division (C)(2) of section 173.40 of the Revised Code, the department shall establish a home first component of the PASSPORT program under which eligible individuals may be enrolled in the medicaid-funded component of the PASSPORT program in accordance with this section. An individual is eligible for the PASSPORT program's home first component if both of the following apply:
(1) The individual has been determined to be eligible for the medicaid-funded component of the PASSPORT program.
(2) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that the individual has a medical condition that, unless the individual is enrolled in home and community-based services such as the PASSPORT program, will require the individual to be admitted to a nursing facility within thirty days of the physician's determination.
(c) The individual has been hospitalized and a physician has determined and documented in writing that, unless the individual is enrolled in home and community-based services such as the PASSPORT program, the individual is to be transported directly from the hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under section 5101.61 5101.63 of the Revised Code regarding abuse, neglect, or exploitation or such a report referred to a county department of job and family services under section 5126.31 of the Revised Code or has made a request to a county department for protective services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an area agency on aging have jointly documented in writing that, unless the individual is enrolled in home and community-based services such as the PASSPORT program, the individual should be admitted to a nursing facility.
(C) Each month, each area agency on aging shall identify individuals residing in the area that the agency serves who are eligible for the home first component of the PASSPORT program. When an area agency on aging identifies such an individual, the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides. The administrator shall determine whether the PASSPORT program is appropriate for the individual and whether the individual would rather participate in the PASSPORT program than continue or begin to reside in a nursing facility. If the administrator determines that the PASSPORT program is appropriate for the individual and the individual would rather participate in the PASSPORT program than continue or begin to reside in a nursing facility, the administrator shall so notify the department of aging. On receipt of the notice from the administrator, the department shall approve the individual's enrollment in the medicaid-funded component of the PASSPORT program regardless of the unified waiting list established under section 173.404 of the Revised Code, unless the enrollment would cause the component to exceed any limit on the number of individuals who may be enrolled in the component as set by the United States secretary of health and human services in the PASSPORT waiver.
Sec. 173.501.  (A) As used in this section:
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"PACE provider" has the same meaning as in 42 U.S.C. 1396u-4(a)(3).
(B) The department of aging shall establish a home first component of the PACE program under which eligible individuals may be enrolled in the PACE program in accordance with this section. An individual is eligible for the PACE program's home first component if both of the following apply:
(1) The individual has been determined to be eligible for the PACE program.
(2) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that the individual has a medical condition that, unless the individual is enrolled in home and community-based services such as the PACE program, will require the individual to be admitted to a nursing facility within thirty days of the physician's determination.
(c) The individual has been hospitalized and a physician has determined and documented in writing that, unless the individual is enrolled in home and community-based services such as the PACE program, the individual is to be transported directly from the hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under section 5101.61 5101.63 of the Revised Code regarding abuse, neglect, or exploitation or such a report referred to a county department of job and family services under section 5126.31 of the Revised Code or has made a request to a county department for protective services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an area agency on aging have jointly documented in writing that, unless the individual is enrolled in home and community-based services such as the PACE program, the individual should be admitted to a nursing facility.
(C) Each month, the department of aging shall identify individuals who are eligible for the home first component of the PACE program. When the department identifies such an individual, the department shall notify the PACE provider serving the area in which the individual resides. The PACE provider shall determine whether the PACE program is appropriate for the individual and whether the individual would rather participate in the PACE program than continue or begin to reside in a nursing facility. If the PACE provider determines that the PACE program is appropriate for the individual and the individual would rather participate in the PACE program than continue or begin to reside in a nursing facility, the PACE provider shall so notify the department of aging. On receipt of the notice from the PACE provider, the department of aging shall approve the individual's enrollment in the PACE program in accordance with priorities established in rules adopted under section 173.50 of the Revised Code.
Sec. 2317.54.  No hospital, home health agency, ambulatory surgical facility, or provider of a hospice care program or pediatric respite care program shall be held liable for a physician's failure to obtain an informed consent from the physician's patient prior to a surgical or medical procedure or course of procedures, unless the physician is an employee of the hospital, home health agency, ambulatory surgical facility, or provider of a hospice care program or pediatric respite care program.
Written consent to a surgical or medical procedure or course of procedures shall, to the extent that it fulfills all the requirements in divisions (A), (B), and (C) of this section, be presumed to be valid and effective, in the absence of proof by a preponderance of the evidence that the person who sought such consent was not acting in good faith, or that the execution of the consent was induced by fraudulent misrepresentation of material facts, or that the person executing the consent was not able to communicate effectively in spoken and written English or any other language in which the consent is written. Except as herein provided, no evidence shall be admissible to impeach, modify, or limit the authorization for performance of the procedure or procedures set forth in such written consent.
(A) The consent sets forth in general terms the nature and purpose of the procedure or procedures, and what the procedures are expected to accomplish, together with the reasonably known risks, and, except in emergency situations, sets forth the names of the physicians who shall perform the intended surgical procedures.
(B) The person making the consent acknowledges that such disclosure of information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner.
(C) The consent is signed by the patient for whom the procedure is to be performed, or, if the patient for any reason including, but not limited to, competence, minority, or the fact that, at the latest time that the consent is needed, the patient is under the influence of alcohol, hallucinogens, or drugs, lacks legal capacity to consent, by a person who has legal authority to consent on behalf of such patient in such circumstances, including either of the following:
(1) The parent, whether the parent is an adult or a minor, of the parent's minor child;
(2) An adult whom the parent of the minor child has given written authorization to consent to a surgical or medical procedure or course of procedures for the parent's minor child.
Any use of a consent form that fulfills the requirements stated in divisions (A), (B), and (C) of this section has no effect on the common law rights and liabilities, including the right of a physician to obtain the oral or implied consent of a patient to a medical procedure, that may exist as between physicians and patients on July 28, 1975.
As used in this section the term "hospital" has the same meaning as in section 2305.113 of the Revised Code; "home health agency" has the same meaning as in section 5101.61 3701.881 of the Revised Code; "ambulatory surgical facility" has the meaning as in division (A) of section 3702.30 of the Revised Code; and "hospice care program" and "pediatric respite care program" have the same meanings as in section 3712.01 of the Revised Code. The provisions of this division apply to hospitals, doctors of medicine, doctors of osteopathic medicine, and doctors of podiatric medicine.
Sec. 4715.36. As used in this section and sections 4715.361 to 4715.374 of the Revised Code:
(A) "Accredited dental hygiene school" means a dental hygiene school accredited by the American dental association commission on dental accreditation or a dental hygiene school whose educational standards are recognized by the American dental association commission on dental accreditation and approved by the state dental board.
(B) "Authorizing dentist" means a dentist who authorizes a dental hygienist to perform dental hygiene services under section 4715.365 of the Revised Code.
(C) "Clinical evaluation" means a diagnosis and treatment plan formulated for an individual patient by a dentist.
(D) "Dentist" means an individual licensed under this chapter to practice dentistry.
(E) "Dental hygienist" means an individual licensed under this chapter to practice as a dental hygienist.
(F) "Dental hygiene services" means the prophylactic, preventive, and other procedures that dentists are authorized by this chapter and rules of the state dental board to assign to dental hygienists, except for procedures while a patient is anesthetized, definitive root planing, definitive subgingival curettage, the administration of local anesthesia, and the procedures specified in rules adopted by the board as described in division (C)(4) of section 4715.22 of the Revised Code.
(G) "Facility" means any of the following:
(1) A health care facility, as defined in section 4715.22 of the Revised Code;
(2) A state correctional institution, as defined in section 2967.01 of the Revised Code;
(3) A comprehensive child development program that receives funds distributed under the "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C. 9831, as amended, and is licensed as a child day-care center;
(4) A residential facility licensed under section 5123.19 of the Revised Code;
(5) A public school, as defined in section 3701.93 of the Revised Code, located in an area designated as a dental health resource shortage area pursuant to section 3702.87 of the Revised Code;
(6) A nonpublic school, as defined in section 3701.93 of the Revised Code, located in an area designated as a dental health resource shortage area pursuant to section 3702.87 of the Revised Code;
(7) A federally qualified health center or federally qualified health center look-alike, as defined in section 3701.047 of the Revised Code;
(8) A shelter for victims of domestic violence, as defined in section 3113.33 of the Revised Code;
(9) A facility operated by the department of youth services under Chapter 5139. of the Revised Code;
(10) A shelter for runaways, as defined in section 5119.64 of the Revised Code;
(11) A foster home, as defined in section 5103.02 of the Revised Code;
(12) A nonprofit clinic, as defined in section 3715.87 of the Revised Code;
(13) The residence of one or more individuals receiving services provided by a home health agency, as defined in section 5101.61 3701.881 of the Revised Code;
(14) A dispensary;
(15) A health care facility, such as a clinic or hospital, of the United States department of veterans affairs;
(16) The residence of one or more individuals enrolled in a home and community-based services medicaid waiver component, as defined in section 5111.851 of the Revised Code;
(17) A facility operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code;
(18) A women, infants, and children clinic;
(19) A mobile dental unit located at any location listed in divisions (G)(1) to (18) of this section;
(20) Any other location, as specified by the state dental board in rules adopted under section 4715.372 of the Revised Code, that is in an area designated as a dental health resource shortage area pursuant to section 3702.87 of the Revised Code and provides health care services to individuals who are recipients of medical assistance under the medicaid program established pursuant to Chapter 5111. of the Revised Code and to indigent and uninsured persons, as defined in section 2305.234 of the Revised Code.
Sec. 5101.60.  As used in sections 5101.60 to 5101.71 5101.72 of the Revised Code:
(A) "Abandonment" means desertion of an adult by a caretaker without having made provision for transfer of the adult's care.
(B) "Abuse" means the infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.
(B)(C) "Adult" means any person sixty years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person's own care or protection, and who resides in an independent living arrangement. An "independent living arrangement" is a domicile of a person's own choosing, including, but not limited to, a private home, apartment, trailer, or rooming house. An "independent living arrangement" includes a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults, but does not include other institutions or facilities licensed by the state or facilities in which a person resides as a result of voluntary, civil, or criminal commitment.
(C)(D) "Area agency on aging" means a public or private nonprofit entity designated under section 173.011 of the Revised Code to administer programs on behalf of the department of aging.
(E) "Caretaker" means the person assuming the primary responsibility for the care of an adult on by any of the following means:
(1) On a voluntary basis, by;
(2) By contract, through;
(3) Through receipt of payment for care, as;
(4) As a result of a family relationship, or by;
(5) By order of a court of competent jurisdiction.
(D)(F) "Community mental health agency" means any agency, program, or facility with which a board of alcohol, drug addiction, and mental health services contracts to provide the mental health services listed in section 340.09 of the Revised Code.
(G) "Court" means the probate court in the county where an adult resides.
(E)(H) "Emergency" means that the adult is living in conditions which present a substantial risk of immediate and irreparable physical harm or death to self or any other person.
(F)(I) "Emergency services" means protective services furnished to an adult in an emergency.
(G)(J) "Exploitation" means the unlawful or improper act of a caretaker person that has an ongoing relationship with an adult using, in one or more transactions, an adult or an adult's resources for monetary or personal benefit, profit, or gain.
(H)(K) "Financial harm" means impairing an adult's financial assets by unlawfully obtaining or exerting control over the adult's real or personal property in any of the following ways:
(1) Without the adult's consent or the person authorized to give consent on the adult's behalf;
(2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult's behalf;
(3) By deception;
(4) By threat;
(5) By intimidation.
(L) "In need of protective services" means an adult known or suspected to be suffering from abuse, neglect, or exploitation to an extent that either life is endangered or physical harm, mental anguish, or mental illness results or is likely to result.
(I)(M) "Incapacitated person" means a person who is impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person's self or resources, with or without the assistance of a caretaker. Refusal to consent to the provision of services shall not be the sole determinative that the person is incapacitated. "Reasonable decisions" are decisions made in daily living which facilitate the provision of food, shelter, clothing, and health care necessary for life support.
(J)(N) "Independent living arrangement" means a domicile of a person's own choosing, including, but not limited to, a private home, apartment, trailer, or rooming house. "Independent living arrangement" includes a residential facility licensed under section 5119.22 of the Revised Code that provides accomodations, supervision, and personal care services for three to sixteen unrelated adults, but does not include any other institution or facility licensed by the state or a facility in which a person resides as a result of voluntary, civil, or criminal commitment.
(O) "Mental illness" means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.
(K)(P) "Neglect" means any of the failure following:
(1) Failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure;
(2) Failure of a caretaker to provide such goods or services;
(3) Abandonment.
(L)(Q) "Ongoing relationship" has the meaning established under division (B)(2) of section 5101.61 of the Revised Code.
(R) "Outpatient health facility" means a facility where medical care and preventive, diagnostic, therapeutic, rehabilitative, or palliative items or services are provided to outpatients by or under the direction of a physician or dentist.
(S) "Peace officer" means a peace officer as defined in section 2935.01 of the Revised Code.
(M)(T) "Physical harm" means bodily pain, injury, impairment, or disease suffered by an adult.
(N)(U) "Protective services" means services provided by the county department of job and family services or its designated agency to an adult who has been determined by evaluation to require such services for the prevention, correction, or discontinuance of an act of as well as conditions resulting from abuse, neglect, or exploitation. Protective services may include, but are not limited to, case work services, medical care, mental health services, legal services, fiscal management, home health care, homemaker services, housing-related services, guardianship services, and placement services as well as the provision of such commodities as food, clothing, and shelter.
(O)(V) "Reasonable decisions" means decisions made in daily living that facilitate the provision of food, shelter, clothing, and health care necessary for life support.
(W) "Senior service provider" means a person who provides care or specialized services to an adult, except that it does not include the state long-term care ombudsperson or a regional long-term care ombudsperson.
(X) "Working day" means Monday, Tuesday, Wednesday, Thursday, and Friday, except when such day is a holiday as defined in section 1.14 of the Revised Code.
Sec. 5101.71 5101.61 (A) The county departments department of job and family services shall implement sections 5101.60 to 5101.71 5101.72 of the Revised Code. The department of job and family services may provide a program of ongoing, comprehensive, formal training to county departments and other agencies authorized to implement sections 5101.60 to 5101.71 of the Revised Code. Training shall not be limited to the procedures for implementing section 5101.62 of the Revised Code.
(B)(1) The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code governing the county departments' implementation of sections 5101.60 to 5101.71 5101.72 of the Revised Code by the department and the administration of those sections by county departments of job and family services. The rules adopted pursuant to this division may include a requirement that the county departments provide on forms prescribed by the rules a plan of proposed expenditures, and a report of actual expenditures, of funds necessary to implement administer sections 5101.60 to 5101.71 5101.72 of the Revised Code.
(2) The director shall adopt rules in accordance with section 111.15 of the Revised Code that establish a definition of "ongoing relationship."
Sec. 5101.72 5101.611 (A) The department of job and family services, to the extent of available funds, may reimburse county departments of job and family services for all or part of the costs they incur in implementing administering sections 5101.60 to 5101.71 5101.72 of the Revised Code. The director of job and family services shall adopt internal management rules in accordance with section 111.15 of the Revised Code that provide for reimbursement of the county departments of job and family services under this section.
The (B) In addition to any rules adopted under division (B) of section 5101.61 of the Revised Code, the director shall adopt internal management rules in accordance with section 111.15 of the Revised Code that do both of the following:
(A)(1) Implement sections 5101.60 to 5101.71 5101.72 of the Revised Code;
(B)(2) Require the county departments to collect and submit to the department, or ensure that a designated agency collects and submits to the department, data concerning the implementation administration of sections 5101.60 to 5101.71 5101.72 of the Revised Code.
Sec. 5101.62.  In implementing sections 5101.60 to 5101.72 of the Revised Code, the department of job and family services shall do all of the following:
(A) Identify the core services for interventions that are to be offered to adults in need of protective services;
(B) Maintain data by county on the implementation of sections 5101.60 to 5101.72 of the Revised Code;
(C) Provide a program of ongoing, comprehensive, formal training on the implementation of sections 5101.60 to 5101.72 of the Revised Code and require all protective services caseworkers and their supervisors to undergo the training;
(D) Develop and make available educational materials for individuals who are required under section 5101.63 of the Revised Code to make reports of abuse, neglect, and exploitation;
(E) Facilitate ongoing cooperation among state agencies on issues pertaining to the abuse, neglect, or exploitation of adults;
(F) Develop a model memorandum of understanding for purposes of section 5101.651 of the Revised Code.
Sec. 5101.61 5101.63 (A) As used in this section:
(1) "Senior service provider" means any person who provides care or services to a person who is an adult as defined in division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility" means a nonprofit, public or proprietary freestanding organization or a unit of such an agency or organization that:
(a) Provides preventive, diagnostic, therapeutic, rehabilitative, or palliative items or services furnished to an outpatient or ambulatory patient, by or under the direction of a physician or dentist in a facility which is not a part of a hospital, but which is organized and operated to provide medical care to outpatients;
(b) Has health and medical care policies which are developed with the advice of, and with the provision of review of such policies, an advisory committee of professional personnel, including one or more physicians, one or more dentists, if dental care is provided, and one or more registered nurses;
(c) Has a medical director, a dental director, if dental care is provided, and a nursing director responsible for the execution of such policies, and has physicians, dentists, nursing, and ancillary staff appropriate to the scope of services provided;
(d) Requires that the health care and medical care of every patient be under the supervision of a physician, provides for medical care in a case of emergency, has in effect a written agreement with one or more hospitals and other centers or clinics, and has an established patient referral system to other resources, and a utilization review plan and program;
(e) Maintains clinical records on all patients;
(f) Provides nursing services and other therapeutic services in accordance with programs and policies, with such services supervised by a registered professional nurse, and has a registered professional nurse on duty at all times of clinical operations;
(g) Provides approved methods and procedures for the dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record keeping system to determine reasonable and allowable costs;
(i) "Ambulatory health facilities" also includes an alcoholism treatment facility approved by the joint commission on accreditation of healthcare organizations as an alcoholism treatment facility or certified by the department of alcohol and drug addiction services, and such facility shall comply with other provisions of this division not inconsistent with such accreditation or certification.
(3) "Community mental health facility" means a facility which provides community mental health services and is included in the comprehensive mental health plan for the alcohol, drug addiction, and mental health service district in which it is located.
(4) "Community mental health service" means services, other than inpatient services, provided by a community mental health facility.
(5) "Home health agency" means an institution or a distinct part of an institution operated in this state which:
(a) Is primarily engaged in providing home health services;
(b) Has home health policies which are established by a group of professional personnel, including one or more duly licensed doctors of medicine or osteopathy and one or more registered professional nurses, to govern the home health services it provides and which includes a requirement that every patient must be under the care of a duly licensed doctor of medicine or osteopathy;
(c) Is under the supervision of a duly licensed doctor of medicine or doctor of osteopathy or a registered professional nurse who is responsible for the execution of such home health policies;
(d) Maintains comprehensive records on all patients;
(e) Is operated by the state, a political subdivision, or an agency of either, or is operated not for profit in this state and is licensed or registered, if required, pursuant to law by the appropriate department of the state, county, or municipality in which it furnishes services; or is operated for profit in this state, meets all the requirements specified in divisions (A)(5)(a) to (d) of this section, and is certified under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(6) "Home health service" means the following items and services, provided, except as provided in division (A)(6)(g) of this section, on a visiting basis in a place of residence used as the patient's home:
(a) Nursing care provided by or under the supervision of a registered professional nurse;
(b) Physical, occupational, or speech therapy ordered by the patient's attending physician;
(c) Medical social services performed by or under the supervision of a qualified medical or psychiatric social worker and under the direction of the patient's attending physician;
(d) Personal health care of the patient performed by aides in accordance with the orders of a doctor of medicine or osteopathy and under the supervision of a registered professional nurse;
(e) Medical supplies and the use of medical appliances;
(f) Medical services of interns and residents-in-training under an approved teaching program of a nonprofit hospital and under the direction and supervision of the patient's attending physician;
(g) Any of the foregoing items and services which:
(i) Are provided on an outpatient basis under arrangements made by the home health agency at a hospital or skilled nursing facility;
(ii) Involve the use of equipment of such a nature that the items and services cannot readily be made available to the patient in the patient's place of residence, or which are furnished at the hospital or skilled nursing facility while the patient is there to receive any item or service involving the use of such equipment.
Any attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist, any employee of a hospital as defined in section 3701.01 of the Revised Code, any nurse licensed under Chapter 4723. of the Revised Code, any employee of an ambulatory health facility, any employee of a home health agency, any employee of a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults, any employee of a nursing home, residential care facility, or home for the aging, as defined in section 3721.01 of the Revised Code, any senior service provider, any peace officer, coroner, member of the clergy, any employee of a community mental health facility, and any person engaged in social work or counseling(1) Any individual listed in division (A)(2) of this section having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall immediately report such belief to the county department of job and family services. This section does not apply to employees of any hospital or public hospital as defined in section 5122.01 of the Revised Code.
(2) All of the following are subject to division (A)(1) of this section:
(a) An attorney admitted to the practice of law in this state;
(b) An individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery;
(c) An individual licensed under Chapter 4734. of the Revised Code as a chiropractor;
(d) An individual licensed under Chapter 4715. of the Revised Code as a dentist;
(e) An individual licensed under Chapter 4723. of the Revised Code as a registered nurse or licensed practical nurse;
(f) An individual licensed under Chapter 4732. of the Revised Code as a psychologist;
(g) An individual licensed under Chapter 4757. of the Revised Code as a social worker, independent social worker, professional counselor, professional clinical counselor, marriage and family therapist, or independent marriage and family therapist;
(h) An individual licensed under Chapter 4729. of the Revised Code as a pharmacist;
(i) An individual holding a certificate to practice as a dialysis technician issued under Chapter 4723. of the Revised Code;
(j) An employee of a home health agency, as defined in section 3701.881 of the Revised Code;
(k) An employee of an outpatient health facility;
(l) An employee of a hospital, as defined in section 3727.01 of the Revised Code;
(m) An employee of a hospital or public hospital, as defined in section 5122.01 of the Revised Code;
(n) An employee of a nursing home or residential care facility, as defined in section 3721.01 of the Revised Code;
(o) An employee of a residential facility licensed under section 5119.22 of the Revised Code that provides accomodations, supervision, and personal care services for three to sixteen unrelated adults;
(p) An employee of a health department operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code;
(q) An employee of a community mental health agency, as defined in section 5122.01 of the Revised Code;
(r) An agent of a county humane society organized under section 1717.05 of the Revised Code;
(s) An individual who is a firefighter for a lawfully constituted fire department;
(t) An individual who is an ambulance driver for an emergency medical service organization, as defined in section 4765.01 of the Revised Code;
(u) A first responder, emergency medical technician-basic, emergency medical technician-intermediate, or paramedic, as those terms are defined in section 4765.01 of the Revised Code;
(v) An official employed by a local building department to conduct inspections of houses and other residential buildings;
(w) A peace officer;
(x) A coroner;
(y) A member of the clergy;
(z) An individual who holds a certificate issued under Chapter 4701. of the Revised Code as a certified public accountant or is registered under that chapter as a public accountant;
(aa) An individual licensed under Chapter 4735. of the Revised Code as a real estate broker or real estate salesperson;
(bb) An individual appointed and commissioned under section 147.01 of the Revised Code as a notary public;
(cc) An employee of a bank, savings bank, savings and loan association, or credit union organized under the laws of this state, another state, or the United States;
(dd) An investment advisor, as defined in section 1707.01 of the Revised Code;
(ee) A financial planner accredited by a national accreditation agency;
(ff) Any other individual who is a senior service provider.
(B) Any person having reasonable cause to believe that an adult has suffered abuse, neglect, or exploitation may report, or cause reports a report to be made of such belief to the county department of job and family services.
(C)(1) The reports made under this section shall be made orally or in writing except that. The county department of job and family services shall transcribe an oral reports shall be followed by report into a written report if a written. Each report is requested by the department. Written reports shall include all of the following:
(1)(a) The name, address, and approximate age of the adult who is the subject of the report;
(2)(b) The name and address of the individual responsible for the adult's care, if any individual is, and if the individual is known;
(3)(c) The nature and extent of the alleged abuse, neglect, or exploitation of the adult;
(4)(d) The basis of the reporter's belief that the adult has been abused, neglected, or exploited.
(2) The county department of job and family services shall transmit a copy of each report received under this section to the registry established by the department of job and family services under section 5101.631 of the Revised Code.
(D) Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from such a report, or any employee of the state or any of its subdivisions who is discharging responsibilities under section 5101.62 of the Revised Code shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for perjury, unless the person has acted in bad faith or with malicious purpose.
(E) No employer or any other person with the authority to do so shall discharge do any of the following as a result of an employee's having filed a report under this section:
(1) Discharge, demote, transfer, or prepare a negative work performance evaluation, or reduce;
(2) Reduce benefits, pay, or work privileges, or take;
(3) Take any other action detrimental to an the employee or in any way retaliate against an the employee as a result of the employee's having filed a report under this section.
(F) Neither the written or oral report provided for in this section nor the investigatory report provided for in section 5101.62 5101.65 of the Revised Code shall be considered a public record as defined in section 149.43 of the Revised Code. Information On request, information contained in the report shall upon request be made available to the adult who is the subject of the report, to agencies authorized by the county department of job and family services to receive information contained in the report, and to legal counsel for the adult. If it determines that there is a risk of harm to a person who makes a report under this section or to the adult who is the subject of the report, the county department of job and family services may redact the name and identifying information related to the person who made the report.
Sec. 5101.631. (A) Not later than two years after the effective date of this section, the department of job and family services shall establish a registry to maintain reports of abuse, neglect, or exploitation of adults, whether investigated or not, made to county departments of job and family services under section 5101.63 of the Revised Code. The department shall release information in the registry to county departments of job and family services in accordance with division (B) of section 5101.65 of the Revised Code and may release information in the registry to law enforcement agencies through the Ohio law enforcement gateway established under section 109.57 of the Revised Code.
(B) The department of job and family services shall develop a plan to implement the registry. Not later than six months after the effective date of this section, the department shall present its plan to the elder abuse commission created under section 5101.74 of the Revised Code. The department shall provide an opportunity for public comment on the plan.
Sec. 5101.632. Each entity that employs or is responsible for licensing or regulating the individuals required under section 5101.63 of the Revised Code to make reports of abuse, neglect, or exploitation of adults shall ensure that the individuals have access to the educational materials developed under division (D) of section 5101.62 of the Revised Code.
Sec. 5101.611 5101.64 If a county department of job and family services knows or has reasonable cause to believe that the subject of a report made under section 5101.61 5101.63 of the Revised Code or of an investigation conducted under sections 5101.62 to 5101.64 section 5101.65 of the Revised Code or on the initiative of the county department is mentally retarded or developmentally disabled, as defined in section 5126.01 of the Revised Code, the county department shall refer the case to the county board of developmental disabilities of that county for review pursuant to section 5126.31 of the Revised Code.
If a county board of developmental disabilities refers a case to the county department of job and family services in accordance with section 5126.31, the county department shall proceed with the case in accordance with sections 5101.60 to 5101.71 5101.72 of the Revised Code.
Sec. 5101.62 5101.65 The county department of job and family services shall be responsible for the investigation of all reports provided for in section 5101.61 5101.63 and all cases referred to it under section 5126.31 of the Revised Code and for evaluating the need for and, to the extent of available funds services, providing or arranging for the provision of protective services. The department may designate another agency to perform the department's duties under this section.
Investigation of the report provided for in section 5101.61 5101.63 or a case referred to the department under section 5126.31 of the Revised Code shall be initiated within twenty-four hours after the department receives the report or case if any emergency exists; otherwise investigation shall be initiated within three working days.
Investigation of In investigating the need for protective services, the department shall include a face-to-face visit with do all of the following:
(A) Visit the adult who is the subject of the report, preferably in the adult's residence, and consultation;
(B) Request from the registry established by the department of job and family services under section 5101.631 of the Revised Code any reports of prior abuse, neglect, or exploitation concerning the adult;
(C) Consult with the person who made the report, if feasible, and agencies or persons who have information about the adult's alleged abuse, neglect, or exploitation.
The department shall give written notice of the intent of the investigation and an explanation of the notice in language reasonably understandable to the adult who is the subject of the investigation report, at the time of the initial interview with that person.
Upon completion of the investigation, the department shall determine from its findings whether or not the adult who is the subject of the report is in need of protective services. No adult shall be determined to be abused, neglected, or in need of protective services for the sole reason that, in lieu of medical treatment, the adult relies on or is being furnished spiritual treatment through prayer alone in accordance with the tenets and practices of a church or religious denomination of which the adult is a member or adherent. The department shall write a report which confirms or denies the need for protective services and states why it reached this conclusion.
Sec. 5101.651. (A)(1) Each county department of job and family services or its designated agency, in conjunction with the area agency on aging that serves the region in which the county is located, shall prepare a memorandum of understanding establishing the guidelines to be employed in the investigation of a report of adult abuse, neglect, or exploitation made pursuant to section 5101.63 of the Revised Code. The memorandum shall comply with the requirements established by section 5101.65 of the Revised Code for such investigations. The memorandum shall have as its primary goal the utilization of a structured and systematic investigation protocol regarding the reports. The memorandum may be based on the model memorandum of understanding developed by the department of job and family services under division (F) of section 5101.62 of the Revised Code.
(2) If a county department of job and family services designates another agency to perform any of the department's duties in investigating reports of adult abuse, neglect, or exploitation under section 5101.65 of the Revised Code, the memorandum of understanding described in division (A)(1) of this section shall include provisions that specify the duties of both the department and the designated agency in investigating such reports.
(B) The memorandum of understanding described in division (A)(1) of this section shall be signed by all of the following:
(1) If there is only one probate judge serving the county, the probate judge of the county or the judge's representative;
(2) If there is more than one probate judge serving the county, the probate judge with administrative responsibility or the judge's representative;
(3) The county sheriff;
(4) The chief municipal peace officer within the county;
(5) Other law enforcement officers handling adult abuse, neglect, or exploitation in the county;
(6) The county prosecuting attorney;
(7) The county coroner;
(8) The director of the county department of job and family services or a designee of the director who is directly responsible for protective services for adults;
(9) The regional long-term care ombudsperson designated for the area;
(10) A representative of the board of alcohol, drug addiction and mental health services that serves the county;
(11) Entities responsible for investigating substandard housing;
(12) A representative of the area agency on aging that serves the region in which the county is located;
(13) A representative of a victim witness program that serves the county;
(14) A representative of a metropolitan housing authority that serves the county;
(15) Any other person or entity whose participation furthers the goals of the memorandum of understanding.
(C) The memorandum of understanding described in division (A)(1) of this section shall include provisions establishing an elder abuse interdisciplinary team. The memorandum shall specify the membership of the team and establish guidelines to be used when coordinating investigations of reports of adult abuse, neglect, or exploitation. The memorandum shall describe the roles and responsibilities of team members, including team members' roles regarding the filing of criminal charges against persons alleged to have abused, neglected, or exploited adults and the provision of victim services to adults pursuant to Chapter 2930. of the Revised Code.
(D) A failure to follow the guidelines set forth in the memorandum of understanding required by this section is not grounds for, and shall not result in, the dismissal of any charge or complaint arising from any report of abuse, neglect, or exploitation or the suppression of any evidence obtained as a result of a report of abuse, neglect, or exploitation and does not give any rights or grounds for appeal or post-conviction relief to any person.
Sec. 5101.63 5101.652 If, during the course of an investigation conducted under section 5101.62 5101.65 of the Revised Code, any person, including the adult who is the subject of the investigation, denies or obstructs access to the residence of the adult, the county department of job and family services may file a petition in court for a temporary restraining order to prevent the interference or obstruction. The court shall issue a temporary restraining order to prevent the interference or obstruction if it finds there is reasonable cause to believe that the adult is being or has been abused, neglected, or exploited and access to the person's residence has been denied or obstructed. Such a finding is prima-facie evidence that immediate and irreparable injury, loss, or damage will result, so that notice is not required. After obtaining an order restraining the obstruction of or interference with the access of the protective services representative, the representative may be accompanied to the residence by a peace officer.
Sec. 5101.64 5101.66 Any person who requests or consents to receive protective services shall receive such services only after an investigation and determination of a need for protective services, which. The investigation shall be performed in the same manner as the investigation of a report pursuant to sections 5101.62 and 5101.63 section 5101.65 of the Revised Code. If the person withdraws consent, the protective services shall be terminated.
Sec. 5101.67. (A) A person alleged to have abused, neglected, or exploited an adult may appeal the findings of an investigation conducted under section 5101.65 of the Revised Code to the county department of job and family services or its designated agency.
(B) The director of job and family services shall adopt rules establishing procedures to be followed by each county department of job and family services or its designated agency for hearing and deciding appeals under this section. The rules shall be adopted in accordance with section 111.15 of the Revised Code.
Sec. 5101.65 5101.68 If the county department of job and family services determines that an adult is in need of protective services and is an incapacitated person, the department may petition the court for an order authorizing the provision of protective services. The petition shall state the specific facts alleging the abuse, neglect, or exploitation and shall include a proposed protective service plan. Any plan for protective services shall be specified in the petition.
Sec. 5101.66 5101.681 Notice of a petition for the provision of court-ordered protective services as provided for in section 5101.65 5101.68 of the Revised Code shall be personally served upon the adult who is the subject of the petition at least five working days prior to the date set for the hearing as provided in section 5101.67 5101.682 of the Revised Code. Notice shall be given orally and in writing in language reasonably understandable to the adult. The notice shall include the names of all petitioners, the basis of the belief that protective services are needed, the rights of the adult in the court proceedings, and the consequences of a court order for protective services. The adult shall be informed of his the right to counsel and his the right to appointed counsel if he the adult is indigent and if appointed counsel is requested. Written notice by certified mail shall also be given to the adult's guardian, legal counsel, caretaker, and spouse, if any, or if he the adult has none of these, to his the adult's adult children or next of kin, if any, or to any other person as the court may require. The adult who is the subject of the petition may not waive notice as provided in this section.
Sec. 5101.67 5101.682 (A) The court shall hold a hearing on the petition as provided in section 5101.65 5101.68 of the Revised Code within fourteen days after its filing. The adult who is the subject of the petition shall have the right to be present at the hearing, present evidence, and examine and cross-examine witnesses. The adult shall be represented by counsel unless the right to counsel is knowingly waived. If the adult is indigent, the court shall appoint counsel to represent the adult. If the court determines that the adult lacks the capacity to waive the right to counsel, the court shall appoint counsel to represent the adult's interests.
(B) If the court finds, on the basis of clear and convincing evidence, that the adult has been abused, neglected, or exploited, is in need of protective services, and is incapacitated, and no person authorized by law or by court order is available to give consent, it shall issue an order requiring the provision of protective services only if they are available locally.
(C) If the court orders placement under this section it shall give consideration to the choice of residence of the adult. The court may order placement in settings which have been approved by the department of job and family services as meeting at least minimum community standards for safety, security, and the requirements of daily living. The court shall not order an institutional placement unless it has made a specific finding entered in the record that no less restrictive alternative can be found to meet the needs of the individual. No individual may be committed to a hospital or public hospital as defined in section 5122.01 of the Revised Code pursuant to this section.
(D) The placement of an adult pursuant to court order as provided in this section shall not be changed unless the court authorized the transfer of placement after finding compelling reasons to justify the transfer. Unless the court finds that an emergency exists, the court shall notify the adult of a transfer at least thirty days prior to the actual transfer.
(E) A court order provided for in this section shall remain in effect for no longer than six months. Thereafter, the county department of job and family services shall review the adult's need for continued services and, if the department determines that there is a continued need, it shall apply for a renewal of the order for additional periods of no longer than one year each. The adult who is the subject of the court-ordered services may petition for modification of the order at any time.
Sec. 5101.68 5101.69 (A) If an adult has consented to the provision of protective services but any other person refuses to allow such provision, the county department of human job and family services may petition the court for a temporary restraining order to restrain the person from interfering with the provision of protective services for the adult.
(B) The petition shall state specific facts sufficient to demonstrate the need for protective services, the consent of the adult, and the refusal of some other person to allow the provision of these services.
(C) Notice of the petition shall be given in language reasonably understandable to the person alleged to be interfering with the provision of services;.
(D) The court shall hold a hearing on the petition within fourteen days after its filing. If the court finds that the protective services are necessary, that the adult has consented to the provisions provision of such services, and that the person who is the subject of the petition has prevented such provision, the court shall issue a temporary restraining order to restrain the person from interfering with the provision of protective services to the adult.
Sec. 5101.69 5101.70 (A) Upon petition by the county department of human job and family services, the court may issue an order authorizing the provision of protective services on an emergency basis to an adult. The petition for any emergency order shall include all of the following:
(1) The name, age, and address of the adult in need of protective services;
(2) The nature of the emergency;
(3) The proposed protective services;
(4) The petitioner's reasonable belief, together with facts supportive thereof, as to the existence of the circumstances described in divisions (D)(1) to (3) of this section;
(5) Facts showing the petitioner's attempts to obtain the adult's consent to the protective services.
(B) Notice of the filing and contents of the petition provided for in division (A) of this section, the rights of the person in the hearing provided for in division (C) of this section, and the possible consequences of a court order, shall be given to the adult. Notice shall also be given to the spouse of the adult or, if he the adult has none, to his the adult's adult children or next of kin, and his the adult's guardian, if any, if his the guardian's whereabouts are known. The notice shall be given in language reasonably understandable to its recipients at least twenty-four hours prior to the hearing provided for in this section. The court may waive the twenty-four hour notice requiement requirement upon a showing that both of the following are the case:
(1) Immediate and irreparable physical harm or immediate and irreparable financial harm to the adult or others will result from the twenty-four hour delay; and
(2) Reasonable attempts have been made to notify the adult, his the adult's spouse, or, if he the adult has none, his the adult's adult children or next of kin, if any, and his the adult's guardian, if any, if his the guardian's whereabouts are known.
Notice of the court's determination shall be given to all persons receiving notice of the filing of the petition provided for in this division.
(C) Upon receipt of a petition for an order for emergency services, the court shall hold a hearing no sooner than twenty-four and no later than seventy-two hours after the notice provided for in division (B) of this section has been given, unless the court has waived the notice. The adult who is the subject of the petition shall have the right to be present at the hearing, present, evidence, and examine and cross-examine witnesses.
(D) The court shall issue an order authorizing the provision of protective services on an emergency basis if it finds, on the basis of clear and convincing evidence, that all of the following:
(1) The adult is an incapacitated person;
(2) An emergency exists;
(3) No person authorized by law or court order to give consent for the adult is available or willing to consent to emergency services.
(E) In issuing an emergency order, the court shall adhere to the following limitations:
(1) The court shall order only such protective services as are necessary and available locally to remove the conditions creating the emergency, and the court shall specifically designate those protective services the adult shall receive;
(2) The court shall not order any change of residence under this section unless the court specifically finds that a change of residence is necessary;
(3) The court may order emergency serices services only for fourteen days. The department may petition the court for a renewal of the order for a fourteen-day period upon a showing that continuation of the order is necessary to remove the emergency.
(4) In its order the court shall authorize the director of the county department or his the director's designee to give consent for the person for the approved emergency services until the expiration of the order;
(5) The court shall not order a person to a hospital or public hospital as defined in section 5122.01 of the Revised Code.
(F) If the county department determines that the adult continues to need protective services after the order provided for in division (D) of this section has expired, the department may petition the court for an order to continue protective services, pursuant to section 5101.65 5101.68 of the Revised Code. After the filing of the petition, the department may continue to provide protective services pending a hearing by the court.
Sec. 5101.701. (A) A court, through a probate judge or a magistrate under the direction of a probate judge, may issue by telephone an ex parte emergency order authorizing the provision of protective services, including the relief available under division (B) of section 5101.702 of the Revised Code, to an adult on an emergency basis if all of the following are the case:
(1) The court receives notice from the county department of job and family services, or an authorized employee of the department, that the department or employee believes an emergency order is needed as described in this section.
(2) There is reasonable cause to believe that the adult is incapacitated.
(3) There is reasonable cause to believe that there is a substantial risk to the adult of immediate and irreparable physical harm, immediate and irreparable financial harm, or death.
(B) An order issued under this section shall be in effect for not longer than twenty-four hours, except that if the day following the day on which the order is issued is not a working day, the order shall remain in effect until the next working day.
(C)(1) Except as provided in division (C)(2) of this section, not later than twenty-four hours after an order is issued under this section, a petition shall be filed with the court in accordance with division (A) of section 5101.70 of the Revised Code.
(2) If the day following the day on which the order was issued is not a working day, the petition shall be filed with the court on the next working day.
(3) Except as provided in section 5101.702 of the Revised Code, proceedings on the petition shall be conducted in accordance with section 5101.70 of the Revised Code.
Sec. 5101.702.  (A) If an order is issued pursuant to section 5101.701 of the Revised Code, the court shall hold a hearing not later than twenty-four hours after the issuance to determine whether there is probable cause for the order, except that if the day following the day on which the order is issued is not a working day, the court shall hold the hearing on the next working day.
(B) At the hearing, the court:
(1) Shall determine whether protective services are the least restrictive alternative available for meeting the adult's needs;
(2) May issue temporary orders to protect the adult from immediate and irreparable physical harm or immediate and irreparable financial harm, including, but not limited to, temporary protection orders, evaluations, and orders requiring a party to vacate the adult's place of residence or legal settlement;
(3) May order emergency services;
(4) May freeze the financial assets of the adult.
(C) A temporary order issued pursuant to division (B)(2) of this section is effective for thirty days. The court may renew the order for an additional thirty-day period.
Information contained in the order may be entered into the law enforcement automated data system.
Sec. 5101.70 5101.71 (A) If it appears that an adult in need of protective services has the financial means sufficient to pay for such services, the county department of job and family services shall make an evaluation regarding such means. If the evaluation establishes that the adult has such financial means, the department shall initiate procedures for reimbursement pursuant to rules promulgated by the department adopted under section 5101.61 of the Revised Code. If the evaluation establishes that the adult does not have such financial means, the services shall be provided in accordance with the policies and procedures established by the state department of job and family services for the provision of welfare assistance. An adult shall not be required to pay for court-ordered protective services unless the court determines upon a showing by the county department of job and family services that the adult is financially able to pay and the court orders the adult to pay.
(B) Whenever the county department of job and family services has petitioned the court to authorize the provision of protective services and the adult who is the subject of the petition is indigent, the court shall appoint legal counsel.
Sec. 5101.72. (A) An adult in need of protective services or a representative of such an adult may file a complaint with the county department of job and family services or its designated agency alleging that protective services were not provided to the adult or that the protective services were inadequate to address the adult's needs. The department or agency shall investigate the complaint and attempt to resolve it.
(B) The director of job and family services shall adopt rules establishing procedures to be followed by a county department of job and family services or its designated agency regarding the investigation and resolution of complaints filed under this section. The rules shall be adopted in accordance with section 111.15 of the Revised Code.
Sec. 5101.74.  (A) There is hereby created the elder abuse commission. The commission shall consist of the following members:
(1) The following members, appointed by the attorney general:
(a) One representative of the AARP;
(b) One representative of the buckeye state sheriffs' association;
(c) One representative of the county commissioners' association of Ohio;
(d) One representative of the Ohio association of area agencies on aging;
(e) One representative of the board of nursing;
(f) One representative of the Ohio coalition for adult protective services;
(g) One person who represents the interests of elder abuse victims;
(h) One person who represents the interests of elderly persons;
(i) One representative of the Ohio domestic violence network;
(j) One representative of the Ohio prosecuting attorneys association;
(k) One representative of the Ohio victim witness association;
(l) One representative of the Ohio association of chiefs of police;
(m) One representative of the Ohio association of probate judges;
(n) Two representatives of national organizations that focus on elder abuse or sexual violence.
(2) The following ex officio members:
(a) The attorney general or the attorney general's designee;
(b) The chief justice of the supreme court of Ohio or the chief justice's designee;
(c) The governor or the governor's designee;
(d) The director of aging or the director's designee;
(e) The director of job and family services or the director's designee;
(f) The director of health or the director's designee;
(g) The director of mental health or the director's designee;
(h) The director of alcohol and drug addiction services or the director's designee;
(i) The director of developmental disabilities or the director's designee;
(j) The superintendent of insurance or the superintendent's designee;
(k) The director of public safety or the director's designee;
(l) The state long-term care ombudsperson or the ombudsperson's designee;
(m) One member of the house of representatives, appointed by the speaker of the house of representatives;
(n) One member of the senate, appointed by the president of the senate.
(C) Members who are appointed shall serve at the pleasure of the attorney general. Vacancies shall be filled in the same manner as original appointments.
(D) All members of the commission shall serve as voting members. The attorney general shall select from among the appointed members a chairperson. The commission shall meet at the call of the chairperson, but not less than four times per year. Special meetings may be called by the chairperson and shall be called by the chairperson at the request of the attorney general. The commission may establish its own quorum requirements and procedures regarding the conduct of meetings and other affairs.
(E) Members shall serve without compensation, but may be reimbursed for mileage and other actual and necessary expenses incurred in the performance of their official duties.
(F) Sections 101.82 to 101.87 of the Revised Code do not apply to the elder abuse commission.
Sec. 5101.741.  (A) The elder abuse commission shall formulate and recommend strategies on all of the following:
(1) Increasing awareness of and improving education on elder abuse;
(2) Increasing research on elder abuse;
(3) Improving policy, funding, and programming related to elder abuse;
(4) Improving the judicial response to elder abuse victims;
(5) Identifying ways to coordinate statewide efforts to address elder abuse.
(B) The commission shall prepare and issue a biennial report on a plan of action that may be used by local communities to aid in the development of efforts to combat elder abuse.
(C) The attorney general may adopt rules as necessary for the commission to carry out its duties. The rules shall be adopted in accordance with section 111.15 of the Revised Code.
Sec. 5101.99.  (A) Whoever violates division (A) or (B) of section 5101.61 5101.63 of the Revised Code shall be fined not more than five hundred dollars.
(B) Whoever violates division (A) of section 5101.27 of the Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates section 5101.133 of the Revised Code is guilty of a misdemeanor of the fourth degree.
Sec. 5111.894.  (A) Subject to division (C)(2) of section 5111.89 of the Revised Code, the department of aging shall establish a home first component of the assisted living program under which eligible individuals may be enrolled in the medicaid-funded component of the assisted living program in accordance with this section. An individual is eligible for the assisted living program's home first component if both of the following apply:
(1) The individual has been determined to be eligible for the medicaid-funded component of the assisted living program.
(2) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that the individual has a medical condition that, unless the individual is enrolled in home and community-based services such as the assisted living program, will require the individual to be admitted to a nursing facility within thirty days of the physician's determination.
(c) The individual has been hospitalized and a physician has determined and documented in writing that, unless the individual is enrolled in home and community-based services such as the assisted living program, the individual is to be transported directly from the hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under section 5101.61 5101.63 of the Revised Code regarding abuse, neglect, or exploitation or such a report referred to a county department of job and family services under section 5126.31 of the Revised Code or has made a request to a county department for protective services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an area agency on aging have jointly documented in writing that, unless the individual is enrolled in home and community-based services such as the assisted living program, the individual should be admitted to a nursing facility.
(B) Each month, each area agency on aging shall identify individuals residing in the area that the area agency on aging serves who are eligible for the home first component of the assisted living program. When an area agency on aging identifies such an individual and determines that there is a vacancy in a residential care facility participating in the medicaid-funded component of the assisted living program that is acceptable to the individual, the agency shall notify the long-term care consultation program administrator serving the area in which the individual resides. The administrator shall determine whether the assisted living program is appropriate for the individual and whether the individual would rather participate in the assisted living program than continue or begin to reside in a nursing facility. If the administrator determines that the assisted living program is appropriate for the individual and the individual would rather participate in the assisted living program than continue or begin to reside in a nursing facility, the administrator shall so notify the department of aging. On receipt of the notice from the administrator, the department shall approve the individual's enrollment in the medicaid-funded component of the assisted living program regardless of the unified waiting list established under section 173.404 of the Revised Code, unless the enrollment would cause the component to exceed any limit on the number of individuals who may participate in the component as set by the United States secretary of health and human services in the assisted living waiver.
Sec. 5123.61.  (A) As used in this section:
(1) "Law enforcement agency" means the state highway patrol, the police department of a municipal corporation, or a county sheriff.
(2) "Abuse" has the same meaning as in section 5123.50 of the Revised Code, except that it includes a misappropriation, as defined in that section.
(3) "Neglect" has the same meaning as in section 5123.50 of the Revised Code.
(B) The department of developmental disabilities shall establish a registry office for the purpose of maintaining reports of abuse, neglect, and other major unusual incidents made to the department under this section and reports received from county boards of developmental disabilities under section 5126.31 of the Revised Code. The department shall establish committees to review reports of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this section, having reason to believe that a person with mental retardation or a developmental disability has suffered or faces a substantial risk of suffering any wound, injury, disability, or condition of such a nature as to reasonably indicate abuse or neglect of that person, shall immediately report or cause reports to be made of such information to the entity specified in this division. Except as provided in section 5120.173 of the Revised Code or as otherwise provided in this division, the person making the report shall make it to a law enforcement agency or to the county board of developmental disabilities. If the report concerns a resident of a facility operated by the department of developmental disabilities the report shall be made either to a law enforcement agency or to the department. If the report concerns any act or omission of an employee of a county board of developmental disabilities, the report immediately shall be made to the department and to the county board.
(2) All of the following persons are required to make a report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or resident, any dentist, podiatrist, chiropractor, practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code, hospital administrator or employee of a hospital, nurse licensed under Chapter 4723. of the Revised Code, employee of an ambulatory outpatient health facility as defined in section 5101.61 5101.60 of the Revised Code, employee of a home health agency, employee of a residential facility licensed under section 5119.22 of the Revised Code that provides accommodations, supervision, and person care services for three to sixteen unrelated adults, or employee of a community mental health facility;
(b) Any school teacher or school authority, social worker, psychologist, attorney, peace officer, coroner, or residents' rights advocate as defined in section 3721.10 of the Revised Code;
(c) A superintendent, board member, or employee of a county board of developmental disabilities; an administrator, board member, or employee of a residential facility licensed under section 5123.19 of the Revised Code; an administrator, board member, or employee of any other public or private provider of services to a person with mental retardation or a developmental disability, or any MR/DD employee, as defined in section 5123.50 of the Revised Code;
(d) A member of a citizen's advisory council established at an institution or branch institution of the department of developmental disabilities under section 5123.092 of the Revised Code;
(e) A member of the clergy who is employed in a position that includes providing specialized services to an individual with mental retardation or another developmental disability, while acting in an official or professional capacity in that position, or a person who is employed in a position that includes providing specialized services to an individual with mental retardation or another developmental disability and who, while acting in an official or professional capacity, renders spiritual treatment through prayer in accordance with the tenets of an organized religion.
(3)(a) The reporting requirements of this division do not apply to employees of the Ohio protection and advocacy system.
(b) An attorney or physician is not required to make a report pursuant to division (C)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the Revised Code, the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding, except that the client or patient is deemed to have waived any testimonial privilege under division (A) or (B) of section 2317.02 of the Revised Code with respect to that communication and the attorney or physician shall make a report pursuant to division (C)(1) of this section, if both of the following apply:
(i) The client or patient, at the time of the communication, is a person with mental retardation or a developmental disability.
(ii) The attorney or physician knows or suspects, as a result of the communication or any observations made during that communication, that the client or patient has suffered or faces a substantial risk of suffering any wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient.
(4) Any person who fails to make a report required under division (C) of this section and who is an MR/DD employee, as defined in section 5123.50 of the Revised Code, shall be eligible to be included in the registry regarding misappropriation, abuse, neglect, or other specified misconduct by MR/DD employees established under section 5123.52 of the Revised Code.
(D) The reports required under division (C) of this section shall be made forthwith by telephone or in person and shall be followed by a written report. The reports shall contain the following:
(1) The names and addresses of the person with mental retardation or a developmental disability and the person's custodian, if known;
(2) The age of the person with mental retardation or a developmental disability;
(3) Any other information that would assist in the investigation of the report.
(E) When a physician performing services as a member of the staff of a hospital or similar institution has reason to believe that a person with mental retardation or a developmental disability has suffered injury, abuse, or physical neglect, the physician shall notify the person in charge of the institution or that person's designated delegate, who shall make the necessary reports.
(F) Any person having reasonable cause to believe that a person with mental retardation or a developmental disability has suffered or faces a substantial risk of suffering abuse or neglect may report or cause a report to be made of that belief to the entity specified in this division. Except as provided in section 5120.173 of the Revised Code or as otherwise provided in this division, the person making the report shall make it to a law enforcement agency or the county board of developmental disabilities. If the person is a resident of a facility operated by the department of developmental disabilities, the report shall be made to a law enforcement agency or to the department. If the report concerns any act or omission of an employee of a county board of developmental disabilities, the report immediately shall be made to the department and to the county board.
(G)(1) Upon the receipt of a report concerning the possible abuse or neglect of a person with mental retardation or a developmental disability, the law enforcement agency shall inform the county board of developmental disabilities or, if the person is a resident of a facility operated by the department of developmental disabilities, the director of the department or the director's designee.
(2) On receipt of a report under this section that includes an allegation of action or inaction that may constitute a crime under federal law or the law of this state, the department of developmental disabilities shall notify the law enforcement agency.
(3) When a county board of developmental disabilities receives a report under this section that includes an allegation of action or inaction that may constitute a crime under federal law or the law of this state, the superintendent of the board or an individual the superintendent designates under division (H) of this section shall notify the law enforcement agency. The superintendent or individual shall notify the department of developmental disabilities when it receives any report under this section.
(4) When a county board of developmental disabilities receives a report under this section and believes that the degree of risk to the person is such that the report is an emergency, the superintendent of the board or an employee of the board the superintendent designates shall attempt a face-to-face contact with the person with mental retardation or a developmental disability who allegedly is the victim within one hour of the board's receipt of the report.
(H) The superintendent of the board may designate an individual to be responsible for notifying the law enforcement agency and the department when the county board receives a report under this section.
(I) An adult with mental retardation or a developmental disability about whom a report is made may be removed from the adult's place of residence only by law enforcement officers who consider that the adult's immediate removal is essential to protect the adult from further injury or abuse or in accordance with the order of a court made pursuant to section 5126.33 of the Revised Code.
(J) A law enforcement agency shall investigate each report of abuse or neglect it receives under this section. In addition, the department, in cooperation with law enforcement officials, shall investigate each report regarding a resident of a facility operated by the department to determine the circumstances surrounding the injury, the cause of the injury, and the person responsible. The investigation shall be in accordance with the memorandum of understanding prepared under section 5126.058 of the Revised Code. The department shall determine, with the registry office which shall be maintained by the department, whether prior reports have been made concerning an adult with mental retardation or a developmental disability or other principals in the case. If the department finds that the report involves action or inaction that may constitute a crime under federal law or the law of this state, it shall submit a report of its investigation, in writing, to the law enforcement agency. If the person with mental retardation or a developmental disability is an adult, with the consent of the adult, the department shall provide such protective services as are necessary to protect the adult. The law enforcement agency shall make a written report of its findings to the department.
If the person is an adult and is not a resident of a facility operated by the department, the county board of developmental disabilities shall review the report of abuse or neglect in accordance with sections 5126.30 to 5126.33 of the Revised Code and the law enforcement agency shall make the written report of its findings to the county board.
(K) Any person or any hospital, institution, school, health department, or agency participating in the making of reports pursuant to this section, any person participating as a witness in an administrative or judicial proceeding resulting from the reports, or any person or governmental entity that discharges responsibilities under sections 5126.31 to 5126.33 of the Revised Code shall be immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of such actions except liability for perjury, unless the person or governmental entity has acted in bad faith or with malicious purpose.
(L) No employer or any person with the authority to do so shall discharge, demote, transfer, prepare a negative work performance evaluation, reduce pay or benefits, terminate work privileges, or take any other action detrimental to an employee or retaliate against an employee as a result of the employee's having made a report under this section. This division does not preclude an employer or person with authority from taking action with regard to an employee who has made a report under this section if there is another reasonable basis for the action.
(M) Reports made under this section are not public records as defined in section 149.43 of the Revised Code. Information contained in the reports on request shall be made available to the person who is the subject of the report, to the person's legal counsel, and to agencies authorized to receive information in the report by the department or by a county board of developmental disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code, the physician-patient privilege shall not be a ground for excluding evidence regarding the injuries or physical neglect of a person with mental retardation or a developmental disability or the cause thereof in any judicial proceeding resulting from a report submitted pursuant to this section.
Sec. 5126.31.  (A) A county board of developmental disabilities shall review reports of abuse and neglect made under section 5123.61 of the Revised Code and reports referred to it under section 5101.611 5101.64 of the Revised Code to determine whether the person who is the subject of the report is an adult with mental retardation or a developmental disability in need of services to deal with the abuse or neglect. The board shall give notice of each report to the registry office of the department of developmental disabilities established pursuant to section 5123.61 of the Revised Code on the first working day after receipt of the report. If the report alleges that there is a substantial risk to the adult of immediate physical harm or death, the board shall initiate review within twenty-four hours of its receipt of the report. If the board determines that the person is sixty years of age or older but does not have mental retardation or a developmental disability, it shall refer the case to the county department of job and family services. If the board determines that the person is an adult with mental retardation or a developmental disability, it shall continue its review of the case.
(B) For each review over which the board retains responsibility under division (A) of this section, it shall do all of the following:
(1) Give both written and oral notice of the purpose of the review to the adult and, if any, to the adult's legal counsel or caretaker, in simple and clear language;
(2) Visit the adult, in the adult's residence if possible, and explain the notice given under division (B)(1) of this section;
(3) Request from the registry office any prior reports concerning the adult or other principals in the case;
(4) Consult, if feasible, with the person who made the report under section 5101.61 5101.63 or 5123.61 of the Revised Code and with any agencies or persons who have information about the alleged abuse or neglect;
(5) Cooperate fully with the law enforcement agency responsible for investigating the report and for filing any resulting criminal charges and, on request, turn over evidence to the agency;
(6) Determine whether the adult needs services, and prepare a written report stating reasons for the determination. No adult shall be determined to be abused, neglected, or in need of services for the sole reason that, in lieu of medical treatment, the adult relies on or is being furnished spiritual treatment through prayer alone in accordance with the tenets and practices of a church or religious denomination of which the adult is a member or adherent.
(C) The board shall arrange for the provision of services for the prevention, correction or discontinuance of abuse or neglect or of a condition resulting from abuse or neglect for any adult who has been determined to need the services and consents to receive them. These services may include, but are not limited to, service and support administration, fiscal management, medical, mental health, home health care, homemaker, legal, and residential services and the provision of temporary accommodations and necessities such as food and clothing. The services do not include acting as a guardian, trustee, or protector as defined in section 5123.55 of the Revised Code. If the provision of residential services would require expenditures by the department of developmental disabilities, the board shall obtain the approval of the department prior to arranging the residential services.
To arrange services, the board shall:
(1) Develop an individualized service plan identifying the types of services required for the adult, the goals for the services, and the persons or agencies that will provide them;
(2) In accordance with rules established by the director of developmental disabilities, obtain the consent of the adult or the adult's guardian to the provision of any of these services and obtain the signature of the adult or guardian on the individual service plan. An adult who has been found incompetent under Chapter 2111. of the Revised Code may consent to services. If the board is unable to obtain consent, it may seek, if the adult is incapacitated, a court order pursuant to section 5126.33 of the Revised Code authorizing the board to arrange these services.
(D) The board shall ensure that the adult receives the services arranged by the board from the provider and shall have the services terminated if the adult withdraws consent.
(E) On completion of a review, the board shall submit a written report to the registry office established under section 5123.61 of the Revised Code. If the report includes a finding that a person with mental retardation or a developmental disability is a victim of action or inaction that may constitute a crime under federal law or the law of this state, the board shall submit the report to the law enforcement agency responsible for investigating the report. Reports prepared under this section are not public records as defined in section 149.43 of the Revised Code.
Section 2.  That existing sections 173.401, 173.501, 2317.54, 4715.36, 5101.60, 5101.61, 5101.611, 5101.62, 5101.63, 5101.64, 5101.66, 5101.67, 5101.68, 5101.69, 5101.70, 5101.71, 5101.72, 5101.99, 5111.894, 5123.61, and 5126.31 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2022 Legislative Information Systems | Disclaimer