Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) The administrator of a home shall:
(1) With the advice of residents, their sponsors, or both, establish and review at least annually, written policies regarding the applicability and implementation of residents' rights under sections 3721.10 to 3721.17 of the Revised Code, the responsibilities of residents regarding the rights, and the home's grievance procedure established under division (A)(2) of this section. The administrator is responsible for the development of, and adherence to, procedures implementing the policies.
(2) Establish a grievance committee for review of complaints by residents. The grievance committee shall be comprised of the home's staff and residents, sponsors, or outside representatives in a ratio of not more than one staff member to every two residents, sponsors, or outside representatives.
(3) Furnish to each resident and sponsor prior to or at the time of admission, and to each member of the home's staff, at least one of each of the following:
(a) A copy of the rights established under sections 3721.10 to 3721.17 of the Revised Code;
(b) A written explanation of the provisions of sections 3721.16 to 3721.162 of the Revised Code;
(c) A copy of the home's policies and procedures established under this section;
(d) A copy of the home's rules;
(e) A copy of the addresses and telephone numbers of the board of health of the health district of the county in which the home is located, the county department of job and family services of the county in which the home is located, the state departments of health and medicaid, the state and local offices of the department of aging, and any Ohio nursing home ombudsman program.
(B) Written acknowledgment of the receipt of copies of the materials listed in this section shall be made part of the resident's record and the staff member's personnel record.
(C) The administrator shall post all of the following prominently within the home:
(1) A copy of the rights of residents as listed in division (A) of section 3721.13 of the Revised Code;
(2) A copy of the home's rules and its policies and procedures regarding the rights and responsibilities of residents;
(3) A notice that a copy of this chapter, rules of the department of health applicable to the home, and federal regulations adopted under the medicare and medicaid programs, and the materials required to be available in the home under section 3721.021 of the Revised Code, are available for inspection in the home at reasonable hours;
(4) A list of residents' rights advocates;
(5) A notice that the following are available in a place readily accessible to residents:
(a) If the home is licensed under section 3721.02 of the Revised Code, a copy of the most recent licensure inspection report prepared for the home under that section;
(b) If the home is a facility, a copy of the most recent statement of deficiencies issued to the home under section 5165.68 of the Revised Code.
(D) The administrator of a home may, with the advice of residents, their sponsors, or both, establish written policies regarding the applicability and administration of any additional residents' rights beyond those set forth in sections 3721.10 to 3721.17 of the Revised Code, and the responsibilities of residents regarding the rights. Policies established under this division shall be reviewed, and procedures developed and adhered to as in division (A)(1) of this section.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3721 | Nursing Homes; Residential Care Facilities
Section 3721.01 | Nursing Home and Residential Care Facility Definitions and Classifications.
Section 3721.011 | Skilled Nursing Care.
Section 3721.012 | Risk Agreement.
Section 3721.02 | Procedures for Inspecting and Licensing Homes - Fees.
Section 3721.021 | Review of Documents by Prospective Residents and Associated Persons.
Section 3721.022 | Establishing and Maintaining Health Standards and Serving as State Survey Agency.
Section 3721.024 | Nursing Facility Recognition Program.
Section 3721.026 | Assignment or Transfer of Operation of Nursing Home.
Section 3721.027 | Investigation of Unresolved Complaints Found to Be Valid.
Section 3721.03 | Enforcement of Provisions - Revocation of License.
Section 3721.031 | Investigation of Complaint Concerning Home - Disclosure of Information.
Section 3721.032 | Fire Marshal to Enforce and Adopt Fire Safety Rules.
Section 3721.04 | Adoption and Publication of Uniform Rules Governing Operation of Homes.
Section 3721.041 | Vaccinations to Be Offered to Residents.
Section 3721.042 | Excluded Grounds for Denial of License.
Section 3721.05 | Operating Home Requires License - Prohibited Activities.
Section 3721.051 | County or District - Prohibited Activities.
Section 3721.06 | Prohibition Against Placement of Person in Unlicensed Home.
Section 3721.07 | Requirement for Issuance of License - Revocation.
Section 3721.072 | Biennial Participation in Quality Improvement Projects.
Section 3721.08 | Injunctive Relief.
Section 3721.081 | Summary Orders.
Section 3721.09 | Local Regulations.
Section 3721.10 | Residents' Rights Definitions.
Section 3721.11 | Director to Adopt Rules.
Section 3721.12 | Duties of Nursing Home Administrator Concerning Residents' Rights.
Section 3721.121 | Criminal Records Check.
Section 3721.122 | Screening and Accommodations for Sex Offenders.
Section 3721.13 | Residents' Rights.
Section 3721.14 | Implementation of Residents' Rights.
Section 3721.141 | Notification of Benefit Eligibility.
Section 3721.15 | Authorization to Handle Residents' Financial Affairs.
Section 3721.16 | Residents' Rights Concerning Transfer or Discharge.
Section 3721.161 | Hearing Challenging Proposed Transfer or Discharge.
Section 3721.162 | Determining Whether Transfer or Discharge Complies.
Section 3721.17 | Grievance Procedure.
Section 3721.18 | Attorney General Duties.
Section 3721.19 | Nonparticipation in State Assistance Program.
Section 3721.20 | Compassionate Care Visits.
Section 3721.21 | Long-Term Care Facility Definitions.
Section 3721.22 | Reporting Abuse or Neglect of Resident or Misappropriation of Property.
Section 3721.23 | Investigations.
Section 3721.24 | Whistleblower Protection.
Section 3721.25 | Confidentiality.
Section 3721.26 | Adoption of Rules.
Section 3721.28 | Nurses Aides Training and Competency Evaluation Programs.
Section 3721.29 | Orientation Program - Performance Review - In-Service Education.
Section 3721.30 | Competency Evaluation Program Contents.
Section 3721.31 | Approving or Rejecting Programs.
Section 3721.32 | State Nurse Aide Registry.
Section 3721.33 | Nurse Aide Training Fund.
Section 3721.34 | Cooperation With Other Agencies.
Section 3721.35 | Unauthorized Practice of Nursing.
Section 3721.60 | Electronic Monitoring in Long-Term Care Facilities Definitions.
Section 3721.61 | Electronic Monitoring Authorization Form.
Section 3721.62 | Roommate Consent.
Section 3721.63 | Form Prescribed by Facility.
Section 3721.64 | Posted Notice.
Section 3721.65 | No Discrimination for Use of Electronic Monitoring Device.
Section 3721.66 | Tampering and Unauthorized Use.
Section 3721.68 | Law Enforcement Exception.