Ohio Revised Code
Chapter 3721 | Nursing Homes; Residential Care Facilities
Section 3721.24 | Whistleblower Protection.

Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) No person or government entity shall retaliate against an employee or another individual used by the person or government entity to perform any work or services who, in good faith, makes or causes to be made a report of suspected abuse, neglect, or exploitation of a resident or misappropriation of the property of a resident; indicates an intention to make such a report; provides information during an investigation of suspected abuse, neglect, exploitation, or misappropriation conducted by the director of health; or participates in a hearing conducted under section 3721.23 of the Revised Code or in any other administrative or judicial proceedings pertaining to the suspected abuse, neglect, exploitation, or misappropriation. For purposes of this division, retaliatory actions include discharging, demoting, or transferring the employee or other person, preparing a negative work performance evaluation of the employee or other person, reducing the benefits, pay, or work privileges of the employee or other person, and any other action intended to retaliate against the employee or other person.
(B)(1) No person or government entity shall retaliate against a resident who reports or causes to be reported suspected abuse, neglect, exploitation, or misappropriation; indicates an intention to make such a report; provides information during an investigation of alleged abuse, neglect, exploitation, or misappropriation conducted by the director; or participates in a hearing under section 3721.23 of the Revised Code or in any other administrative or judicial proceeding pertaining to the suspected abuse, neglect, exploitation, or misappropriation; or on whose behalf any other person or government entity takes any of those actions.
(2) No person or government entity shall retaliate against a resident whose family member, guardian, sponsor, or personal representative reports or causes to be reported suspected abuse, neglect, exploitation, or misappropriation; indicates an intention to make such a report; provides information during an investigation of alleged abuse, neglect, exploitation, or misappropriation conducted by the director; or participates in a hearing under section 3721.23 of the Revised Code or in any other administrative or judicial proceeding pertaining to the suspected abuse, neglect, exploitation, or misappropriation; or on whose behalf any other person or government entity takes any of those actions.
(3) For purposes of divisions (B)(1) and (2) of this section, retaliatory actions include abuse, verbal threats or other harsh language, change of room assignment, withholding of services, failure to provide care in a timely manner, and any other action intended to retaliate against the resident.
(C) Any person has a cause of action against a person or government entity for harm resulting from violation of division (A) or (B) of this section. If it finds that a violation has occurred, the court may award damages and order injunctive relief. The court may award court costs and reasonable attorney's fees to the prevailing party.

Structure Ohio Revised Code

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 3721.023 | Party Identified in License Deemed Sole Owner of Business on Premises Leased on or Before 1-1-70.

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 3721.071 | Home Must Be Equipped With Both Automatic Fire Extinguishing and Fire Alarm Systems.

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 3721.67 | Rulemaking.

Section 3721.68 | Law Enforcement Exception.

Section 3721.69 | Video-Conference Visitation.

Section 3721.99 | Penalty.