OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 120 Final Analysis
134th General Assembly
Click here for H.B. 120’s Fiscal Note
Primary Sponsors: Reps. Fraizer and Richardson
Effective date: July 21, 2022
Effective Date:
Erika Kramer, Attorney UPDATED VERSION
SUMMARY
Compassionate caregivers
 Requires long-term care facilities to permit compassionate caregivers to provide in-
person visitation to facility residents in compassionate care situations during an
epidemic, pandemic, or other state of emergency.
 Requires long-term care facilities to develop and implement a compassionate caregiver
visitation policy within 30 days of the act’s effective date and requires the policy to
meet enumerated criteria.
 Requires the compassionate caregiver visitation policy to be the least restrictive possible
and provide maximum access to residents.
 Permits at least two visitors per resident for at least two hours if the resident appears to
be approaching the end of life.
 Requires long-term care facilities to permit health care and other specified individuals
who are not employees of the facility to enter the facility to provide services to
residents.
DETAILED ANALYSIS
Compassionate caregivers permitted
The act generally requires a long-term care facility to permit compassionate caregivers
to enter the facility to provide in-person visitation to facility residents during an epidemic,
pandemic, or other state of emergency. A long-term care facility is an institution, residence, or
 This version updates the effective date.
April 29, 2022
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facility that provides, for a period of more than 24 hours, accommodations for three or more
unrelated individuals who are dependent on the services of others, including a nursing home,
residential care (“assisted living”) facility, home for the aging, or a veterans’ home. It does not
include any federal facility, including U.S. Department of Veterans Affairs’ facilities. 1
Compassionate caregivers must comply with the facility’s visitor policy (see
“Compassionate caregiver visitation policy” below). When a compassionate
caregiver is visiting a patient at a facility governed by the U.S. Centers for Medicare and
Medicaid (CMS), the caregiver must also comply with all CMS regulations and guidance.2
Compassionate care situations
Under the act, compassionate care does not refer exclusively to end of life situations
and includes at least the following situations:
 The resident’s end of life.
 The resident was recently admitted to the facility and is struggling with the change in
environment and lack of physical family support.
 The resident is grieving after a friend or family member has recently passed away.
 The resident is experiencing weight loss or dehydration and needs cueing and
encouragement when eating or drinking.
 The resident is experiencing emotional distress from isolation as demonstrated by
behavioral changes such as rarely speaking or crying more frequently.
 The resident is in transmission-based precautions for a disease or illness (precautions
that are used when the route of infection transmission is not completely interrupted
using standard precautions alone).3
Identifying residents in need of compassionate care visits
Long-term care facilities must use a person-centered approach in working with
residents, family members, caregivers, personal representatives, and, as appropriate, the State
Long-Term Care Ombudsman Program to identify residents who are in need of compassionate
caregiver visits for compassionate care situations.4
Screening and other procedures
Before entering a long-term care facility, all compassionate caregivers must:
1 R.C. 3721.20(A)(2); R.C. 3721.01, not in the act.
2 R.C. 3721.20(C)(1).
3 R.C. 3721.20(B)(1) and (A)(3).
4 R.C. 3721.20(B)(2).
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1. Undergo screening to ascertain any exposure to any contagious disease or illness and
disclose any symptoms; and
2. Produce valid federal or state identification, log entry into the facility (including
providing the individual’s telephone number and address except in an emergency), and
provide and use all appropriate personal protective equipment.5
Compassionate caregiver visitation policy
The act requires each long-term care facility to develop and implement a compassionate
caregiver visitation policy that applies during an epidemic, pandemic, or other state of
emergency. The policy must be developed and implemented within 30 days after July 21, 2022,
the act’s effective date. The visitation policy must:
 Be the least restrictive possible and provide maximum access to the resident;6
 Permit visitation at any time to accommodate a compassionate caregiver’s and
resident’s schedule;
 Require a compassionate caregiver to provide support to the resident in the resident’s
room or designated visitor space and to limit movement through the facility;
 Reasonably provide hand sanitizing stations and alcohol-based hand sanitizer in
accessible locations;
 Permit at least two visitors per resident for a minimum of two hours for residents who
display a substantial change of condition indicating that end of life is approaching, and
longer if death is imminent.
 Require the facility to educate compassionate caregivers, family members, and other
interested people about the right to contact the Office of the State Long-Term Care
Ombudsman Program with concerns about access to the facility;
 Require the facility to communicate to compassionate caregivers and residents its
visitation policy;
 Require compassionate caregivers to comply with the screening requirements (see
“Screening and other procedures” above); and
 Specify whether compassionate caregivers must schedule compassionate care visits,
other than end of life visits, in advance.7
5 R.C. 3721.20(C)(2).
6 R.C. 3721.20(E).
7 R.C. 3721.20(D).
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Access for health care workers and specified individuals
Long-term care facilities must permit health care and other workers who are not facility
employees to enter the facility to provide direct care to residents or essential services to the
facility. These workers include:
 Hospice care program workers;
 Home health agency workers;
 Emergency medical services personnel;
 Dialysis technicians;
 Clinical laboratory technicians;
 Radiology technicians;
 Social workers;
 Clergy members;
 Hair salon personnel; and
 Contractors conducting critical on-site maintenance.
A facility may restrict an individual worker from providing services in the facility if the
individual (1) is subject to a work exclusion due to direct exposure to a contagious disease or
illness or (2) shows symptoms of a contagious disease or illness when being screened before
entering the facility.8 These health care and other workers must adhere to the core principles of
infection prevention and comply with any applicable testing requirements. However, the
screening and testing requirements do not apply in exigent circumstances, such as to
emergency medical personnel, first responders, or other similarly situated individuals,
responding to an emergency.
Additionally, personnel who provide nonemergency medical transportation to residents
as arranged by the facility must be tested with the same frequency as facility employees.9
Federal guidance
The act provides that it shall not be construed or implemented in such a way as to
conflict with federal regulatory guidance regarding long-term care facility visitation, such as
CMS or CDC guidance.10
8 R.C. 3721.20(F).
9 R.C. 3721.20(G).
10 R.C. 3721.20(H).
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Compliance
The act provides that a long-term care facility must not fail to comply with its
requirements.11
HISTORY
Action Date
Introduced 02-16-21
Reported, H. Families, Aging & Human Services 03-23-21
Passed House (89-2) 03-25-21
Reported, S. Health 04-06-22
Passed Senate (32-0) 04-06-22
House concurred in Senate amendments (94-0) 04-06-22
22-ANHB120EN-UPDATED-134/ar
11 R.C. 3721.20(I).
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