As Introduced
134th General Assembly
Regular Session H. B. No. 751
2021-2022
Representatives Holmes, Liston
Cosponsors: Representatives Gross, Lipps, Smith, K.
A BILL
To amend sections 3721.13, 3721.16, 3721.161, and 1
3721.162 of the Revised Code regarding the 2
transfer and discharge of persons residing in 3
long-term care facilities. 4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3721.13, 3721.16, 3721.161, and 5
3721.162 of the Revised Code be amended to read as follows: 6
Sec. 3721.13. (A) The rights of residents of a home shall 7
include, but are not limited to, the following: 8
(1) The right to a safe and clean living environment 9
pursuant to the medicare and medicaid programs and applicable 10
state laws and rules adopted by the director of health; 11
(2) The right to be free from physical, verbal, mental, 12
and emotional abuse and to be treated at all times with 13
courtesy, respect, and full recognition of dignity and 14
individuality; 15
(3) Upon admission and thereafter, the right to adequate 16
and appropriate medical treatment and nursing care and to other 17
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As Introduced
ancillary services that comprise necessary and appropriate care 18
consistent with the program for which the resident contracted. 19
This care shall be provided without regard to considerations 20
such as race, color, religion, national origin, age, or source 21
of payment for care. 22
(4) The right to have all reasonable requests and 23
inquiries responded to promptly; 24
(5) The right to have clothes and bed sheets changed as 25
the need arises, to ensure the resident's comfort or sanitation; 26
(6) The right to obtain from the home, upon request, the 27
name and any specialty of any physician or other person 28
responsible for the resident's care or for the coordination of 29
care; 30
(7) The right, upon request, to be assigned, within the 31
capacity of the home to make the assignment, to the staff 32
physician of the resident's choice, and the right, in accordance 33
with the rules and written policies and procedures of the home, 34
to select as the attending physician a physician who is not on 35
the staff of the home. If the cost of a physician's services is 36
to be met under a federally supported program, the physician 37
shall meet the federal laws and regulations governing such 38
services. 39
(8) The right to participate in decisions that affect the 40
resident's life, including the right to communicate with the 41
physician and employees of the home in planning the resident's 42
treatment or care and to obtain from the attending physician 43
complete and current information concerning medical condition, 44
prognosis, and treatment plan, in terms the resident can 45
reasonably be expected to understand; the right of access to all 46
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As Introduced
information in the resident's medical record; and the right to 47
give or withhold informed consent for treatment after the 48
consequences of that choice have been carefully explained. When 49
the attending physician finds that it is not medically advisable 50
to give the information to the resident, the information shall 51
be made available to the resident's sponsor on the resident's 52
behalf, if the sponsor has a legal interest or is authorized by 53
the resident to receive the information. The home is not liable 54
for a violation of this division if the violation is found to be 55
the result of an act or omission on the part of a physician 56
selected by the resident who is not otherwise affiliated with 57
the home. 58
(9) The right to withhold payment for physician visitation 59
if the physician did not visit the resident; 60
(10) The right to confidential treatment of personal and 61
medical records, and the right to approve or refuse the release 62
of these records to any individual outside the home, except in 63
case of transfer to another home, hospital, or health care 64
system, as required by law or rule, or as required by a third- 65
party payment contract; 66
(11) The right to privacy during medical examination or 67
treatment and in the care of personal or bodily needs; 68
(12) The right to refuse, without jeopardizing access to 69
appropriate medical care, to serve as a medical research 70
subject; 71
(13) The right to be free from physical or chemical 72
restraints or prolonged isolation except to the minimum extent 73
necessary to protect the resident from injury to self, others, 74
or to property and except as authorized in writing by the 75
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As Introduced
attending physician for a specified and limited period of time 76
and documented in the resident's medical record. Prior to 77
authorizing the use of a physical or chemical restraint on any 78
resident, the attending physician shall make a personal 79
examination of the resident and an individualized determination 80
of the need to use the restraint on that resident. 81
Physical or chemical restraints or isolation may be used 82
in an emergency situation without authorization of the attending 83
physician only to protect the resident from injury to self or 84
others. Use of the physical or chemical restraints or isolation 85
shall not be continued for more than twelve hours after the 86
onset of the emergency without personal examination and 87
authorization by the attending physician. The attending 88
physician or a staff physician may authorize continued use of 89
physical or chemical restraints for a period not to exceed 90
thirty days, and at the end of this period and any subsequent 91
period may extend the authorization for an additional period of 92
not more than thirty days. The use of physical or chemical 93
restraints shall not be continued without a personal examination 94
of the resident and the written authorization of the attending 95
physician stating the reasons for continuing the restraint. 96
If physical or chemical restraints are used under this 97
division, the home shall ensure that the restrained resident 98
receives a proper diet. In no event shall physical or chemical 99
restraints or isolation be used for punishment, incentive, or 100
convenience. 101
(14) The right to the pharmacist of the resident's choice 102
and the right to receive pharmaceutical supplies and services at 103
reasonable prices not exceeding applicable and normally accepted 104
prices for comparably packaged pharmaceutical supplies and 105
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services within the community; 106
(15) The right to exercise all civil rights, unless the 107
resident has been adjudicated incompetent pursuant to Chapter 108
2111. of the Revised Code and has not been restored to legal 109
capacity, as well as the right to the cooperation of the home's 110
administrator in making arrangements for the exercise of the 111
right to vote; 112
(16) The right of access to opportunities that enable the 113
resident, at the resident's own expense or at the expense of a 114
third-party payer, to achieve the resident's fullest potential, 115
including educational, vocational, social, recreational, and 116
habilitation programs; 117
(17) The right to consume a reasonable amount of alcoholic 118
beverages at the resident's own expense, unless not medically 119
advisable as documented in the resident's medical record by the 120
attending physician or unless contradictory to written admission 121
policies; 122
(18) The right to use tobacco at the resident's own 123
expense under the home's safety rules and under applicable laws 124
and rules of the state, unless not medically advisable as 125
documented in the resident's medical record by the attending 126
physician or unless contradictory to written admission policies; 127
(19) The right to retire and rise in accordance with the 128
resident's reasonable requests, if the resident does not disturb 129
others or the posted meal schedules and upon the home's request 130
remains in a supervised area, unless not medically advisable as 131
documented by the attending physician; 132
(20) The right to observe religious obligations and 133
participate in religious activities; the right to maintain 134
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individual and cultural identity; and the right to meet with and 135
participate in activities of social and community groups at the 136
resident's or the group's initiative; 137
(21) The right upon reasonable request to private and 138
unrestricted communications with the resident's family, social 139
worker, and any other person, unless not medically advisable as 140
documented in the resident's medical record by the attending 141
physician, except that communications with public officials or 142
with the resident's attorney or physician shall not be 143
restricted. Private and unrestricted communications shall 144
include, but are not limited to, the right to: 145
(a) Receive, send, and mail sealed, unopened 146
correspondence; 147
(b) Reasonable access to a telephone for private 148
communications; 149
(c) Private visits at any reasonable hour. 150
(22) The right to assured privacy for visits by the 151
spouse, or if both are residents of the same home, the right to 152
share a room within the capacity of the home, unless not 153
medically advisable as documented in the resident's medical 154
record by the attending physician; 155
(23) The right upon reasonable request to have room doors 156
closed and to have them not opened without knocking, except in 157
the case of an emergency or unless not medically advisable as 158
documented in the resident's medical record by the attending 159
physician; 160
(24) The right to retain and use personal clothing and a 161
reasonable amount of possessions, in a reasonably secure manner, 162
unless to do so would infringe on the rights of other residents 163
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or would not be medically advisable as documented in the 164
resident's medical record by the attending physician; 165
(25) The right to be fully informed, prior to or at the 166
time of admission and during the resident's stay, in writing, of 167
the basic rate charged by the home, of services available in the 168
home, and of any additional charges related to such services, 169
including charges for services not covered under the medicare or 170
medicaid program. The basic rate shall not be changed unless 171
thirty days' notice is given to the resident or, if the resident 172
is unable to understand this information, to the resident's 173
sponsor. 174
(26) The right of the resident and person paying for the 175
care to examine and receive a bill at least monthly for the 176
resident's care from the home that itemizes charges not included 177
in the basic rates; 178
(27)(a) The right to be free from financial exploitation; 179
(b) The right to manage the resident's own personal 180
financial affairs, or, if the resident has delegated this 181
responsibility in writing to the home, to receive upon written 182
request at least a quarterly accounting statement of financial 183
transactions made on the resident's behalf. The statement shall 184
include: 185
(i) A complete record of all funds, personal property, or 186
possessions of a resident from any source whatsoever, that have 187
been deposited for safekeeping with the home for use by the 188
resident or the resident's sponsor; 189
(ii) A listing of all deposits and withdrawals transacted, 190
which shall be substantiated by receipts which shall be 191
available for inspection and copying by the resident or sponsor. 192
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(28) The right of the resident to be allowed unrestricted 193
access to the resident's property on deposit at reasonable 194
hours, unless requests for access to property on deposit are so 195
persistent, continuous, and unreasonable that they constitute a 196
nuisance; 197
(29) The right to receive reasonable notice before the 198
resident's room or roommate is changed, including an explanation 199
of the reason for either change. 200
(30) The right not to be transferred or discharged from 201
the home unless the transfer is necessary because of one of the 202
following: 203
(a) The welfare and needs of the resident cannot be met in 204
the home. 205
(b) The resident's health has improved sufficiently so 206
that the resident no longer needs the services provided by the 207
home. 208
(c) The safety of individuals in the home is endangered. 209
(d) The health of individuals in the home would otherwise 210
be endangered. 211
(e) The resident has failed, after reasonable and 212
appropriate notice, to pay or to have the medicare or medicaid 213
program pay on the resident's behalf, for the care provided by 214
the home. A resident shall not be considered to have failed to 215
have the resident's care paid for if the resident has applied 216
for medicaid, unless both of the following are the case: 217
(i) The resident's application, or a substantially similar 218
previous application, has been denied. 219