Bill Text: OH HB298 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To permit a resident of a nursing home to conduct electronic monitoring of the resident's room.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-10-16 - To Judiciary [HB298 Detail]

Download: Ohio-2013-HB298-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 298

Representatives Duffey, Stinziano 

Cosponsors: Representatives Hill, Rogers, Sheehy 

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A BILL

To amend sections 3721.13 and 3721.18 of the Revised

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Code to permit a resident of a nursing home to

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conduct electronic monitoring of the resident's

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room.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 3721.13 and 3721.18 of the Revised	5
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 pursuant	9
to the medicare and medicaid programs and applicable state laws	10
and rules adopted by the director of health;	11

(2) The right to be free from physical, verbal, mental, and	12
emotional abuse and to be treated at all times with courtesy,	13
respect, and full recognition of dignity and individuality;	14

(3) Upon admission and thereafter, the right to adequate and	15
appropriate medical treatment and nursing care and to other	16
ancillary services that comprise necessary and appropriate care	17
consistent with the program for which the resident contracted.	18
This care shall be provided without regard to considerations such	19
as race, color, religion, national origin, age, or source of	20
payment for care.	21

(4) The right to have all reasonable requests and inquiries	22
responded to promptly;	23

(5) The right to have clothes and bed sheets changed as the	24
need arises, to ensure the resident's comfort or sanitation;	25

(6) The right to obtain from the home, upon request, the name	26
and any specialty of any physician or other person responsible for	27
the resident's care or for the coordination of care;	28

(7) The right, upon request, to be assigned, within the	29
capacity of the home to make the assignment, to the staff	30
physician of the resident's choice, and the right, in accordance	31
with the rules and written policies and procedures of the home, to	32
select as the attending physician a physician who is not on the	33
staff of the home. If the cost of a physician's services is to be	34
met under a federally supported program, the physician shall meet	35
the federal laws and regulations governing such services.	36

(8) The right to participate in decisions that affect the	37
resident's life, including the right to communicate with the	38
physician and employees of the home in planning the resident's	39
treatment or care and to obtain from the attending physician	40
complete and current information concerning medical condition,	41
prognosis, and treatment plan, in terms the resident can	42
reasonably be expected to understand; the right of access to all	43
information in the resident's medical record; and the right to	44
give or withhold informed consent for treatment after the	45
consequences of that choice have been carefully explained. When	46
the attending physician finds that it is not medically advisable	47
to give the information to the resident, the information shall be	48
made available to the resident's sponsor on the resident's behalf,	49
if the sponsor has a legal interest or is authorized by the	50
resident to receive the information. The home is not liable for a	51
violation of this division if the violation is found to be the	52
result of an act or omission on the part of a physician selected	53
by the resident who is not otherwise affiliated with the home.	54

(9) The right to withhold payment for physician visitation if	55
the physician did not visit the resident;	56

(10) The right to confidential treatment of personal and	57
medical records, and the right to approve or refuse the release of	58
these records to any individual outside the home, except in case	59
of transfer to another home, hospital, or health care system, as	60
required by law or rule, or as required by a third-party payment	61
contract;	62

(11) The right to privacy during medical examination or	63
treatment and in the care of personal or bodily needs;	64

(12) The right to refuse, without jeopardizing access to	65
appropriate medical care, to serve as a medical research subject;	66

(13) The right to be free from physical or chemical	67
restraints or prolonged isolation except to the minimum extent	68
necessary to protect the resident from injury to self, others, or	69
to property and except as authorized in writing by the attending	70
physician for a specified and limited period of time and	71
documented in the resident's medical record. Prior to authorizing	72
the use of a physical or chemical restraint on any resident, the	73
attending physician shall make a personal examination of the	74
resident and an individualized determination of the need to use	75
the restraint on that resident.	76

Physical or chemical restraints or isolation may be used in	77
an emergency situation without authorization of the attending	78
physician only to protect the resident from injury to self or	79
others. Use of the physical or chemical restraints or isolation	80
shall not be continued for more than twelve hours after the onset	81
of the emergency without personal examination and authorization by	82
the attending physician. The attending physician or a staff	83
physician may authorize continued use of physical or chemical	84
restraints for a period not to exceed thirty days, and at the end	85
of this period and any subsequent period may extend the	86
authorization for an additional period of not more than thirty	87
days. The use of physical or chemical restraints shall not be	88
continued without a personal examination of the resident and the	89
written authorization of the attending physician stating the	90
reasons for continuing the restraint.	91

If physical or chemical restraints are used under this	92
division, the home shall ensure that the restrained resident	93
receives a proper diet. In no event shall physical or chemical	94
restraints or isolation be used for punishment, incentive, or	95
convenience.	96

(14) The right to the pharmacist of the resident's choice and	97
the right to receive pharmaceutical supplies and services at	98
reasonable prices not exceeding applicable and normally accepted	99
prices for comparably packaged pharmaceutical supplies and	100
services within the community;	101

(15) The right to exercise all civil rights, unless the	102
resident has been adjudicated incompetent pursuant to Chapter	103
2111. of the Revised Code and has not been restored to legal	104
capacity, as well as the right to the cooperation of the home's	105
administrator in making arrangements for the exercise of the right	106
to vote;	107

(16) The right of access to opportunities that enable the	108
resident, at the resident's own expense or at the expense of a	109
third-party payer, to achieve the resident's fullest potential,	110
including educational, vocational, social, recreational, and	111
habilitation programs;	112

(17) The right to consume a reasonable amount of alcoholic	113
beverages at the resident's own expense, unless not medically	114
advisable as documented in the resident's medical record by the	115
attending physician or unless contradictory to written admission	116
policies;	117

(18) The right to use tobacco at the resident's own expense	118
under the home's safety rules and under applicable laws and rules	119
of the state, unless not medically advisable as documented in the	120
resident's medical record by the attending physician or unless	121
contradictory to written admission policies;	122

(19) The right to retire and rise in accordance with the	123
resident's reasonable requests, if the resident does not disturb	124
others or the posted meal schedules and upon the home's request	125
remains in a supervised area, unless not medically advisable as	126
documented by the attending physician;	127

(20) The right to observe religious obligations and	128
participate in religious activities; the right to maintain	129
individual and cultural identity; and the right to meet with and	130
participate in activities of social and community groups at the	131
resident's or the group's initiative;	132

(21) The right upon reasonable request to private and	133
unrestricted communications with the resident's family, social	134
worker, and any other person, unless not medically advisable as	135
documented in the resident's medical record by the attending	136
physician, except that communications with public officials or	137
with the resident's attorney or physician shall not be restricted.	138
Private and unrestricted communications shall include, but are not	139
limited to, the right to:	140

(a) Receive, send, and mail sealed, unopened correspondence;

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(b) Reasonable access to a telephone for private	142
communications;	143

(c) Private visits at any reasonable hour.

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(22) The right to assured privacy for visits by the spouse,	145
or if both are residents of the same home, the right to share a	146
room within the capacity of the home, unless not medically	147
advisable as documented in the resident's medical record by the	148
attending physician;	149

(23) The right upon reasonable request to have room doors	150
closed and to have them not opened without knocking, except in the	151
case of an emergency or unless not medically advisable as	152
documented in the resident's medical record by the attending	153
physician;	154

(24) The right to retain and use personal clothing and a	155
reasonable amount of possessions, in a reasonably secure manner,	156
unless to do so would infringe on the rights of other residents or	157
would not be medically advisable as documented in the resident's	158
medical record by the attending physician;	159

(25) The right to be fully informed, prior to or at the time	160
of admission and during the resident's stay, in writing, of the	161
basic rate charged by the home, of services available in the home,	162
and of any additional charges related to such services, including	163
charges for services not covered under the medicare or medicaid	164
program. The basic rate shall not be changed unless thirty days'	165
notice is given to the resident or, if the resident is unable to	166
understand this information, to the resident's sponsor.	167

(26) The right of the resident and person paying for the care	168
to examine and receive a bill at least monthly for the resident's	169
care from the home that itemizes charges not included in the basic	170
rates;	171

(27)(a) The right to be free from financial exploitation;

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(b) The right to manage the resident's own personal financial	173
affairs, or, if the resident has delegated this responsibility in	174
writing to the home, to receive upon written request at least a	175
quarterly accounting statement of financial transactions made on	176
the resident's behalf. The statement shall include:	177

(i) A complete record of all funds, personal property, or	178
possessions of a resident from any source whatsoever, that have	179
been deposited for safekeeping with the home for use by the	180
resident or the resident's sponsor;	181

(ii) A listing of all deposits and withdrawals transacted,	182
which shall be substantiated by receipts which shall be available	183
for inspection and copying by the resident or sponsor.	184

(28) The right of the resident to be allowed unrestricted	185
access to the resident's property on deposit at reasonable hours,	186
unless requests for access to property on deposit are so	187
persistent, continuous, and unreasonable that they constitute a	188
nuisance;	189

(29) The right to receive reasonable notice before the	190
resident's room or roommate is changed, including an explanation	191
of the reason for either change.	192

(30) The right not to be transferred or discharged from the	193
home unless the transfer is necessary because of one of the	194
following:	195

(a) The welfare and needs of the resident cannot be met in	196
the home.	197

(b) The resident's health has improved sufficiently so that	198
the resident no longer needs the services provided by the home.	199

(c) The safety of individuals in the home is endangered.

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(d) The health of individuals in the home would otherwise be	201
endangered.	202

(e) The resident has failed, after reasonable and appropriate	203
notice, to pay or to have the medicare or medicaid program pay on	204
the resident's behalf, for the care provided by the home. A	205
resident shall not be considered to have failed to have the	206
resident's care paid for if the resident has applied for medicaid,	207
unless both of the following are the case:	208

(i) The resident's application, or a substantially similar	209
previous application, has been denied by the county department of	210
job and family services.	211

(ii) If the resident appealed the denial pursuant to division	212
(C) of section 5101.35 of the Revised Code, the director of job	213
and family services has upheld the denial.	214

(f) The home's license has been revoked, the home is being	215
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	216
or section 5155.31 of the Revised Code, or the home otherwise	217
ceases to operate.	218

(g) The resident is a recipient of medicaid, and the home's	219
participation in the medicaid program is involuntarily terminated	220
or denied.	221

(h) The resident is a beneficiary under the medicare program,	222
and the home's participation in the medicare program is	223
involuntarily terminated or denied.	224

(31) The right to voice grievances and recommend changes in	225
policies and services to the home's staff, to employees of the	226
department of health, or to other persons not associated with the	227
operation of the home, of the resident's choice, free from	228
restraint, interference, coercion, discrimination, or reprisal.	229
This right includes access to a residents' rights advocate, and	230
the right to be a member of, to be active in, and to associate	231
with persons who are active in organizations of relatives and	232
friends of nursing home residents and other organizations engaged	233
in assisting residents.	234

(32) The right to have any significant change in the	235
resident's health status reported to the resident's sponsor. As	236
soon as such a change is known to the home's staff, the home shall	237
make a reasonable effort to notify the sponsor within twelve	238
hours;	239

(33) In the case of a nursing home resident, the right to	240
install and use an electronic monitoring device in the resident's	241
room.	242

(B) A sponsor may act on a resident's behalf to assure that	243
the home does not deny the residents' rights under sections	244
3721.10 to 3721.17 of the Revised Code.	245

(C) Any attempted waiver of the rights listed in division (A)	246
of this section is void.	247

Sec. 3721.18.  The attorney general may investigate alleged	248
violations of Chapter 3721. of the Revised Code or rules,	249
policies, or procedures adopted thereunder. WhenIn investigating	250
an allegation of abuse or neglect against a resident of a nursing	251
home, the attorney general may use an electronic monitoring	252
device.	253

When it appears, as the result of thean investigation by the	254
attorney general, that there is cause to prosecute for the	255
commission of a crime, the attorney general shall refer the	256
evidence to the prosecuting attorney having jurisdiction in the	257
matter.	258

Section 2.  That existing sections 3721.13 and 3721.18 of the	259
Revised Code are hereby repealed.	260