Dayton Senior AdvisorDo Ohio's residents' rights cover assisted living?
Yes. Ohio's residents' rights law, Revised Code sections 3721.10 to 3721.17, applies to residents of residential care facilities as well as nursing homes, and each facility must give residents a written copy of those rights and post them.
That is not true in every state, and it gives Dayton-area assisted living residents real leverage. The rights include a safe and clean environment, adequate and appropriate care, dignity and privacy, the right to manage one's own money, to communicate and receive visitors, to participate in decisions about care, and to be free from physical and chemical restraint except in narrow circumstances. Facilities must also have a grievance procedure.
What money rights does a resident have?
A resident may manage their own financial affairs; if the facility holds a resident's money with permission, it must keep it separate, account for it, and give the resident access to it and to quarterly statements.
Charges must be explained in writing before admission and changes given with advance notice. Watch for blanket fees on the residency agreement that are not tied to a service. If you suspect a resident's money is being misused, by the facility or by a relative, the ombudsman and APS both handle financial exploitation.
Can a facility limit visitors?
Residents have the right to receive visitors and to private communication; a facility may set reasonable rules for safety but may not cut a resident off from family, an ombudsman or a lawyer.
Families who are told a parent “cannot have visitors right now” outside a genuine public-health emergency should ask for the reason in writing and call the Region 2 ombudsman at 1-800-395-8267. A resident may also refuse a visitor, including a relative; that is the resident's right, not the facility's.
How are residents' rights enforced in Ohio?
Through the facility's grievance process, the long-term care ombudsman, an ODH complaint, and, under ORC 3721.17, a private lawsuit for violations, which makes Ohio's rights law more than a poster on the wall.
Most problems are best raised first with the administrator, in writing, with a request for a response by a date. If that fails, the ombudsman can mediate and ODH can investigate. Lawsuits are a last resort, but the fact that they are available tends to make facilities take documented complaints seriously.
What are a resident's rights about transfer and discharge?
Residents have the right to written notice before a transfer or discharge, generally 30 days, stating the reason and how to appeal, and to a hearing if they challenge it, except in an emergency.
The details are on our admission and discharge page. The key practical point is speed: call the ombudsman the day a notice arrives, because many discharges can be resolved by changing the care plan or adding outside services before the deadline passes.
Side by side
| Ohio residents' rights include | Ohio residents' rights do not include | |
|---|---|---|
| Care | Adequate and appropriate care and a safe environment | Any service the resident wants regardless of the license |
| Money | Managing one's own funds and getting statements | Freedom from all fees |
| Visitors | Receiving visitors and private communication | Visits that endanger other residents |
| Enforcement | Grievances, ombudsman, ODH complaints and a private right of action | Automatic penalties without a complaint |
Drawn from Ohio Revised Code Chapter 3721, Ohio Administrative Code Chapters 3701-16 and 5160:1-6, ODH and Ohio Department of Aging publications, Ohio Medicaid letters, CareScout, CMS and the VA; our editorial standards explain how we check them.
