2011 Ohio Revised Code
Title [51] LI PUBLIC WELFARE
Chapter 5119: DEPARTMENT OF MENTAL HEALTH
5119.81 Residents' rights.

(A) As used in this section:

(1) “Abuse” means the unreasonable confinement or intimidation of a resident, or the infliction of injury or cruel punishment upon a resident, resulting in physical harm, pain, or mental anguish.

(2) “Exploitation” means the unlawful or improper utilization of an adult resident or his resources for personal or monetary benefit, profit, or gain.

(3) “Mechanical restraint” means any method of restricting a resident’s freedom of movement, physical activity, or normal use of the resident’s body, using an appliance or device manufactured for this purpose.

(4) “Neglect” means failure to provide a resident with the goods or services necessary to prevent physical harm, mental anguish, or mental illness.

(5) “Physical restraint,” also known as “manual restraint,” means any method of physically restricting a resident’s freedom of movement, physical activity, or normal use of the resident’s body without the use of a mechanical restraint.

(6) “Seclusion” means the involuntary confinement of a resident alone in a room in which the resident is physically prevented from leaving.

(B) The rights of a resident of an adult care facility include all of the following:

(1) The right to a safe, healthy, clean, and decent living environment;

(2) The right to be treated at all times with courtesy and respect, and with full recognition of personal dignity and individuality;

(3) The right to practice a religion of the resident’s choice or to abstain from the practice of religion;

(4) The right to manage personal financial affairs;

(5) The right to retain and use personal clothing;

(6) The right to ownership and reasonable use of personal property so as to maintain personal dignity and individuality;

(7) The right to participate in activities within the facility and to use the common areas of the facility;

(8) The right to engage in or refrain from engaging in activities of the resident’s own choosing within reason;

(9) The right to private and unrestricted communications, including:

(a) The right to receive, send, and mail sealed, unopened correspondence;

(b) The right to reasonable access to a telephone for private communications;

(c) The right to private visits at any reasonable hour.

(10) The right to initiate and maintain contact with the community, including the right to participate in the activities of community groups at the resident’s initiative or at the initiative of community groups;

(11) The right to state grievances to the owner or the manager of the facility, to any governmental agency, or to any other person without reprisal;

(12) Prior to becoming a resident, the right to visit the facility alone or with the prospective resident’s sponsor;

(13) The right to retain the services of any health or social services practitioner at the resident’s own expense;

(14) The right to refuse medical treatment or services, or if the resident has been adjudicated incompetent pursuant to Chapter 2111. of the Revised Code and has not been restored to legal capacity, the right to have the resident’s legal guardian make decisions about medical treatment and services for the resident;

(15) The right to be free from abuse, neglect, or exploitation;

(16) The right to be free fromseclusion and mechanical and physical restraints;

(17) The right not to be deprived of any legal rights solely by reason of residence in an adult care facility;

(18) The right to examine records maintained by the adult care facility concerning the resident, upon request;

(19) The right to confidential treatment of the resident’s personal records, and the right to approve or refuse the release of these records to any individual outside the facility, except upon transfer to another adult care facility or a nursing home, residential care facility, home for the aging, hospital, or other health care facility or provider, and except as required by law or rule or as required by a third-party payment contract;

(20) The right to be informed in writing of the rates charged by the facility as well as any additional charges, and to receive thirty days notice in writing of any change in the rates and charges;

(21) The right to have any significant change in the resident’s health reported to the resident’s sponsor;

(22) The right to share a room with a spouse if both are residents of the facility.

(C) A sponsor, or the director of mental health, may assert on behalf of a resident any of the rights enumerated under this section, section 5119.83 of the Revised Code, or rules adopted pursuant to sections 5119.70 to 5119.88 of the Revised Code. Any attempted waiver of these rights is void. No adult care facility or person associated with an adult care facility shall deny a resident any of these rights.

(D) Any resident whose rights under this section or section 5119.82 or 5119.83 of the Revised Code are violated has a cause of action against any person or facility committing the violation. The court may award actual and punitive damages for violation of the rights. The court may award to the prevailing party reasonable attorney’s fees limited to the work reasonably performed.

Amended and renumbered by 129th General Assembly File No. 28, HB 153, § 101.01, eff. 7/1/2011.

Effective Date: 09-29-1995