2011 Ohio Revised Code
Title [51] LI PUBLIC WELFARE
Chapter 5119: DEPARTMENT OF MENTAL HEALTH
5119.87 Report of violation - immunity.

(A) Any person who believes that an adult care facility is in violation of sections 5119.70 to 5119.88 of the Revised Code or of any of the rules adopted pursuant to those sections may report the information to the director of mental health. The director shall investigate each report made under this section or section 5119.86 of the Revised Code and shall inform the facility of the results of the investigation. When investigating a report made pursuant to section 340.05 of the Revised Code, the director shall consult with the ADAMHS board that made the report. The director shall keep a record of the investigation and the action taken as a result of the investigation.

The director shall not reveal, without consent, the identity of a person who makes a report under this section or division (G) of section 5119.86 of the Revised Code, the identity of a specific resident or residents referred to in such a report, or any other information that could reasonably be expected to reveal the identity of the person making the report or the resident or residents referred to in the report, except that the director may provide this information to a government agency responsible for enforcing laws applying to adult care facilities.

(B) Any person who believes that a resident’s rights under sections 5119.81 to 5119.84 of the Revised Code have been violated may report the information to the state long-term care ombudsperson, the regional long-term care ombudsperson program for the area in which the facility is located, or the director of mental health. If the person believes that the resident has mental illness or severe mental disability and is suffering abuse or neglect, the person may report the information to the ADAMHS board serving the alcohol, drug addiction, and mental health service district in which the adult care facility is located or a mental health agency under contract with the board in addition to or instead of the ombudsperson, regional program, or director.

(C) Any person who makes a report pursuant to division (A) or (B) of this section or division (G) of section 5119.86 of the Revised Code or any person who participates in an administrative or judicial proceeding resulting from such a report is immune from any civil liability or criminal liability, other than perjury, that might otherwise be incurred or imposed as a result of these actions, unless the person has acted in bad faith or with malicious purpose.

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

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.

Effective Date: 09-29-1999