(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) “Neglect” means failure to provide a resident with the goods or services necessary to prevent physical harm, mental anguish, or mental illness.
(4) “Physical restraint” includes, but is not limited to, the locked door of a room or any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily.
(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 his 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 his 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 his 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 his sponsor;
(13) The right to retain the services of any health or social services practitioner at his 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 his legal guardian make decisions about medical treatment and services for him;
(15) The right to be free from abuse, neglect, or exploitation;
(16) The right to be free from 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 him, upon request;
(19) The right to confidential treatment of his 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 his health reported to his sponsor;
(22) The right to share a room with a spouse if both are residents of the facility.
(C) A sponsor, the director of health, the director of aging, or a residents’ rights advocate registered under section 3701.07 of the Revised Code may assert on behalf of a resident any of the rights enumerated under this section, section 3722.14 of the Revised Code, or rules adopted by the public health council pursuant to this chapter. 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 3722.13 or 3722.14 of the Revised Code are violated has a cause of action against any person or facility committing the violation. The action may be commenced by the resident or by his sponsor on his behalf. 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.
(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) “Neglect” means failure to provide a resident with the goods or services necessary to prevent physical harm, mental anguish, or mental illness.
(4) “Physical restraint” includes, but is not limited to, the locked door of a room or any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily.
(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 his 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 his 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 his 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 his sponsor;
(13) The right to retain the services of any health or social services practitioner at his 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 his legal guardian make decisions about medical treatment and services for him;
(15) The right to be free from abuse, neglect, or exploitation;
(16) The right to be free from 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 him, upon request;
(19) The right to confidential treatment of his 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 his health reported to his sponsor;
(22) The right to share a room with a spouse if both are residents of the facility.
(C) A sponsor, the director of health, the director of aging, or a residents’ rights advocate registered under section 3701.07 of the Revised Code may assert on behalf of a resident any of the rights enumerated under this section, section 3722.14 of the Revised Code, or rules adopted by the public health council pursuant to this chapter. 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 3722.13 or 3722.14 of the Revised Code are violated has a cause of action against any person or facility committing the violation. The action may be commenced by the resident or by his sponsor on his behalf. 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.
(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) “Neglect” means failure to provide a resident with the goods or services necessary to prevent physical harm, mental anguish, or mental illness.
(4) “Physical restraint” includes, but is not limited to, the locked door of a room or any article, device, or garment that interferes with the free movement of the resident and that he is unable to remove easily.
(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 his 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 his 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 his 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 his sponsor;
(13) The right to retain the services of any health or social services practitioner at his 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 his legal guardian make decisions about medical treatment and services for him;
(15) The right to be free from abuse, neglect, or exploitation;
(16) The right to be free from 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 him, upon request;
(19) The right to confidential treatment of his 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 his health reported to his sponsor;
(22) The right to share a room with a spouse if both are residents of the facility.
(C) A sponsor, the director of health, the director of aging, or a residents’ rights advocate registered under section 3701.07 of the Revised Code may assert on behalf of a resident any of the rights enumerated under this section, section 3722.14 of the Revised Code, or rules adopted by the public health council pursuant to this chapter. 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 3722.13 or 3722.14 of the Revised Code are violated has a cause of action against any person or facility committing the violation. The action may be commenced by the resident or by his sponsor on his behalf. 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.
