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11/23/2021

Camera bill passes House

Last week, the Ohio House voted 87-0 to pass SB58, which would allow nursing facility residents, as well as legal guardians and agents, to elect to install electronic monitoring devices in private rooms. The bill, dubbed “Esther’s law” in honor of a nursing facility resident who experienced abuse at the hands of her professional caregivers, now moves to the Senate for concurrence. After that, it will head to the Governor’s desk for signature and take effect 90 days after passage. The bill would allow the Department of Health to promulgate rules around the bill, a process which typically takes 3-6 months; LeadingAge Ohio has asked ODH whether they plan to create rules on the subject.   

LeadingAge Ohio’s Advocacy Committee reviewed and provided input on a number of the bill’s original provisions, mitigating the potential negative impact of the bill. The bill would require residents or their legal representative to notify the nursing facility of their intent to install electronic monitoring devices in private rooms, but only if the nursing facility develops a form to use for this purpose. It also spells out what information would be required for the form, as well as accommodations for roommates, in the event that the resident shares a room. The bill specifies that the nursing facility would not bear any of the cost of the device, except for electricity, and would permit the facility to post signage on the room notifying others that surveillance is in place.

LeadingAge Ohio is developing a sample form, signage and policy for providers to adapt upon final passage of Esther’s Law. LeadingAge Ohio will also plan a webinar for nursing facility members immediately following the bill’s passage, so they can have a full understanding changes they will need to make to comply. Questions regarding the bill may be sent to Susan Wallace at swallace@leadingageohio.org.

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