02/10/2022

ODH weighs in on camera bill, survey

Last week, LeadingAge Ohio spoke with Ohio Department of Health (ODH) officials related to SB58, Ohio’s “camera bill” that was signed into law in late 2021 and set to take effect on March 23. According to ODH, SB58 lacked language necessary to grant ODH’s survey and certification arm oversight over the requirements of the bill. The bill also allowed–rather than required–ODH to promulgate rules. Given these two points, ODH is currently not planning to promulgate or modify rules related to SB58. 

Though the bill lacks enforcement authority, ODH noted that it was still the law and providers should comply. Additionally, though ODH will not survey based on the new ORC codes (2173.60-.68), ODH believes that use of an electronic monitoring device falls under the 3721.13 (A) (24), the resident’s right to: 

…retain and use personal clothing and a reasonable amount of possessions, in a reasonably secure manner, unless to do so would infringe on the rights of other residents or would not be medically advisable as documented in the resident's medical record by the attending physician;...

Further, ODH noted that complying with the statute as written would likely demonstrate that the facility had made a good faith effort to allow electronic monitoring, while also being cognizant of the privacy of the resident, roommates and others. 

LeadingAge Ohio encourages members to listen to a recorded webinar by Chief Policy Officer Susan Wallace and Janet Feldkamp of law firm Benesch, which discusses the bill’s requirements in detail as well as scenarios surrounding implementation that a facility may encounter. Additionally, LeadingAge Ohio has developed a toolkit for compliance with the electronic monitoring law, which includes a sample policy and procedure, sample form and sample communications for use with residents/families and staff.