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Patient Safety in Ohio

Ohio law takes a number of precautions to protect patients from abuse or mistreatment.  Anyone who reasonably believes that an adult has suffered abuse, neglect, or exploitation may report such belief to the department of job and family services.1  The department of health must maintain a public toll-free patient safety telephone line and accept calls through the line from any person seeking to report an action or failure to act in the provision of health care that the reporter believes in good faith to have resulted in or that is likely to result in harm to a patient.2

Ohio law specifically requires patient safety-related reporting for certain facilities and providers.   Each provider of a health care service3 (HCS) must establish a quality assessment and improvement program that documents and reviews all unexpected complications and adverse events, which arise during the provision of the service or during the hospital stay.4 All licensed dentists must notify the Ohio state dental board of any untoward event requiring hospital admission or any mortality occurring as a direct result of treatment in an outpatient dental facility.5  Each licensed health professional must report to the director of health if the professional knows or suspects that a resident has been abused or neglected by any individual used by a long-term care facility or residential care facility to provide services to residents.6  In the case of an accident or injury or peculiar death of a patient, the managing officer of an institution governed by the department of mental health7 or the department of developmental disabilities8 will make a special report to the department within 24hours, giving the circumstances as fully as possible.  Each institution controlled by the department of developmental disabilities will have a citizen’s advisory council; the chairperson of each council must be notified within 24 hours of any alleged incident of abuse to a resident or staff member by anyone.9

Ohio law also mandates reporting related to abuse of certain types of patients. The ombudsman section of the legal rights service must immediately refer a complaint involving an immediate and substantial threat to the health or safety of a mentally retarded or developmentally disabled person to the department of developmental disabilities and any other appropriate agency, and must immediately refer a complaint involving an immediate and substantial threat to the health or safety of a mentally ill person to the department of mental health and any other appropriate agency.10  State agencies must immediately report all allegations and investigations of abuse, neglect, or life-threatening situations involving mentally retarded or developmentally disabled persons to the department of developmental disabilities.11

In addition to incident reporting, Ohio law also mandates that every entity assuming liability for malpractice insurance must annually report to the superintendent of insurance information regarding any claim asserted in Ohio against a provider, if the claim resulted in a final judgment or settlement in any amount, or a final disposition resulting in no indemnity payment on behalf of the covered person(s).12

 

Footnotes

  • 1. Ohio Rev. Code § 5101.61
  • 2. Ohio Rev. Code Ann. § 3701.91
  • 3. Note: a health care service is defined in Ohio Admin. Code 3701-84-01(K) “General Definitions”.
  • 4. Ohio Admin. Code 3701-84-12
  • 5. Ohio Admin. Code 4715-5-06
  • 6. Ohio Rev. Code § 3721.22
  • 7. Ohio Rev. Code § 5119.43
  • 8. Ohio Rev. Code § 5123.31
  • 9. Ohio Rev. Code § 5123.093
  • 10. Ohio Rev. Code § 5123.601
  • 11. Ohio Rev. Code § 5123.604
  • 12. Ohio Admin. Code 3901-1-64

 

Patient Safety in Ohio

Subtopic Statute/Regulation Description
Ombudsman programs Access to information by staff and attorneys – Ohio Rev. Code Ann. § 5123.601 “Access to information by staff and attorneys”   The Ohio protection and advocacy system staff and attorneys representing relevant...
Sentinel and adverse event reporting: Infections (HAI) Changes in residents’ health status; incidents; infection control – Ohio Admin. Code 3701-17-62 Residential care facilities must do the following in the event of a significant adverse change in a resident’s health status: Take...
Confidentiality – Ohio Rev. Code Ann. § 5123.31 The department of developmental disabilities will keep in its office, accessible only to its employees or by consent of the department or the order...
General quality assessment and improvement – Ohio Admin. Code 3701-84-12 Each provider of a health care service (HCS) must establish a quality assessment and improvement program and develop a written plan for each service...
Records – Ohio Rev. Code Ann. § 5119.06 The department of mental health must keep in its office, accessible only to its employees, a record with the following information for every patient...
Records – Ohio Rev. Code Ann. § 5120.21 “Records”   The department of rehabilitation and correction shall keep records showing the name, residence, sex, age, nativity,...
Other Complaints; quality assurance – Ohio Admin. Code 3701-7-15 Each maternity unit, newborn care nursery, or maternity home must document complaints regarding the quality or appropriateness of services and...
General quality assessment and performance improvement – Ohio Admin. Code 3701-83-12 Each health care facility (HCF) must establish a quality assessment and performance improvement program and develop a written plan that describes the...
Responsibility of operator and nursing home administrator; quality assurance committee; notice to residents – Ohio Admin. Code 3701-17-06 “Responsibility of operator and nursing home administrator; quality assurance committee”   An operator is in charge of the overall...
Sentinel and adverse event reporting: Accident (incl. falls) Confidentiality – Ohio Rev. Code Ann. § 5123.31 The department of developmental disabilities will keep in its office, accessible only to its employees or by consent of the department or the order...
General quality assessment and improvement – Ohio Admin. Code 3701-84-12 Each provider of a health care service (HCS) must establish a quality assessment and improvement program and develop a written plan for each service...
Notification and reporting of changes in health status, illness, injury and death of a resident – Ohio Admin. Code 3701-17-12 The administrator of a nursing home or his designee must immediately inform the resident, consult with the resident’s physician (or the medical...
Records – Ohio Rev. Code Ann. § 5119.06 The department of mental health must keep in its office, accessible only to its employees, a record with the following information for every patient...
Records – Ohio Rev. Code Ann. § 5120.21 “Records”   The department of rehabilitation and correction shall keep records showing the name, residence, sex, age, nativity,...
Sentinel and adverse event reporting: Death Confidentiality – Ohio Rev. Code Ann. § 5123.31 The department of developmental disabilities will keep in its office, accessible only to its employees or by consent of the department or the order...
General quality assessment and improvement – Ohio Admin. Code 3701-84-12 Each provider of a health care service (HCS) must establish a quality assessment and improvement program and develop a written plan for each service...
Records – Ohio Rev. Code Ann. § 5119.06 The department of mental health must keep in its office, accessible only to its employees, a record with the following information for every patient...
Records – Ohio Rev. Code Ann. § 5120.21 “Records”   The department of rehabilitation and correction shall keep records showing the name, residence, sex, age, nativity,...
Sentinel and adverse event reporting: Fires (involving patient) Confidentiality – Ohio Rev. Code Ann. § 5123.31 The department of developmental disabilities will keep in its office, accessible only to its employees or by consent of the department or the order...
General quality assessment and improvement – Ohio Admin. Code 3701-84-12 Each provider of a health care service (HCS) must establish a quality assessment and improvement program and develop a written plan for each service...
Notification and reporting of changes in health status, illness, injury and death of a resident – Ohio Admin. Code 3701-17-12 The administrator of a nursing home or his designee must immediately inform the resident, consult with the resident’s physician (or the medical...
Records – Ohio Rev. Code Ann. § 5119.06 The department of mental health must keep in its office, accessible only to its employees, a record with the following information for every patient...
Records – Ohio Rev. Code Ann. § 5120.21 “Records”   The department of rehabilitation and correction shall keep records showing the name, residence, sex, age, nativity,...
Sentinel and adverse event reporting: Medication errors Confidentiality – Ohio Rev. Code Ann. § 5123.31 The department of developmental disabilities will keep in its office, accessible only to its employees or by consent of the department or the order...
General quality assessment and improvement – Ohio Admin. Code 3701-84-12 Each provider of a health care service (HCS) must establish a quality assessment and improvement program and develop a written plan for each service...
Records – Ohio Rev. Code Ann. § 5119.06 The department of mental health must keep in its office, accessible only to its employees, a record with the following information for every patient...
Records – Ohio Rev. Code Ann. § 5120.21 “Records”   The department of rehabilitation and correction shall keep records showing the name, residence, sex, age, nativity,...
Sentinel and adverse event reporting: Wrong-site surgery Confidentiality – Ohio Rev. Code Ann. § 5123.31 The department of developmental disabilities will keep in its office, accessible only to its employees or by consent of the department or the order...
General quality assessment and improvement – Ohio Admin. Code 3701-84-12 Each provider of a health care service (HCS) must establish a quality assessment and improvement program and develop a written plan for each service...
Records – Ohio Rev. Code Ann. § 5119.06 The department of mental health must keep in its office, accessible only to its employees, a record with the following information for every patient...
Records – Ohio Rev. Code Ann. § 5120.21 “Records”   The department of rehabilitation and correction shall keep records showing the name, residence, sex, age, nativity,...
Patient abuse/neglect reporting: For specific health care facilities Duties of citizen’s advisory councils – Ohio Rev. Code Ann. § 5123.093 The citizen’s advisory council established at each institution and branch institution under the control of the department of developmental...
Reporting abuse or neglect of resident or misappropriation of property – Ohio Rev. Code Ann. § 3721.22 Each licensed health professional must report to the director of health if the professional knows or suspects that a resident has been abused or...
Reporting abuse, neglect or exploitation of adult – Ohio Rev. Code Ann. § 5101.61 “Reporting abuse, neglect or exploitation of adult”   Any employee that discovers potential abuse related to their employment that...
Reviewing report of abuse, neglect, or a major unusual incident – Ohio Rev. Code Ann. § 5123.611 Upon reviewing a report of abuse, neglect or major unusual incident of an individual with mental retardation or a developmental disability, the...
Toll-free patient safety telephone line – Ohio Rev. Code Ann. § 3701.91 The department of health must maintain a public toll-free patient safety telephone line.  The department must accept calls through the toll-free...
Patient abuse/neglect reporting: Who has the duty to report Duties of citizen’s advisory councils – Ohio Rev. Code Ann. § 5123.093 The citizen’s advisory council established at each institution and branch institution under the control of the department of developmental...
Reporting abuse or neglect of resident or misappropriation of property – Ohio Rev. Code Ann. § 3721.22 Each licensed health professional must report to the director of health if the professional knows or suspects that a resident has been abused or...
Reporting abuse, neglect or exploitation of adult – Ohio Rev. Code Ann. § 5101.61 “Reporting abuse, neglect or exploitation of adult”   Any employee that discovers potential abuse related to their employment that...
Reviewing report of abuse, neglect, or a major unusual incident – Ohio Rev. Code Ann. § 5123.611 Upon reviewing a report of abuse, neglect or major unusual incident of an individual with mental retardation or a developmental disability, the...
Toll-free patient safety telephone line – Ohio Rev. Code Ann. § 3701.91 The department of health must maintain a public toll-free patient safety telephone line.  The department must accept calls through the toll-free...
Malpractice reporting: By insurance companies Malpractice reporting requirements – Ohio Admin. Code 4731-15-03 Any entity that seeks to indemnify the professional liability of any person holding a valid certificate to practice medicine must notify to the state...
Patient safety data reporting Medical liability data collection – Ohio Admin. Code 3901-1-64 Every entity that offers medical malpractice insurance or that assumes liability to pay malpractice insurance must annually report to the...
Patient Safety Recordkeeping – Ohio Admin. Code 5122-33-15 Adult care facilities must maintain a record for each resident that contains the following: The resident’s name, previous address, date of...
Malpractice reporting: Self-report Reports of adverse occurrences – Ohio Admin. Code 4715-5-06 All licensed dentists must notify the Ohio state dental board of any untoward event requiring hospital admission or any mortality occurring as a...