Posted On: July 12, 2009 by David W. Terry

Sex Offenders and Nursing Home Residents: Ohio Legislation Moving to Protect Their Elderly

Ohio legislation is moving towards better protection of long-term care facility residents from sex offenders. Under current law, only nearby property owners are notified when a sex offender moves into the area. Unfortunately, long-term care centers are classified as one resident and only a manager or an Administrator is required to be notified. It is rare that information about a local sex offender is passed on to facility residents and their families.

State Senator Capri Cafaro introduced House Bill 130 recently. Bill 130 would require nursing homes and other similar care facilities to inform residents when a sex offender or a person imprisoned due to a felony action in another state is admitted to the facility. Senator Cafaro said the provision for reporting out-of-state felons helps prevent "dumping". "Dumping" is when a care facility recruits residents from other areas to fill bed space and take advantage of Medicaid subsidies. The bill also provides immunity to whistle-blowers, or employees of the facility, who report the facility's refusal to comply with the law. The Bill also calls for a $100 per day fine for each day an offender is not reported.

By law, nursing homes cannot refuse a potential resident if they are in need of care and can provide payment. Bill 130 carries a requirement that care facilities keep a log identifying sex offenders and that log is to be available upon request.