On March 23, 2022, a new legislation called “Esther's Law” was enacted in Ohio. It requires that long-term care facilities allow residents, their guardian, or their attorney to install a monitoring device (audio or video) in a patient’s room. O.R.C. § 3721.60. At Lardiere McNair DiNicola & Stonebrook Ltd., LPA, our attorneys have experience in handling nursing home injury cases.

Esther’s Law only applies to long-term care facilities, such as nursing homes and skilled nursing facilities. Assisted Living facilities are excluded because they do not fall under Ohio Law’s definition of long-term care facilities.

This new legislation originated from Esther Piskor’s case. Esther was abused and neglected in an Ohio nursing home for the last three years of her life. Esther’s son, Steve Piskor, decided to put a hidden camera in Esther’s room after suspecting abuse. After six weeks, Steve caught eight nursing aids physically abusing his mother. He then spent years working with Ohio Legislators to create this law and help Ohio families monitor their loved ones in Nursing Home Facilities.

Among other provisions, Esther’s Law requires:

• Residents or guardians be responsible for paying for their own monitoring devices under the law;
• Facilities to provide the electricity to operate the cameras;
• Facilities to post a notice in a visible location at the entrance to the room, giving notice of the surveillance;
• Consent to be given by any other resident in the room;
• No discrimination against residents who choose to have a camera installed in their room.

Ohio Law grants numerous rights to nursing home residents, including, but not limited to, the right to be free from all types of abuse and to be treated with respect and dignity. If you have a loved one residing in a nursing home, skilled nursing facility, or assisted living facility, and you have questions about compliance or believe they have been a victim of neglect, suffered personal injury, or even wrongful death, give Lardiere McNair DiNicola & Stonebrook Ltd., LPA a call to schedule a free consultation, (614) 534-1355.

Aline Wright is a Legal Assistant at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA.  To read more about our firm, please visit lawyerscolumbusohio.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.