Legal Question in Elder Law in Ohio

Re: Health care POA and nursing home responsible parties

I think Federal and Ohio nursing home residents' rights law supports your position. Here are several paragraphs from the Ohio law--R.C. 3721.13 that I think speak to the issue you raise:

"(8) The right to participate in decisions that affect the resident's life, including the right to communicate with the physician and employees of the home in planning the resident's treatment or care and to obtain from the attending physician complete and current information concerning medical condition, prognosis, and treatment plan, in terms the resident can reasonably be expected to understand; the right of access to all information in the resident's medical record; and the right to give or withhold informed consent for treatment after the consequences of that choice have been carefully explained. When the attending physician finds that it is not medically advisable to give the information to the resident, the information shall be made available to the resident's sponsor on the resident's behalf, if the sponsor has a legal interest or is authorized by the resident to receive the information. The home is not liable for a violation of this division if the violation is found to be the result of an act or omission on the part of a physician selected by the resident who is not otherwise affiliated with the home...

(10) The right to confidential treatment of personal and medical records, and the right to approve or refuse the release of these records to any individual outside the home, except in case of transfer to another home, hospital, or health care system, as required by law or rule, or as required by a third-party payment contract;..."

I do suggest that a resident make his/her wishes very clear. Nursing homes also have a duty of notification which has the potential of conflicting with the privacy rights of a resident, unless the resident has specifically informed the facility that he/she wants no one notified.