"The Never Alone Act" Will Not Help “as is” with NO IMMEDIATE ENFORCEMENT REMEDY (General Assembly 135, HB 236)

This is the enforcement in this bill that is a long term enforcement, not immediate! :”(I) Either of the following individuals has a private right of action against a congregate care setting for violating this section and may commence an action against the care setting for money damages and injunctive relief:” And also states “If the individual prevails, the court shall award the individual court costs and reasonable attorney's fees” Do they really think this will immediately help a resident never alone?? It won’t.

All the state has to do is: “Sec. 3792.06. (A)(1) The department of health shall create a "Never Alone" information sheet that describes all of the duties, prohibitions, requirements, and rights established under section 3792.05 of the Revised Code, including the following”. and the state will provide the information that (e) “That an individual described in division (I) of section 3792.05 of the Revised Code has a private right of action against a congregate care setting for violating that section..” How in the world is that going to help????? This has been going on since Resident Rights. We have the laws, just no meaningful way to enforce them. This needs to change so that the help is given that is needed.

Read the full context of the bill here, click Current version as introduced.