What is the caregiver act in Ohio?

According to AARP, only about half of family caregivers in Ohio received training on medical tasks before the passage of new legislation. To empower these vital individuals, Ohio has enacted several key laws. So, what is the caregiver act in Ohio, and how does it protect you?

Quick Summary

The "caregiver act in Ohio" typically refers to the Ohio Caregiving Act (or CARE Act), which ensures hospital patients 55+ can designate a family caregiver to receive discharge instructions and training. Other important laws include the Compassionate Caregivers Act for visitation rights and various regulations concerning kinship care and medical marijuana. Caregivers should understand these specific legal frameworks.

Key Points

• Ohio Caregiving Act (CARE Act): Ensures designated caregivers for patients 55+ receive hospital discharge instructions and training.

• Compassionate Caregivers Act: Guarantees visitation rights for designated compassionate caregivers in long-term care facilities during emergencies.

• Kinship Caregiver Options: Grandparents and other relatives can gain temporary authority for care using a Caretaker Authorization Affidavit or pursue formal legal custody.

• Medical Marijuana Rules: Caregivers for medical marijuana patients must meet specific eligibility, registration, and purchasing requirements in Ohio.

• Ongoing Financial Legislation: Ohio has proposed legislation, like the Caregiver Expenses Tax Credit, to help offset the financial burden on family caregivers.

• Official Resources Are Available: The Ohio Department of Aging and local Area Agencies on Aging provide a wide range of support services, workshops, and educational materials.

The Ohio Caregiving Act (CARE Act): Empowering Hospital Discharge

The Ohio Caregiving Act is a significant law for family caregivers, particularly those assisting individuals over 55. This act requires hospitals to involve a designated lay caregiver in the discharge planning process and provide necessary training. The goal is to better prepare caregivers for providing care at home and potentially reduce hospital re-admissions.

Key Provisions of the Ohio Caregiving Act

The CARE Act includes several important requirements for hospitals:

• Hospitals must offer patients aged 55 or older the chance to designate a lay caregiver and document this in their medical records.
• Hospitals must inform the designated caregiver when the patient is scheduled for discharge or transfer.
• Before discharge, hospitals are required to provide the designated caregiver with instructions and a demonstration of any medical tasks they will need to perform at home.

Designating a lay caregiver does not impact a Health Care Power of Attorney and does not create a legal obligation for the caregiver to provide care.

The Compassionate Caregivers Act: Assuring Visitation Rights

Passed during the COVID-19 pandemic, the Compassionate Caregivers Act (H.B. 120) addresses visitation in long-term care facilities during public health emergencies. It ensures that compassionate caregivers can maintain in-person contact with residents.

Rules for Compassionate Caregiver Visitation

This act includes provisions such as:

• Permitting compassionate caregiver visitation in long-term care facilities during public health emergencies.
• Defining 'compassionate care' to include situations beyond end-of-life, such as emotional distress or the need for encouragement from a loved one.
• Requiring facilities to have a visitation policy for compassionate care visits.
• Requiring caregivers to follow health and safety rules, including potential screening and PPE use.

Understanding Other Relevant Ohio Caregiver Laws

Ohio has other laws affecting different types of caregivers, including kinship caregivers and those assisting with medical marijuana.

Kinship and Grandparent Caregiver Rights

Ohio law offers options for grandparents and relatives raising children to gain temporary authority for care and decision-making.

• Caretaker Authorization Affidavit (CTA): Grandparents can use this affidavit to gain authority for a grandchild's care, education, and medical treatment when parents are unavailable. A parent's decision can override the CTA unless it would harm the child.
• Legal Custody and Guardianship: These are more formal court-ordered arrangements providing broader rights and responsibilities.

Medical Marijuana Caregiver Regulations

Ohio's medical marijuana program has specific rules for designated caregivers.

• Caregivers must be Ohio residents, at least 21 years old (with exceptions), and natural persons.
• A caregiver can serve a maximum of two patients and cannot be compensated beyond reasonable expenses.

Proposed Financial Support for Caregivers

Proposed legislation, the "Caregiver Expenses Tax Credit Act," aims to provide tax credits for out-of-pocket caregiver expenses, though it is not currently law.

Comparison of Major Ohio Caregiver Acts

Feature	Ohio Caregiving Act (CARE Act)	Compassionate Caregivers Act	Kinship Caretaker Authorization Affidavit
Purpose	To involve designated caregivers in hospital discharge planning and training.	To ensure visitation rights in long-term care facilities during public health emergencies.	To grant temporary medical and educational decision-making authority to grandparents.
Applies to	Patients 55+ and their designated lay caregivers during hospitalization.	Residents of long-term care facilities and their compassionate caregivers during a state of emergency.	Grandparents and their minor grandchildren when parents are unavailable or consent.
Key Action	Requires hospitals to designate, inform, and train the caregiver.	Requires facilities to allow in-person visits under specific safety conditions.	Grants authority for consent to medical, psychological, and dental treatment, as well as school enrollment.
Legal Document	Patient designation in medical records.	Not a standalone document; visitation policy is based on the law.	Notarized affidavit signed by the grandparent.
Triggering Event	Hospital admission and discharge.	Public health emergency declared by the state.	Inability to contact or obtain consent from parents.

Resources for Ohio Caregivers

Ohio offers various resources for caregivers. The Ohio Department of Aging provides programs and information, often through the National Family Caregiver Support Program. Local Area Agencies on Aging (AAAs), like the Central Ohio AAA, offer workshops, support groups, and respite care. Pro Seniors, Inc. offers free legal advice to older adults. An official state resource is the caregiver support website: ohio.gov/residents/resources/caregiver-support.

Conclusion

Understanding what is the caregiver act in Ohio is vital for those caring for loved ones. Key laws like the Ohio Caregiving Act and the Compassionate Caregivers Act provide specific protections regarding hospital discharge and long-term care visitation. Coupled with laws for kinship and medical marijuana caregivers, these acts form a network of support and regulation. Staying informed helps caregivers advocate for themselves and those in their care.

Frequently Asked Questions

What is the primary purpose of the Ohio Caregiving Act?

The Ohio Caregiving Act's primary purpose is to ensure that hospital patients aged 55 and older can designate a family caregiver. The hospital must then include this caregiver in the discharge planning process and provide them with instruction and training on necessary home care medical tasks.

How do I become a designated caregiver under the CARE Act?

To become a designated caregiver under the CARE Act, the hospital must offer the patient (who is 55 or older) or their guardian the opportunity to make this designation after admission and before discharge. The patient or guardian must agree to designate you as their lay caregiver.

What is the difference between the Ohio Caregiving Act and the Compassionate Caregivers Act?

The Ohio Caregiving Act applies to hospital discharge for older patients, ensuring caregivers get training. The Compassionate Caregivers Act applies specifically to long-term care facilities during public health emergencies, guaranteeing compassionate visitation rights.

Can a designated lay caregiver be held liable for providing care under the CARE Act?

No, the Ohio Caregiving Act does not legally obligate a lay caregiver to provide care, nor does it create a binding contract for service. It is intended to empower caregivers with information, not to force them into a care role.

What is a Caretaker Authorization Affidavit for grandparents in Ohio?

A Caretaker Authorization Affidavit is a legal document that allows a grandparent raising a grandchild to get temporary authority to enroll the child in school and consent to medical, dental, and psychological care. It is a way to act in place of a parent when the parent is unavailable.

Are there tax credits available for Ohio caregivers?

While a bill known as the Caregiver Expenses Tax Credit Act has been proposed in Ohio, it is not yet enacted law. Caregivers should check with state government sources or tax professionals for the current status of any potential financial relief programs.

Where can I find support and resources for caregivers in Ohio?

The Ohio Department of Aging website is an excellent starting point, as it lists various resources and programs. You can also contact your local Area Agency on Aging, which offers support groups, respite services, and educational workshops funded through the National Family Caregiver Support Program.