By Cleveland Senior Advisor Care Team · October 7, 2026
Ohio's residents' bill of rights, ORC 3721.13, covers visitors, money, doctors, belongings, billing and complaints. Here is what it says, what families misread, and who to call in Cuyahoga County.
The list is in the statute, and the facility has to hand it to you
Most families learn about nursing home residents' rights the same way: something goes wrong, someone says "that's not allowed, is it?", and nobody can say for sure. Ohio has an answer. Section 3721.13 of the Revised Code is the residents' bill of rights for Ohio nursing homes, and Chapter 3721 defines a "home" broadly enough that much of it reaches residential care facilities too. It is a long section. Most of it is plain English.
The facility is not supposed to keep it secret. Ohio requires the home to give the resident a written statement of these rights, and the statute lets a sponsor act for the resident to see that they are honored. A sponsor is the adult child, relative or friend who has taken on that role. If you are the one standing in the hallway with a clipboard, you have legal footing.
This guide covers the rights that come up most often when Cuyahoga County families call us: who gets in the door, who touches the money, who decides about treatment, what the bill must say, and what you can do when the answer is no. It is not a substitute for a lawyer. It is meant to help you ask the right first question, in writing, to the right person.
Visitors, phone calls and mail
Section 3721.13 gives a resident the right to private and unrestricted communication with family, a social worker and anyone else they choose. That includes sealed mail, access to a telephone, and visits at reasonable hours. The statute also protects private time for a married couple and, where both spouses live in the same home, the right to share a room if both agree.
Two things follow. First, a rule that visitors may come only during a posted two-hour window is hard to square with "reasonable hours." Ask where the posted policy comes from, and ask for it in writing. Second, a resident can say no to a visitor. The right belongs to the resident, not to the family, so if your mother tells staff she does not want to see your brother, the facility can honor that.
If your parent is in a locked memory care unit, the same logic applies. Ohio has no separate memory care certification; it has a written-disclosure requirement under OAC 3701-16-07(F)(5). Whatever the unit's special rules are, they should be in writing, and they should not erase the visiting right in the statute.
Who controls the money
A nursing home resident keeps the right to manage their own money. If they delegate that to the home, the statute gives them the right to an accounting of what the home does with it, and the version of the rule we read describes a statement at least quarterly. They also keep reasonable access to any property or funds the home holds on deposit for them.
This matters most for families whose parent is on Medicaid. Nearly all of a Medicaid resident's income goes toward the cost of care as a patient liability, and Ohio's personal needs allowance, which our research shows is $75 a month for nursing facility residents since October 1, 2025, is what is left for haircuts, clothing and small purchases. That account belongs to the resident. If you suspect it is being drained, or was never set up, ask for the written ledger. Our guide to patient liability and the personal needs allowance explains how the number works.
Do not worry that a written request will be taken as an accusation. Ask neutrally: "Can you send me the last four quarterly statements for the resident trust account?" A home with nothing to hide will produce them quickly. If the answer is slow or vague, that is information too.
Your parent decides about treatment, and chooses the doctor
The bill of rights gives the resident the right to choose a staff physician or an outside attending physician, to know the names and specialties of the doctors involved, to take part in decisions about their own care, to see their medical record, and to give or withhold informed consent to treatment. For a parent who can no longer decide, those decisions pass to whoever holds a valid health care power of attorney or is otherwise authorized.
That last step is where families get tripped up. If there is no power of attorney and your parent has lost capacity, the facility may be asking a daughter to sign things she has no legal authority to sign. Our guide to guardianship and power of attorney in Cuyahoga County covers what Probate Court requires and how families avoid needing it.
The same section limits restraints. Physical and chemical restraints are allowed only to the extent needed to protect the resident from injury, and only on a physician's authorization, with a narrow emergency exception. If you see a parent who is newly sedated, ask for the order and the stated reason. You are entitled to an answer.
Belongings, rooms and roommates
A resident may keep and use personal clothing and a reasonable amount of possessions. A resident has the right to privacy during personal care and medical exams, and staff are expected to knock before entering. The statute also requires reasonable notice before a room or roommate change.
That last one produces more phone calls than almost any other. A Saturday-night move to another wing, with a note taped to a door, is not reasonable notice for a person with dementia. Ask the director of nursing, in writing, what notice was given and to whom. If the move was driven by a staffing change or a bed shortage, say so in your letter, and keep the date and time you were told.
What the bill must say
Ohio requires the home to give written notice of its basic daily rate, the services that rate covers, and any additional charges, at or before admission. The statute also entitles the resident to an itemized bill. If your parent's invoice shows "ancillary charges" as a single total, you are entitled to see what is in it.
Be careful with Medicaid. Ohio's 2014 expansion did not change how long-term nursing care is funded; our page on Medicaid expansion versus long-term care Medicaid explains the difference. If a home asks a Medicaid resident's family for an extra monthly payment to keep the room, treat that as a question for the ombudsman before you write a check.
Complaining without paying for it
The statute protects the right to voice grievances free from interference, coercion, discrimination or reprisal, and to have access to a residents' rights advocate. Retaliation is the fear behind most families' silence, so it helps to know the law names it. A care conference that suddenly turns cold after your complaint should be written down.
The advocate is the long-term care ombudsman. For Cuyahoga, Geauga, Lake, Lorain and Medina counties that is the Long-Term Care Ombudsman of Cleveland, Region 10A, at 1-800-365-3112. It is free and confidential, and it acts only with the resident's or representative's consent. Summit and Portage counties are not in Region 10A; they fall under Region 10B at 1-800-421-7277. For a state licensing complaint, the Ohio Department of Health complaint line is 1-800-342-0553. Our guide to the ombudsman and filing complaints shows which channel suits which problem.
Keep a dated log. A complaint that says "On October 3 at about 6 p.m., Mom's call light went unanswered for 40 minutes, per her roommate" is something an ombudsman can work with. "Care is poor" is not. Facts, dates, names, and what you asked for.
What we cannot tell you, and what to do this week
There is no published count we could verify that shows how often Ohio nursing homes breach these rights, and we will not invent one. Complaint records exist at the state, but they do not tell you whether any given home treats residents well. A tour and a few unannounced visits tell you more.
This week: ask for the written statement of resident rights if you never received one. Ask for the last four quarterly statements on any money the home holds. Ask who the home's grievance contact is. Put the ombudsman's number in your phone. None of it is hostile. It is how an engaged family behaves, and homes know the difference between an engaged family and one looking for a fight.
If your parent is still choosing a home, put these rights into your touring questions. Our directory of verified Greater Cleveland providers is a starting list, and a home that answers these questions easily is telling you something good. If a move out is what the home is asking for, read our guide to the 30-day discharge notice first; the same chapter of Ohio law governs it.
