This week, the Ohio Senate passed the Never Alone Act (House Bill 236) with overwhelming bipartisan support, marking a critical step forward for the rights of individuals in congregate care settings. Following unanimous approval by the House in June, the bill sailed through the Senate with only one opposing vote, from Democrat Catherine D. Ingram. The legislation, championed by Representatives Miller and Lear, reflects a rare instance of unity across party lines, aimed at safeguarding some of Ohio's most vulnerable citizens.
What Is the Never Alone Act?
The Never Alone Act ensures that patients and residents in congregate care settings—such as nursing homes, hospitals, and residential facilities—are never isolated from advocates, even during public health emergencies. Under the bill, patients can designate an advocate to provide emotional support, assist with communication, and advocate for their care. These advocates might include a family member, guardian, or another trusted individual.
The legislation prohibits care facilities from barring access to these advocates except under limited and specific conditions. It also ensures advocates can access patients through telecommunication methods if in-person visits are not feasible. Furthermore, facilities are required to inform patients of their right to designate an advocate and provide clear guidance on how to do so.
Why This Matters
The pandemic highlighted the devastating consequences of isolating individuals in care settings. Many were left without the comfort and protection of loved ones, unable to communicate their needs or advocate for their wellbeing. For nonverbal individuals, this isolation was especially cruel, leaving them vulnerable to neglect, mistreatment, or even death.
By enshrining the right to an advocate into law, the Never Alone Act restores humanity and dignity to those who depend on others for survival. It ensures that no one is left to face challenging health situations alone, regardless of external circumstances.
A Call to Extend Protections
While the Never Alone Act is a significant victory, more work remains. The Ohio Department of Developmental Disabilities are enforcing an ill-advised policy known as "provider of last resort." This policy frequently disrupts care by continually replacing parent caregivers with unfamiliar and often underqualified workers. For nonverbal children who cannot advocate for themselves, this practice is not only cruel but potentially dangerous.
We urge Ohio's General Assembly to act with the same bipartisan spirit to protect these children and their families. A legislative solution could mandate the Ohio Department of Developmental Disabilities to prioritize stability, safety, and the rights of disabled individuals to choose their caregivers.
The passage of the Never Alone Act is a testament to what can be achieved when lawmakers unite for the common good. It addresses a profound injustice exposed by the pandemic, ensuring that vulnerable Ohioans are never again abandoned in their hour of need. We hope this legislation will serve as a foundation for further reforms, including those that protect disabled children from harmful, misguided policies.
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