Do Ohio Nursing Homes Have to Report Abuse?

When a loved one shows signs of possible abuse or neglect in an Ohio nursing home, it’s human nature to hope and assume that the facility is taking action. But are they required to? And what happens if they don’t? Under Ohio law, nursing homes and their staff are legally obligated to report suspected abuse, neglect, or exploitation. However, just because the law requires it does not mean it always happens. Families often discover that concerns went unreported or were brushed aside.

As a nurse and attorney with more than 30 years of experience, I’ve helped many families navigate these painful and frustrating situations. Here’s what you need to know about how mandatory reporting works in Ohio, and what you can do if the system fails your family.

What is the law on reporting nursing home abuse in Ohio?

Ohio law, as covered under Ohio Revised Code §3721.23, mandates that certain professionals, including nursing home employees, administrators, physicians, social workers, and other caregivers, must report suspected elder abuse or neglect.

This includes:

• Physical abuse or unexplained injuries
• Emotional or verbal abuse
• Sexual abuse
• Financial exploitation
• Neglect, such as untreated bedsores, dehydration, medication errors, or dangerous wandering

Even if they are not completely sure, mandated reporters are encouraged to act “in good faith.” Ohio law offers legal protection to those who file a report and legal consequences for those who don’t.

What are nursing homes supposed to do?

Facilities are required to follow both state and federal reporting laws. That means:

• Immediately reporting serious injuries or suspected abuse to the Ohio Department of Health
• Calling law enforcement if there is reason to believe a crime occurred
• Conducting an internal investigation and documenting what happened
• Ensuring the resident’s safety and preventing retaliation

The Centers for Medicare & Medicaid Services (CMS) also reinforces the federal requirement that abuse must be reported within two hours if serious bodily harm is involved.

Why do some facilities fail to report abuse?

Sadly, not every nursing home does the right thing. In my experience, facilities sometimes:

• Minimize the severity of an incident to avoid being cited
• Fail to train staff properly on what to report and how
• Ignore red flags when the abuser is another staff member
• Delay reporting to avoid triggering state inspections

These failures are not just unethical. They can be life-threatening.

What happens if a nursing home fails to report abuse?

Facilities may face citations, fines, or increased state oversight. In some cases, legal action may also be appropriate if a loved one was harmed.

How can I report nursing home abuse in Ohio?

If you believe a nursing home didn’t report abuse or tried to conceal it, you can and should file your own complaint. You don’t need permission from the facility, and you don’t have to wait.

The Ohio Department of Health allows family members, visitors, and concerned citizens to report abuse or neglect anonymously if needed.

You can also visit the Ohio Department of Aging’s Elder Justice Resource Page to learn more about how to recognize and report different forms of elder mistreatment.

Still not sure? These resources may help:

• When and why to file an Ohio department of health complaint
• How to spot nursing home abuse and neglect
• How to report elder abuse

Do I need a lawyer if nursing home abuse wasn’t reported?

If your mom or dad has suffered a serious injury and you were not told about it, it’s time to speak with someone who can help.

I regularly work with families to investigate:

• Whether the facility followed mandatory reporting laws
• What documentation or incident reports exist
• How to hold the nursing home legally and financially accountable

These are painful situations, but you don’t have to face them alone. I understand how hard it is to realize that someone you trusted with your parent’s care failed them. I’m here to listen, support, and help you take the next step.

If you suspect abuse went unreported at your loved one’s nursing home, contact me today. I serve families throughout Ohio from offices in Cleveland, Dayton, and Cincinnati.

Schedule a free consultation with the Nancy C. Iler Law Firm, compassionate legal help when you need it most.