Ohio Code 5124.081 – Resident’s cause of action for breach
An ICF/IID resident has a cause of action against the provider of the ICF/IID for breach of the provider agreement obligations or other duties imposed by section 5124.08 of the Revised Code. The action may be commenced by the resident, or on the resident’s behalf by the resident’s sponsor, by the filing of a civil action in the court of common pleas of the county in which the ICF/IID is located or in the court of common pleas of Franklin county.
Terms Used In Ohio Code 5124.081
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Provider: means an operator with a valid provider agreement. See Ohio Code 5124.01
- Provider agreement: means a provider agreement, as defined in section 5164. See Ohio Code 5124.01
- Reasonable: means that a cost is an actual cost that is appropriate and helpful to develop and maintain the operation of resident care facilities and activities, including normal standby costs, and that does not exceed what a prudent buyer pays for a given item or services. See Ohio Code 5124.01
- Sponsor: means an adult relative, friend, or guardian of an ICF/IID resident who has an interest or responsibility in the resident's welfare. See Ohio Code 5124.01
If a court of common pleas finds that a provider has breached a provider agreement obligation or other duty imposed by section 5124.08 of the Revised Code, the court may do one or more of the following:
(A) Enjoin the provider from engaging in the practice;
(B) Order such affirmative relief as may be necessary;
(C) Award to a resident and a sponsor that brings the action on behalf of a resident actual damages, costs, and reasonable attorney’s fees.