4.35 ICF Personal Designated Advocate (Never Alone Act)

Background:
In the State of Ohio, the Never Alone Act was passed to ensure every patient has access to an advocate who is permitted to be with them in a hospital, nursing home, or other congregate care setting such as an intermediate care facility- especially during a health emergency.

Specifically, the Never Alone Act:
• Requires a congregate care setting to inform a patient or resident that the patient or resident may designate an individual to serve as an advocate and to provide the patient or resident the opportunity to make a designation.
• Prohibits a congregate care setting from 1: denying a patient or resident access to an advocate and 2: prohibiting an advocate from being physically present with a patient or resident.
• Prohibits a political subdivision, public official, or state agency from issuing an order or rule, or enforcing on behalf of the federal government a federal order or rule, that would require a care setting to violate the bill’s provisions.
• Requires the Department of Health to create a Never Alone information fact sheet and each congregate care setting to provide each patient or resident with a copy at the time of admission.
Company Procedures:

CCHS Open Door has implemented the following to adhere with this regulation:
• During the intake process and admission meeting, the ICF team will review the fact sheet on Never Alone Act with the individual and their family/guardian. During the admission meeting, the individual will be encouraged to select who they would like to designate as their advocate. The team will document the review of this regulation and if individual does not select advocate, this will be notated, as well. If an advocate is chosen, this information will be indicated in the electronic record of an individual so that all team members will be aware of who the advocate is and their contact information.
• During each annual ISP meeting, the ICF team will review the fact sheet on Never Alone Act with individual and their family/guardian. At each meeting, the individual will be given the opportunity to select their advocate. The team will document the review of this regulation and if individual does not select advocate, this will be notated, as well. If an advocate is chosen, this information will be indicated in the electronic record of an individual so that all team members will be aware of who the advocate is and their contact information.
• An individual may change the designated advocate as they choose by speaking to their QIDP. The QIDP or designated team member will update this in their record.

The designated advocate:
• Can be anyone that the individual chooses provided they have not been found guilty of abuse to individual, do not pose risk of health and safety to any one at facility, and they are not prohibited from speaking to resident under RULE 66.09.
• May be permitted to always visit the individual at the facility when requested even during Public Health Emergency. If PPE is required for infection control, the advocate should wear it if they do not have a medical exemption certified.
• Will not have access to medical or other information of individual unless formal consent for release of information has been signed by an individual/guardian indicating specifically what can be released to the designated advocate.

Any if any concerns arise regarding this policy or there are any discrepancies between guardian and advocate, please notify the Executive Director or Director of Services via email or phone 614-641-2900 x 3272 or x3254. The concern will be reviewed and followed up on within 5 business days of receipt of concern.

Signed by:

Rebecca Sharp Porter
Chief Executive Director

Last Revised: 1/6/2025