You’ve Got A Friend In Me: House Bill 236 Requires Providers to Accommodate Patient’s Chosen Advocates

Stemming from concerns raised during the COVID pandemic, the Ohio General Assembly recently passed House Bill 236, dubbed the “Never Alone Act,” (“Act”) which became effective March 20, 2025.  The law requires a wide range of “congregate care facilities” to allow patients/residents to designate an “advocate” and prohibits such facilities from denying the patient or resident access to the advocate under certain specified circumstances. A wide range of individuals are eligible to be designated as an advocate, including spouses, family members, guardians, companions, attorneys-in-fact under a health care power of attorney or a minor’s residential parent or legal custodian.

The Act defines “congregate care facilities” (“Facilities”) as:

• Hospitals[1]
• Health care facilities[2]
• Nursing homes
• Residential care facilities and homes for the aging
• County homes or district homes
• Hospice care programs and pediatric respite care programs
• Residential facilities, and
• Veterans’ homes.

Upon admission, Facilities must inform patients/residents that they may designate an advocate and provide an opportunity for them to make a designation. Additionally, if a person is the patient/resident’s attorney-in-fact under a health care power of attorney, a minor’s residential parent or legal custodian, or an individual appointed by a court to act as the patient’s or resident’s guardian,[3] they will automatically be considered the advocate without the patient/resident designating them.

Facilities cannot deny a patient/resident access to an advocate during the duration of:

(1) a public health emergency,

(2) government orders or rules to prevent the spread of contagious or infectious diseases, epidemics, pandemics[4] and

(3) government orders issued for the prevention or restriction of disease and the prevention, abatement or suppression of nuisances.[5]

At all other times, Facilities must make every reasonable effort to allow the advocate to be physically present in the care setting.

Notwithstanding these specified circumstances, the Act does not override the isolation policies of a hospital or health care facility for patients during invasive procedures in the interest of patient safety, such as where sterile environments must be maintained. In the event of an infectious disease outbreak, Facilities can require the advocate to take special precautions such as wearing personal protective equipment so long as such precautions do not exceed those required by Facility staff.

The Act immunizes Facilities from administrative and civil liability arising from the advocate contracting an infectious disease. Additionally, advocates are prohibited from physically interfering with, delaying or obstructing the provision of any health care to which the patient/resident has consented.

The Act requires Facilities to make adjustments to standing policies and disaster preparedness measures, and Dinsmore healthcare attorneys can advise in these circumstances. If you have any questions about the Never Alone Act, please contact your Dinsmore healthcare attorney for more information.