In the end of December 2021, Governor Mike DeWine signed legislation commonly known as Esther’s Law to provide more protection for nursing home residents in the State of Ohio. The new law grants nursing home residents and their family the ability to authorize and install electronic video devices in resident rooms to monitor the quality of care. It went into effect March 23, 2022.

The law was named after Esther Piskor. The State of Ohio’s Department of Aging reports that for the last three years of her life, Esther was abused and neglected in an Ohio nursing home. She was in her 70s and living with dementia. The Department of Aging states that Steve Piskor, Esther’s son, put a hidden camera in Esther’s nursing home room. The video recording captured aides yelling at Esther, spraying liquid into her face, handling her roughly, and neglecting her for long periods of time.

Esther passed away in May 2018. Her son then worked with Ohio lawmakers to draft the law. The Ohio Statehouse News Bureau reported that two nursing home aides went to prison for their treatment of Esther.

Esther’s law provides that a resident (or a resident's guardian or attorney in fact) may authorize the installation and use of an electronic monitoring device in the resident's room in a long-term care facility. The cost of the device and the cost of installing, maintaining, and removing the device must be paid for by the resident (or the resident's guardian or attorney in fact).

A long-term care facility may require the resident (or resident's guardian or attorney in fact) to complete a form which includes an acknowledgment that the resident (or resident's guardian or attorney in fact) has consented to the installation and use of the recording device in the resident's room. If a resident lives in a room with another resident, the other resident must consent to the installation of the recording device. If a resident’s roommate refuses to consent, then the facility is required to make a reasonable attempt to move either resident to another available room with the consent of the resident being moved. The form may also contain a provision that the facility is released from liability in any civil or criminal action for a violation of a resident's right to privacy.

A resident who has authorized the installation and use of an electronic monitoring device may withdraw that authorization at any time. Also, a long-term care facility may post a notice in a conspicuous place at the entrance to a resident's room stating that an electronic monitoring device is operating in that room.

The full text of the statutes which make up Esther’s Law can be found in Ohio Revised Code Sections 3721.60 to 3721.67.



If you or a loved one is concerned about their safety within a long-term care facility, it is important that you consult with a trusted attorney to explore the rights of nursing home residents. Laribee Law, LLP is here to assist you.

Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.