Hulsmeyer v. Hopsice of Southwest Ohio, Court Considering Extent of Oh - AARP... Legal Advocacy

Court Considering Extent of Ohio Whistleblower Protections

Read AARP's (PDF) Now at issue before the Ohio Supreme Court is whether a nurse who worked at a long-term care facility and reported suspected abuse of a resident to her supervisor and the resident’s family is protected by state anti-retaliation laws, or whether that law only applies to employees who report suspected abuse to governmental authorities.

Background

Patricia Hulsmeyer is a registered nurse who reported suspected abuse of an older resident of the facility where she worked. She made the report first to her direct supervisor, and then to resident’s family. The long-term care facility later fired Hulsmeyer for reporting her suspicions of abuse. Hulsmeyer sued on the basis of a state law that protects whistleblowers who make “good faith” reports of abuse or neglect from retaliation by their employers. A trial court ruled that Ohio’s whistleblower protections did not protect her because she had not reported the suspected abuse or neglect to the state Department of Health. AARP filed a friend-of-the-court brief in her appeal, and the Ohio appeals court held in Hulsmeyer’s favor. The facility appealed to the Ohio Supreme Court, where AARP filed another brief supporting Hulsmeyer’s position. AARP Foundation Litigation attorneys filed AARP’s Supreme Court brief which was joined by multiple advocacy groups, including Disability Rights Ohio, the National Senior Citizens Law Center, the National Health Law Program, and the National Disability Rights Network. The brief describes the prevalence and chronic underreporting of elder abuse and abuse of people with disabilities, the severe effects of abuse, and the necessity of empowering direct caregivers to report abuse. The brief also argues that the plain language of the statute and Ohio public policy protect whistleblowers from retaliation for reporting suspected abuse or neglect. AARP argues in the brief that the Ohio statute provides that protection, but the facility’s “interpretation of the statute frustrates its objective to encourage reporting of abuse and neglect in facilities.”

What s at Stake

Residents in long term care facilities are among the most vulnerable older people as a result of diminished capabilities to care for themselves, dependent on others for their day to day decision making, and isolation from family and friends. The history of the long-term care industry is replete with examples of abuse and neglect, leading to the enactment of laws on federal and state levels enhancing protections for residents and empowering facility employees who report abuse and neglect. Governmental oversight authorities have historically been underfunded and overworked; therefore, it is crucial that facility employees, who are often in the best position to observe resident abuse and fill the oversight gap left by government authorities, have all available tools to protect themselves from retaliation by their employers.

Case Status

Hulsmeyer v. Hospice of Southwest Ohio is before the Supreme Court of Ohio, that state’s highest court.

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