HCS/HBs 1387 & 1482 - This act establishes the "Authorized Electronic Monitoring in Long-Term Care Facilities Act". Under these provisions, a long-term care facility resident shall have the right to place in his or her room an authorized electronic monitoring device that is owned and operated by the resident or provided by the resident's guardian or legal representative. The device shall be open and obvious and the facility and the Department of Health and Senior Services shall be informed about the device. Each facility shall use an electronic monitoring device acknowledgment form developed by the Department, which shall be signed by or on behalf of the resident prior to the use of a monitoring device. The form shall also require any other resident of the room to consent to release the facility from liability for a violation of his or her privacy rights; provided, that the other resident may condition his or her consent on limitations on the use of the device. The facility shall require a resident using a device to post and maintain conspicuous notice regarding the device at the entrance to the resident's room.
No facility shall be civilly or criminally liable for any activity or action arising out of the use of the monitoring device or be liable for a violation of the Health Insurance Portability and Accountability Act (HIPAA) or any resident's right of privacy. No person shall release any recording without the written permission of the resident or resident's guardian or legal representative, except for cases of abuse or neglect as specified in the act. Footage created through the use of the device may be admitted into evidence in civil or criminal actions or administrative proceedings.
No facility shall refuse to admit or remove an individual to the facility because of his or her request to use a device. The facility shall make reasonable physical accommodations for the resident to use a device. The resident, or his or her guardian or legal representative, shall pay for all costs associated with the device, except for electricity. A facility shall not be required to provide Internet service or network access for the device.
The Department may impose appropriate sanctions and administrative penalties on a facility knowingly violating provisions of this act. A person who, without the consent of the resident or his or her guardian or legal representative, intentionally hampers, obstructs, tampers with, or destroys an installed electronic monitoring device or who destroys or corrupts any data collected by the device is guilty of a Class B misdemeanor. Any person who places an unauthorized device in a resident's room, or who consents to the placement of such device, is guilty of a Class B misdemeanor if the person continues such conduct after a written warning to cease and desist.
This act is substantially similar SB 909 (2020) and similar to provisions in SCS/HB 758 (2019) and HCS/HB 1635 (2018).
SARAH HASKINS