If enacted, this bill would update current statutes by establishing the right for residents or their authorized representatives to conduct electronic monitoring in nursing care institutions and assisted living facilities. It introduces new requirements for notifying the facility about the installation and use of electronic monitoring devices, including a written notice and consent form that must be submitted prior to installation. This form would detail the intent to monitor, the type of monitoring, and any specific conditions set by the resident or their representative. Additionally, consent from any roommates is required before monitoring can occur, and facilities must make reasonable attempts to accommodate residents wishing to conduct monitoring.
The bill also clarifies the responsibilities of residents regarding the installation and maintenance of monitoring devices, prohibits retaliation from facilities against residents for their monitoring decisions, and ensures that recordings are considered the personal property of the resident. It establishes guidelines for accessing recordings, including the requirement for written consent for access and confidentiality provisions. The Department of Human Services (DHS) is empowered to impose civil penalties for violations and must create rules for implementation. Overall, the bill aims to enhance residents' rights while ensuring transparency and consent in electronic monitoring practices.