The proposed bill would significantly update current statutes by establishing a resident's right to conduct electronic monitoring in health care facilities, such as nursing care institutions and assisted living facilities. It introduces new requirements for residents or their representatives to provide written notice and obtain consent from the facility and any roommates before installing electronic monitoring devices. The bill also mandates that facilities must post clear signage about monitoring devices and accommodate residents' requests for installations, while delineating the financial responsibilities of residents for associated costs. Additionally, it enhances privacy protections by prohibiting unauthorized access to recorded images and ensuring that recordings are considered the personal property of the resident.

Furthermore, the bill adds provisions that allow employees facing disciplinary action to access monitoring materials, mandates confidentiality for individuals who view recordings, and specifies that recordings can only be disseminated by the resident or their representative for health and safety concerns. It prohibits facilities from discriminating against residents who choose to conduct monitoring and protects them from liability related to privacy breaches from resident-installed devices. The bill also grants the Department of Human Services the authority to impose civil penalties for violations and requires the adoption of necessary rules to implement these updates, thereby enhancing the rights and protections of residents in shared living environments.

Statutes affected:
House Engrossed Version: