House Bill No. 5142, also known as Public Act No. 26-28, establishes regulations regarding the use of technology for virtual monitoring in residential care homes, effective October 1, 2026. The bill defines key terms such as "resident," "resident representative," "residential care home," "technology," and "virtual monitoring." It grants residents the right to use their chosen technology for virtual monitoring, provided they bear all associated costs and comply with privacy laws. Residents must notify roommates and obtain their consent if the technology is used in shared living situations. Additionally, the residential care home can set policies regarding the placement and use of such technology, ensuring it does not interfere with resident care or privacy.

The bill also amends existing law by repealing certain provisions related to liability for nursing home facilities. Specifically, it removes references to federal law and clarifies that nursing homes are immune from liability for privacy violations caused by a resident's use of technology, as long as the use complies with the new provisions. The bill includes stipulations for the Commissioner of Public Health to adopt regulations to implement these changes and provides for the Office of the Long-Term Care Ombudsman to create standard forms for residents and their representatives regarding virtual monitoring.

Statutes affected:
Raised Bill:
AGE Joint Favorable:
File No. 84:
PH Joint Favorable: