The proposed General Assembly Raised Bill No. 5142 aims to improve the use of technology for virtual visitation and monitoring in nursing homes and residential care homes. It introduces new definitions, including "facility" to cover both types of care settings, and clarifies terms such as "virtual monitoring" and "virtual visitation." The bill grants residents the right to use their chosen technology for these purposes, provided they cover the costs and comply with privacy regulations. It also requires residents to inform and obtain consent from roommates before using monitoring technology in shared spaces. Additionally, the bill mandates that facilities provide necessary internet access and power sources at no cost to residents, with potential reimbursement through Medicaid and federal COVID-19 funding.
The legislation also establishes responsibilities for facilities, including the creation of policies regarding technology use and ensuring compliance with safety regulations. It repeals existing language that specifically refers to "nursing home" facilities, broadening the scope to include all relevant care settings. The bill protects facilities from liability for privacy violations resulting from residents' technology use, as long as they adhere to the outlined provisions. It imposes penalties on facilities that interfere with or fail to process documentation related to technology use and requires the Office of the Long-Term Care Ombudsman to develop standard forms for residents to notify facilities of their technology plans. The bill aims to enhance resident protections and establish clear guidelines for technology use in care facilities, with an effective date of October 1, 2026.
Statutes affected: Raised Bill: