This bill establishes regulations for authorized electronic monitoring in nursing facilities, allowing residents or their representatives to use electronic monitoring devices in their rooms. It outlines the definitions of key terms such as "electronic monitoring," "electronic monitoring device," and "resident representative." The bill mandates that written consent must be obtained from the resident and any roommates before monitoring can commence, and it details the process for obtaining consent, including the conditions under which consent can be withdrawn. Additionally, it requires nursing facilities to accommodate requests for electronic monitoring and to provide necessary notifications and consent forms.
The legislation also addresses various aspects of electronic monitoring, including the responsibilities for costs and installation, penalties for obstructing monitoring devices, and the rules governing the dissemination of recordings. It ensures that recordings can only be accessed with consent and may be used as evidence in legal proceedings if they meet specific criteria. Furthermore, the bill includes provisions to protect residents from discrimination based on their decisions regarding electronic monitoring and mandates annual reporting to the department on the number of consent forms received. The Department of Inspections, Appeals, and Licensing is tasked with creating the notification and consent form and making it available online.