This bill amends the Public Health Code to establish comprehensive regulations regarding electronic monitoring in nursing homes. It introduces definitions for key terms such as "electronic monitoring" and "electronic monitoring device," and outlines the rights of residents to request such monitoring in their rooms, contingent upon obtaining consent from all involved parties, including roommates. The bill mandates that nursing homes must not deny admission or retaliate against residents who request electronic monitoring. It also requires clear signage about the possibility of monitoring and stipulates that recordings from these devices are admissible in legal proceedings, with ownership granted to the resident and nursing homes not held liable for unauthorized disclosures.

Additionally, the bill allows the long-term care ombudsman program to loan electronic monitoring devices to eligible residents for a period of 30 days, with provisions for extending the loan. It mandates that if a recording is requested by a nursing home or the ombudsman program, the individual in possession must provide a copy, with the nursing home covering reasonable costs. The bill also outlines the responsibilities of the department in creating rules for the electronic monitoring process, including consent procedures and installation guidelines, while emphasizing the need for reasonable accommodations by nursing homes. Overall, the legislation aims to enhance the rights and safety of nursing home residents through regulated electronic monitoring practices.

Statutes affected:
Senate Introduced Bill: 333.21702, 333.21703