Existing law authorizes a patient in a facility for skilled nursing or the representative of the patient to request the installation and use of an electronic communication device in the living quarters of the patient. Existing law requires any roommate of the patient to consent before such a device may be installed. However, if the roommate of a patient refuses to consent, existing law requires the facility for skilled nursing to make reasonable attempts to accommodate the patient, including by moving either the patient or the roommate with the consent of the person being moved. (NRS 449A.182) If a facility for skilled nursing approves a request to install an electronic communication device, existing law provides that the patient or the representative of the patient who submitted the request is responsible for choosing the device and paying certain costs associated with the device. (NRS 449A.184) Existing law limits the persons who are authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by an electronic communication device or temporarily disable or turn off an electronic communication device. Existing law also prohibits a facility for skilled nursing from discriminating or retaliating against a patient because of a decision to request the installation and use of an electronic communication device. (NRS 449A.186) Existing law establishes civil and criminal penalties that may be imposed against: (1) a facility for skilled nursing which violates that prohibition; (2) a person, other than the patient or the representative of the patient, who obstructs, tampers with or destroys an electronic communication device or any recording made by an electronic communication device; or (3) a person who views or listens to images or sounds which are displayed, broadcast or recorded by an electronic communication device without authorization. (NRS 449A.189, 449A.188) Existing law requires a facility for skilled nursing to post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in that living quarters. Existing law prohibits an employee of a facility for skilled nursing from refusing to enter into the living quarters of a patient which contains an electronic communication device or failing to perform his or her duties because such a device is in use. (NRS 449A.190) Existing law: (1) authorizes the State Board of Health to adopt regulations governing electronic communication devices in facilities for skilled nursing; and (2) provides that the provisions governing such electronic communication devices do not apply to certain devices installed by a law enforcement agency. (NRS 449A.192) Sections 8-14 of this bill broaden the applicability of those provisions to authorize a patient in certain facilities, referred to as covered facilities, to install an electronic communication device under the same conditions as existing law establishes for a patient in a facility for skilled nursing. Section 3 of this bill defines the term “covered facility” to mean: (1) a facility for intermediate care; (2) a facility for skilled nursing; (3) a home for individual residential care; (4) a unit for the provision of long-term care in a hospital; (5) a residential facility for groups; or (6) assisted living services provided in a senior living community. Sections 4-6 of this bill define the terms “facility for intermediate care,” “home for individual residential care” and “senior living community,” respectively, to have the meanings ascribed to them in existing law. Section 7 of this bill establishes the applicability of those definitions. Section 1.5 of this bill authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to deny an application for a license for or suspend or revoke the license of a covered facility that fails to comply with provisions governing the installation and use of electronic communication devices. Sections 24-31 of this bill enact provisions governing the installation of electronic communication devices by residents of living communities for persons with disabilities. Sections 24-30 authorize a resident of such a living community or the representative of the resident to request the installation and use of an electronic communication device in the bedroom of the resident under similar conditions to those that currently apply to a patient in a facility for skilled nursing. Section 24 of this bill prescribes the requirements for a person to serve as the representative of a resident. Section 28 establishes civil and criminal penalties that may be imposed against a living community or person who engages in certain prohibited conduct relating to electronic communication devices in living communities. Section 31 prohibits a person from posting or otherwise uploading onto an Internet website an image or a sound of an employee or independent contractor of a living community displayed, broadcasted or recorded on an electronic commination device. Section 32 of this bill prohibits a provider of supported living arrangement services in the home of a recipient of such services from: (1) entering into a contract that prohibits the recipient from installing and using an electronic communication device in his or her home; or (2) taking certain actions against a recipient because the recipient has installed or used an electronic communication device in his or her home. Sections 20-23 of this bill define certain terms, and section 18 of this bill establishes the applicability of those definitions. Section 30 authorizes the Administrator of the Aging and Disability Services Division of the Department to adopt regulations as necessary to carry out sections 18-32. Section 33 of this bill makes the definition of “supported living arrangement services” applicable to sections 18-32. Sections 1, 15, 16 and 34-36 of this bill update references to that definition and make other technical updates related to the change made in section 33.

Statutes affected:
As Introduced: 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192
Reprint 1: 449.0185, 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192, 159.081, 427A.0292, 435.007, 435.3305, 632.316
Reprint 2: 449.0185, 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192, 159.081, 427A.0292, 435.007, 435.3305, 632.316
As Enrolled: 449.0185, 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192, 159.081, 427A.0292, 435.007, 435.3305, 632.316
BDR: 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192