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 any facility for assisted living 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 “facility for assisted living” 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; (6) assisted living services provided in a senior living community; or (7) a secure unit in a medical facility for the provision of care to persons with dementia. 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 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 facility for assisted living that fails to comply with provisions governing the installation and use of electronic communication devices.

Statutes affected:
As Introduced: 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192
BDR: 449.160, 449A.170, 449A.180, 449A.182, 449A.184, 449A.186, 449A.188, 449A.190, 449A.192