OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 465 Bill Analysis
135th General Assembly
Click here for H.B. 465’s Fiscal Note
Version: As Reported by House Families and Aging
Primary Sponsor: Rep. Carruthers
Effective date:
Jason Hoskins, Attorney
SUMMARY
Electronic monitoring in licensed residential facilities
Permits a licensed residential facility to allow residents to install and use electronic
monitoring devices in the resident’s room in the facility.
If a licensed residential facility allows electronic monitoring at the facility, permits a
facility resident or the resident’s guardian or attorney in fact to authorize the
installation and use of an electronic monitoring device in the resident’s room, under
certain conditions.
Requires a resident’s roommate or other residents in a shared unit of a licensed
residential facility to fully or conditionally consent to electronic monitoring.
Requires a licensed residential facility to make a reasonable attempt to accommodate a
resident wishing to use electronic monitoring when the resident’s roommate refuses
consent by using person-centered planning to offer options for both residents.
Specifies that a licensed residential facility is not liable in any civil or criminal action or
administrative proceeding for a violation of a resident’s right to privacy in connection
with the installation and use of an electronic monitoring device at the facility.
Permits a licensed residential facility to post a notice stating that an electronic
monitoring device is in use in a particular room.
Generally prohibits discrimination or retaliation against a resident who authorizes
electronic monitoring.
Act designation
Designates the act as “Lauren’s Law.”
June 26, 2024
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Electronic monitoring in licensed residential facilities
The bill authorizes a residential facility licensed by the Department of Developmental
Disabilities (“licensed residential facility”)1 to elect to permit residents of the facility to install
and use an electronic monitoring device in the resident’s room at the facility.2 The bill maintains
the existing law definition of an “electronic monitoring device” that applies to electronic
monitoring in nursing homes. It is defined as “a surveillance instrument with a fixed position
video camera or an audio recording device, or a combination thereof, that is installed in a
resident’s room and broadcasts or records activities or sounds occurring in the room.”3
The bill prohibits a resident of a licensed residential facility or a resident’s guardian or
attorney in fact from installing or using an electronic monitoring device in the resident’s room
unless the facility has authorized its residents to conduct electronic monitoring. If a licensed
residential facility does authorize residents to conduct electronic monitoring, the installation
and use of a device is subject to the bill’s requirements.4
Conditions
For installation and use of an electronic monitoring device to be authorized, all of the
following conditions must be met:5
The resident or the resident’s guardian or attorney in fact must complete a form (see
“Form,” below) and submit it to the licensed residential facility, if the facility has
established and requires such a form to be used;
The cost of the device and of installing, maintaining, and removing the device (other
than the cost of electricity for the device) must be paid by the resident or the resident’s
guardian or attorney in fact; and
If the resident lives with another a resident in a licensed residential facility not divided
into units, or lives with other residents in a unit of a facility that is divided into units (i.e.,
has a roommate or roommates), the roommate or roommate’s guardian or attorney in
fact must consent to the use of the electronic monitoring device in the room by
completing the specified portion of a form, if such a form is required by the facility.
A resident or resident’s guardian or attorney in fact who has authorized the installation
and use of an electronic monitoring device may withdraw that authorization at any time. 6
1 R.C. 5123.1910; R.C. 5123.19(A)(5), not in the bill.
2 R.C. 5123.1911(A).
3 R.C. 3721.60, not in the bill.
4 R.C. 5123.1911(A).
5 R.C. 5123.1911(B) and (C) and 5123.1912(A).
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A roommate or roommate’s guardian or attorney in fact also may withdraw consent to the
monitoring at any time.7
Roommate situations
If a resident wishes to use an electronic monitoring device authorized by the bill, but
another resident or resident’s guardian or attorney in fact whose consent is required refuses to
consent, the licensed residential facility must make a reasonable attempt to accommodate the
resident by utilizing person-centered planning to offer options for both the resident who wishes
to conduct electronic monitoring and any other resident or resident’s guardian or attorney in
fact who does not consent to electronic monitoring. The bill also authorizes a roommate or his
or her guardian or attorney in fact to place conditions on consent to the installation and use of
electronic monitoring, including pointing the device away from the roommate or limiting or
prohibiting the use of certain devices. If conditions are placed on consent, the device must be
installed and used according to those conditions.8
Form
Under the bill, a licensed residential facility may prescribe a form for use by a resident
or a resident’s guardian or attorney in fact seeking to authorize the installation and use of an
electronic monitoring device in the resident’s room. If the facility prescribes such a form, it
must, at a minimum, include all of the following:9
An explanation of the electronic monitoring provisions enacted by the bill;
An acknowledgement that the resident or the resident’s guardian or attorney in fact has
consented to the installation and use of the device in the resident’s room;
In the case of a resident with a roommate, an acknowledgment that the roommate or
roommate’s guardian or attorney in fact has consented to the installation and use of the
device and a description of any conditions placed on that consent;
A section for providing the facility with information regarding the type, function, and
use of the device to be installed and used; and
A section stating that the facility is released from liability in any civil or criminal action or
administrative proceeding for a violation of the resident’s right to privacy in connection
with using the device, in accordance with the bill’s provisions (see “Liability,” below).
6 R.C. 5123.1911(D).
7 R.C. 5123.1912(C).
8 R.C. 5123.1912(B).
9 R.C. 5123.1913.
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Liability
The bill specifies that a licensed residential facility is released from liability in any civil or
criminal action or administrative proceeding for a violation of the resident’s right to privacy in
connection with the installation and use of an electronic monitoring device at the facility. 10 This
release from liability applies regardless of whether the facility has prescribed a form as
described above.
Notice
The bill permits a licensed residential facility to post a notice in a conspicuous place at
the entrance to a resident’s room that contains an electronic device stating that an electronic
monitoring device is in use in that room.11
Prohibitions
The bill generally prohibits a person or resident from being denied admission to, or
being discharged from, a licensed residential facility or otherwise being discriminated or
retaliated against because of the decision to authorize the installation and use of an electronic
monitoring device in a resident’s room in the facility.12
Further, the bill prohibits any person other than the resident, the resident’s guardian or
attorney in fact, law enforcement personnel, the licensed residential facility, or a government
entity authorized to investigate allegations of abuse, neglect, or other major unusual incidents
that occur at a facility from intentionally viewing or listening to the images displayed or sounds
recorded by an electronic monitoring device, unless the person has been authorized to do so by
the resident or the resident’s guardian or attorney in fact.13
The bill prohibits a resident or resident’s guardian or attorney in fact from authorizing
another person to view or listen to the images displayed or sounds recorded by an electronic
monitoring device if the images or sounds are of another resident of the facility, unless the
authorization is requested from or shared with a governmental entity that is authorized to
investigate allegations of abuse, neglect, or other major unusual incidents. If a resident or
resident’s guardian or attorney in fact violates this prohibition, a licensed residential facility
may take necessary steps to prevent further viewing or listening to the images displayed or
sounds recorded by an electronic monitoring device, including by terminating the services
provided to the resident.14
10 R.C. 5123.1914.
11 R.C. 5123.1915.
12 R.C. 5123.1916.
13 R.C. 5123.1917(A) and (B).
14 R.C. 5123.1917(C)(1) and (2).
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Rules
The bill permits the Director of Developmental Disabilities to adopt rules as necessary to
implement the bill’s provisions. The rules must be adopted in accordance with the
Administrative Procedure Act (R.C. Chapter 119).15
Act designation
The bill is designated as “Lauren’s Law.”16
HISTORY
Action Date
Introduced 03-27-24
Reported, H. Families and Aging 06-25-24
ANHB0465RH-135
15 R.C. 5123.1918.
16 Section 3.
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As Reported by House Families and Aging
Statutes affected: As Reported By House Committee: 5123.01