The bill amends Title 23 of the General Laws by adding a new chapter that allows for electronic monitoring in nursing and assisted living facilities. It defines key terms and establishes that residents or their representatives can use electronic monitoring devices in their rooms or private living units with proper consent. The process for obtaining consent involves a written form prescribed by the department, and if a resident shares a room, consent from the roommate is also required. The facility must attempt to accommodate residents who wish to use electronic monitoring, but they are not obligated to provide a private room if the resident cannot pay for it. The bill also details the notification and consent process, including the requirement for facilities to update the resident's file with new forms if there are changes in roommate status or consent.
The bill outlines the conditions for the use of electronic monitoring devices, including the resident's responsibility for costs and installation, and the requirement for devices to have certain features like timestamping. Facilities must post notices about electronic monitoring, and tampering with devices is prohibited. Recordings are considered the personal property of the resident and can be used in legal proceedings. The bill protects residents from retaliation for using monitoring devices and sets penalties for facilities that fail to comply, including fines and potential imprisonment. The department is tasked with adopting rules to administer and enforce the chapter, which is set to take effect on January 30, 2025.