The proposed bill aims to amend the Code of West Virginia by introducing a new article that authorizes the installation of electronic monitoring devices in long-term care facilities, known as the Granting Relatives Access to Monitor Act (the GRAM'S Act). It defines key terms such as "electronic monitoring device," "resident," and "long-term care facility," and establishes the conditions under which these devices can be installed. Specifically, it requires consent from both the resident and any other residents sharing a room, and outlines the responsibilities of long-term care facilities in facilitating this process. The bill also mandates that facilities provide forms for consent and allows residents to withdraw their consent at any time.
Additionally, the bill grants the Department of Health the authority to create rules to enforce these provisions and establishes penalties for violations. Long-term care facilities that refuse to comply with the monitoring requirements may face license violations, while individuals tampering with the devices or retaliating against residents for their monitoring decisions could incur misdemeanor charges and fines. Overall, the legislation seeks to enhance the ability of family members to monitor their loved ones in care facilities while ensuring the privacy rights of all residents are respected.
Statutes affected: Introduced Version: 16-67-1, 16-67-2, 16-67-3, 16-67-4, 16-67-5, 16-67-6, 16-67-7, 16-67-8