House File 537 - Introduced
HOUSE FILE 537
BY FRY, A. MEYER, and BODEN
A BILL FOR
1 An Act relating to the requirements for authorized electronic
2 monitoring in nursing facilities, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 135C.49 Definitions.
2 As used in this subchapter, unless the context otherwise
3 requires:
4 1. “Electronic monitoring” means the placement and use of an
5 electronic monitoring device by a resident in the resident’s
6 room in accordance with this subchapter.
7 2. “Electronic monitoring device” means a video camera that
8 livestream broadcasts video only that is placed in a resident’s
9 room and is used to monitor the resident or activities in the
10 room. “Electronic monitoring device” does not include video
11 phone calls or video conferencing where a resident either
12 initiates or joins a call or conference.
13 3. “Resident” means an individual admitted to a nursing
14 facility in a manner prescribed in section 135C.23.
15 4. “Resident representative” means one of the following in
16 the order of priority listed, to the extent the person may
17 reasonably be identified and located:
18 a. The attorney in fact designated to make treatment
19 decisions for the resident in accordance with chapter 144B.
20 b. The guardian of the resident if one has been appointed
21 pursuant to chapter 633.
22 Sec. 2. NEW SECTION. 135C.50 Electronic monitoring.
23 1. A resident, or a resident representative when acting
24 on behalf of a resident, may conduct electronic monitoring
25 of the resident’s room through the use of an electronic
26 monitoring device placed in the resident’s room pursuant to
27 this subchapter.
28 2. A nursing facility or resident of the nursing facility
29 shall not engage in electronic monitoring or the use of
30 electronic monitoring devices in a resident’s room without the
31 written permission of the nursing facility and the consent of
32 the resident or resident representative when consenting on
33 behalf of a resident.
34 3. Nothing in this section precludes the use of electronic
35 monitoring otherwise allowed by law.
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1 Sec. 3. NEW SECTION. 135C.51 Consent to electronic
2 monitoring.
3 1. Except as otherwise provided in this subchapter,
4 a resident must consent to electronic monitoring in the
5 resident’s room in writing on a notification and consent
6 form prescribed by the department. If the resident has
7 not affirmatively objected to electronic monitoring and
8 the resident’s health care professional determines that the
9 resident lacks the ability to understand and appreciate the
10 nature and consequences of electronic monitoring, the resident
11 representative may consent on behalf of the resident. For
12 purposes of this subsection, a resident affirmatively objects
13 when the resident orally, visually, or through the use of
14 auxiliary aids or services declines electronic monitoring. The
15 resident’s response shall be documented on the notification and
16 consent form.
17 2. Prior to a resident representative consenting on behalf
18 of a resident, the resident shall be asked if the resident
19 wants electronic monitoring to be conducted. The resident
20 representative shall explain all of the following to the
21 resident:
22 a. The type of electronic monitoring device to be used.
23 b. The standard conditions or restrictions that may be
24 placed on the electronic monitoring device’s use including as
25 specified in the list of standard conditions or restrictions
26 contained in the notification and consent form completed by the
27 resident as provided in section 135C.54.
28 c. The resident’s ability to decline all electronic
29 monitoring.
30 3. A resident, or resident representative when consenting
31 on behalf of the resident, shall consent to electronic
32 monitoring with the standard conditions or restrictions
33 contained in the notification and consent form completed by the
34 resident as provided in section 135C.54.
35 4. Prior to implementing electronic monitoring, a resident,
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1 or resident representative when acting on behalf of the
2 resident, shall obtain the written consent on the notification
3 and consent form of any other resident who is a roommate
4 residing in the shared room. A roommate’s or roommate’s
5 resident representative’s written consent shall comply with the
6 requirements of this section.
7 5. Any resident, or resident representative when acting on
8 behalf of the resident, conducting electronic monitoring shall
9 immediately remove or disable an electronic monitoring device
10 prior to a new resident who will be a roommate moving into a
11 shared room, unless the resident or resident representative
12 conducting electronic monitoring obtains the new roommate’s or
13 new roommate’s resident representative’s written consent as
14 provided under this section prior to the new roommate moving
15 into the shared room. Upon obtaining the new roommate’s or new
16 roommate’s resident representative’s signed notification and
17 consent form and submitting the form to the nursing facility
18 as required under section 135C.53, the resident or resident
19 representative may resume electronic monitoring.
20 6. The resident or roommate, or the resident representative
21 or roommate’s resident representative if the representative is
22 consenting on behalf of the resident or roommate, may withdraw
23 consent at any time and the withdrawal of consent shall be
24 documented on the original consent form as provided under
25 section 135C.53.
26 Sec. 4. NEW SECTION. 135C.52 Refusal of roommate to
27 consent.
28 If a resident of a nursing facility who is residing in a
29 shared room, or the resident representative of such a resident
30 when acting on behalf of the resident, wants to conduct
31 electronic monitoring and another resident living in or moving
32 into the same shared room refuses to consent to the use of an
33 electronic monitoring device, the nursing facility shall make
34 a reasonable attempt to accommodate the resident who wants to
35 conduct electronic monitoring. A nursing facility has met
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1 the requirement to make a reasonable attempt to accommodate
2 a resident or resident representative who wants to conduct
3 electronic monitoring when, upon notification that a roommate
4 has not consented to the use of an electronic monitoring device
5 in the resident’s room, the nursing facility offers to move one
6 of the residents to another shared room that is available at
7 the time of the request that accommodates the resident. If
8 a resident chooses to reside in a private room in order to
9 accommodate the use of an electronic monitoring device, the
10 resident shall be subject to a private room rate. If a nursing
11 facility is unable to accommodate a resident, the nursing
12 facility shall reevaluate the request periodically until the
13 request is fulfilled.
14 Sec. 5. NEW SECTION. 135C.53 Notice and consent form
15 submitted to nursing facility.
16 1. Electronic monitoring may begin only after the resident
17 or resident representative who intends to place an electronic
18 monitoring device in the resident’s room and any roommate, or
19 roommate’s resident representative, completes a notification
20 and consent form and submits the form to the nursing facility.
21 2. Upon receipt of the required, completed notification and
22 consent form, the nursing facility shall place the original
23 form in the resident’s file and a copy of the form in any
24 roommate’s file. The nursing facility shall provide a copy
25 to the resident and the resident’s roommate or the resident
26 representative or roommate’s resident representative, as
27 applicable.
28 3. If a resident or roommate, or the resident representative
29 or roommate’s resident representative if the representative
30 is consenting on behalf of the resident or roommate, chooses
31 to withdraw consent to electronic monitoring, the nursing
32 facility shall make available the original notification and
33 consent form so that the original form may be updated. Upon
34 receipt of the updated original form, the nursing facility
35 shall place the updated original form in the resident’s file.
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1 The nursing facility shall provide a copy of the updated form
2 to the resident and the resident’s roommate or to the resident
3 representative or roommate’s resident representative, as
4 applicable.
5 4. If a new roommate, or the new roommate’s resident
6 representative when consenting on behalf of the new roommate,
7 does not consent to electronic monitoring and submit a
8 completed notification and consent form to the nursing
9 facility, and the resident or resident representative
10 conducting the electronic monitoring does not remove or disable
11 an existing electronic monitoring device, the nursing facility
12 shall provide the resident or the resident representative, as
13 applicable, a twenty-four-hour notice to remove or disable the
14 electronic monitoring device. If the device is not removed
15 or disabled within twenty-four hours of notification to the
16 resident or resident representative, the nursing facility may
17 disable or remove the electronic monitoring device.
18 5. If a roommate, or the roommate’s resident representative
19 when withdrawing consent on behalf of the roommate, submits an
20 updated notification and consent form withdrawing consent and
21 the resident or resident representative conducting electronic
22 monitoring does not remove or disable the electronic monitoring
23 device, the nursing facility shall provide the resident or
24 resident representative a twenty-four-hour notice to remove or
25 disable the electronic monitoring device. If the device is not
26 removed or disabled within twenty-four hours of notification to
27 the resident or resident representative, the nursing facility
28 may disable or remove the electronic monitoring device.
29 Sec. 6. NEW SECTION. 135C.54 Notification and consent form
30 requirements.
31 1. The notification and consent form completed by the
32 resident shall include, at a minimum, all of the following
33 information:
34 a. The resident’s signed consent to electronic monitoring or
35 the signature of the resident representative, if applicable.
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1 If a resident representative signs the consent form, the form
2 shall document all of the following:
3 (1) The date the resident was asked if the resident wants
4 electronic monitoring to be conducted.
5 (2) Any person present when the resident was asked.
6 (3) An acknowledgment that the resident did not
7 affirmatively object.
8 (4) The source of authority allowing the resident
9 representative to sign the notification and consent form on the
10 resident’s behalf, including any court order, as applicable.
11 b. The resident’s roommate’s signed consent or the signature
12 of the roommate’s resident representative, if applicable. If a
13 roommate’s resident representative signs the consent form, the
14 form shall document all of the following:
15 (1) The date the roommate was asked if the roommate wants
16 electronic monitoring to be conducted.
17 (2) Any person present when the roommate was asked.
18 (3) An acknowledgment that the roommate did not
19 affirmatively object.
20 (4) The source of authority allowing the resident
21 representative to sign the notification and consent form on the
22 roommate’s behalf, including any court order, as applicable.
23 c. The type of electronic monitoring device to be used.
24 d. Any installation needs, such as mounting a device to a
25 wall or ceiling, and the costs associated with installation
26 and use, which are to be paid by the resident or the resident
27 representative, and the resident’s liability for potential
28 damage and repairs due to installation.
29 e. Fourteen days’ notice of the proposed date of
30 installation for scheduling purposes.
31 f. A copy of any contract for maintenance of the electronic
32 monitoring device by a commercial entity.
33 g. A list of standard conditions or restrictions for the use
34 of the electronic monitoring device including but not limited
35 to all of the following:
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1 (1) Prohibiting audio recording.
2 (2) Prohibiting video recording.
3 (3) Turning off the electronic monitoring device or
4 blocking the visual recording component of the electronic
5 monitoring device for the duration of an exam or procedure by a
6 health care professional.
7 (4) Turning off the electronic monitoring device or
8 blocking the visual recording component of the electronic
9 monitoring device while dressing or bathing is performed.
10 (5) Turning off the electronic monitoring device for
11 the duration of a visit with a spiritual adviser, ombudsman,
12 attorney, financial planner, intimate partner, or other
13 visitor.
14 (6) Prohibiting drop-in video access.
15 (7) Requiring visual verification when the electronic
16 monitoring device is in use.
17 (8) Requiring conspicuously visible placement of the
18 electronic monitoring device inside the resident’s room.
19 (9) Prohibiting that the electronic monitoring device from
20 being placed outside the resident’s living quarters.
21 h. A signature box to document if the resident or roommate
22 withdraws consent.
23 2. A nursing facility shall make the notification and
24 consent form available to the residents and inform residents of
25 the option to conduct electronic monitoring of the resident’s
26 room.
27 Sec. 7. NEW SECTION. 135C.55 Cost and installation.
28 1. A resident who chooses to conduct electronic monitoring
29 shall do so at the resident’s own expense, including payment
30 of any purchase, installation, maintenance, removal costs, and
31 costs for returning the resident’s room to preinstallation
32 condition.
33 2. If a resident chooses to place an electronic monitoring
34 device that uses internet technology for visual monitoring, the
35 resident shall be responsible for contracting with an internet
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1 service provider.
2 3. The nursing facility shall make a reasonable attempt to
3 accommodate the resident’s installation needs.
4 4. All electronic monitoring device installations and
5 supporting services shall comply with all applicable building
6 codes.
7 5. A nursing facility shall not charge a resident a fee
8 for the costs of electricity used by the electronic monitoring
9 device.
10 Sec. 8. NEW SECTION. 135C.56 Notice to visitors.
11 1. If electronic monitoring is being conducted, a nursing
12 facility shall post a sign at each nursing facility entrance
13 accessible to visitors that states “Electronic monitoring
14 devices may be present in the rooms of residents to observe
15 persons and activities”.
16 2. A nursing facility shall post a sign clearly and
17 conspicuously at the entrance to a resident’s room where
18 electronic monitoring is being conducted. The notice shall
19 state “This room is electronically monitored”.
20 3. The nursing facility is responsible for installing and
21 maintaining the signage required in this section.
22 Sec. 9. NEW SECTION. 135C.57 Obstruction of electronic
23 monitoring devices.
24 A person shall not knowingly hamper, obstruct, tamper
25 with, or destroy an electronic monitoring device placed in
26 a resident’s room without the permission of the resident or
27 resident representative, as applicable.
28 Sec. 10. NEW SECTION. 135C.58 Immunity from liability ——
29 license discipline —— inadmissability of recordings.
30 1. A nursing facility is not civilly or criminally liable
31 for the disclosure of an unlawful recording captured by an
32 electronic monitoring device.
33 2. A nursing facility is not civilly or criminally liable
34 for a violation of a resident’s right to privacy arising out
35 of any electronic monitoring conducted in accordance and in