Relating to electronic monitoring in long-term care facilities, and providing penalties

This bill relates to electronic monitoring in long-term care facilities. The bill defines “electronic monitoring”, “electronic monitoring device”, “legal representative”, and “long-term care facility”. Under the bill, a resident may conduct electronic monitoring in the resident’s room subject to the requirements of the bill. The requirements include notifying the long-term care facility (facility) prior to utilizing electronic monitoring; releasing the facility from any civil liability for a violation of a resident’s privacy rights in connection with the use of the electronic monitoring device (device); choosing whether the camera of the device will always be unobstructed or will be obstructed in specified circumstances to protect the dignity of a resident; obtaining consent of any roommate; reasonable physical accommodations by the facility for electronic monitoring and accommodations for residents and roommates of a multiresident room; providing for withdrawal of consent to electronic monitoring at any time; responsibility for payment of all costs associated with installing and maintaining the device; signage; and consent and other forms to be completed by a resident, roommate, or legal representative. The bill prohibits a court or state agency from admitting into evidence or considering during any proceeding any tape or recording created using a device in a resident’s room, whether or not authorized under the bill, or from taking or authorizing any action based on such tape or recording, unless the tape or recording shows the time and date when the events shown on the tape or recording occurred, and the contents of the tape or recording have not been edited or artificially enhanced. The bill prohibits a person from knowingly hindering, obstructing, tampering with, or destroying, without the consent of the resident or the resident’s legal representative, a device installed and maintained in a resident’s room or a video or audio recording obtained in accordance with the bill. The bill prohibits a facility from refusing to admit a prospective resident, discharging a resident, or otherwise retaliating against a resident based on the prospective resident or resident consenting to or conducting electronic monitoring. The bill authorizes the department of inspections, appeals, and licensing to adopt administrative rules to administer the bill.