HB 2462

Abstract

Creates the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Provides that, subject to certain conditions, a resident of a facility licensed under the ID/DD Community Care Act or the Nursing Home Care Act shall be permitted to use an audio or video surveillance system in his or her room at his or her expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Public Health to establish a program to distribute up to $50,000 in funds, disbursed by lottery, each year to certain residents for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Provides that it is a business offense for a facility to discriminate or retaliate against a resident or prospective resident for consenting to the electronic monitoring. Provides that it is a petty offense for a facility to prevent the installation of an electronic monitoring device by a resident who has provided the facility with the consent required by certain provisions of the Act. Contains provisions concerning: resident consent to monitoring; facility accommodation of electronic monitoring; notice of electronic monitoring to visitors; limitations on facility access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; facility reporting; and rulemaking.