SB 378

Bill Subjects

Civil Actions, Immunity And Exemption From Liability Crimes And Offenses Generally Hospitals And Medical Facilities Nursing Homes Technology

Abstract

Allows the residents of: (1) health facilities; and (2) residential care facilities; to consent to the authorized electronic monitoring (monitoring) of their rooms. Allows specified individuals to consent to monitoring on behalf of health facility and residential care facility residents. Allows certain individuals to request conditions and restrictions when consenting to monitoring. Requires conditions and restrictions concerning monitoring to be memorialized in writing. Requires certain forms to be created and signed by specified parties when commencing or modifying monitoring. Allows certain individuals to refuse monitoring by withdrawing or withholding consent. Requires the withdrawal or withholding of consent to be memorialized in writing. Prohibits monitoring when certain parties refuse or decline consent. Requires a facility to make a reasonable effort to cohort residents in a manner that makes monitoring feasible. Specifies that a resident who occupies a private room for the purpose of making monitoring feasible must pay a private room rate. Requires a: (1) health facility; or (2) residential care facility; to provide specified individuals with complete copies of specified paperwork concerning monitoring upon request. Requires certain paperwork concerning monitoring to be made a permanent part of a resident's clinical report. Provides: (1) health facilities; and (2) residential care facilities; with immunity from civil liability when making a good faith effort to comply with laws, conditions, and restrictions pertaining to monitoring. Specifies that no other person or entity may be held liable for certain damages by reason of an agency relationship with a: (1) health facility; or (2) residential care facility; when the health facility or residential care facility is not liable for certain damages. Specifies an exception. Specifies permitted purposes for recordings created by an electronic monitoring device (device). Provides that a person who knowingly or intentionally hampers, obstructs, tampers with, or destroys: (1) a device; or (2) a recording created by a device; commits a Class A misdemeanor. Specifies that the offense is a Level 6 felony if the person knowingly or intentionally conceals or attempts to conceal any hampering, obstruction, tampering with, or destruction of a device or recording. Specifies an exception. Requires the state department of health to create certain forms for the purpose of memorializing specified requirements concerning monitoring. Defines certain terms.