Relates to the use of electronic monitoring devices to monitor residents in assisted living residences and patients in nursing homes; requires consent from roommates to such electronic monitoring.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1967B
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to the use of elec-
tronic monitoring devices in the rooms of residents in assisted living
residences and patients in nursing homes
PURPOSE OR GENERAL IDEA OF BILL:
This bill adds the right to install, operate and maintain an electronic
monitoring device in their room to the list of residence rights in the
public health law.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraphs (0) and (p) of subdivision 3 of section
4660 of the public health law, as added by chapter 2 of the laws of
2004, to add a new paragraph (q) to add a new resident right.
Section two adds a new paragraph (s) to subdivision 3 of section 2803-c
To add a new skilled nursing facility patient right.
Section three contains an immediate effective date.
JUSTIFICATION:
When a resident of an assisted living residence or skilled nursing
facility becomes frailer and in need of more support, it is often diffi-
cult for their family members.
Families want their loved ones to be given the best care possible and it
is often difficult to monitor that care if they live far away or cannot
visit the resident on a consistent basis. One of the tools that can be
used to help family members check in on their resident is an electronic
monitoring devices. These devices capture pictures, video and audio of
the residents' personal space. Many of these residents are physically
vulnerable and may have memory issues. This mean that they can not accu-
rately tell their family members what is happening to them in their
room. These devices allow families to know exactly what is happening in
their loved one' s room and report any issues or abuse that they come
across.
It is reported that Assisted Living Facilities and skilled nursing
facilities each make their own rules for allowing cameras. This means
that families with residents in some facilities don't have the same
right to see what is happening to their loved one. With the passage of
this legislation, every family could choose an electronic monitoring
device if they feel like it is the right thing for the resident. If the
resident has a room- mate, that roommate will be able to give written
consent to say that they agree to the installation of the device. And if
the device captures audio, written consent to they agree to have their
audio captured. Every skilled nursing facility and assisted living
facility resident deserves to feel safe, and cameras can give back that
feeling of safety to residents and their families.
PRIOR LEGISLATIVE HISTORY:
A.10151a of 2024, amended and recommitted to health.
FISCAL IMPLICATIONS:
None
