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A06350 Summary:

BILL NOA06350
 
SAME ASSAME AS S00597
 
SPONSORStirpe
 
COSPNSR
 
MLTSPNSR
 
Add Art 28-F §§2900 - 2900-i, §2808-e, Pub Health L
 
Enacts the "New York state nursing home virtual visitation act".
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A06350 Actions:

BILL NOA06350
 
03/16/2021referred to health
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A06350 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6350
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the public health law, in relation to enacting the "New York state nursing home virtual visitation act"   PURPOSE: This bill establishes certain provisions to enhance the ability of nurs- ing home residents and their families to connect virtually by allowing the installation of remote monitoring and video conferencing equipment, as well as strengthening notification requirements for the state long- term care ombuds program. This virtual visitation and increased notifi- cation requirement will assist families to remain connected and informed about their loved ones.   SUMMARY OF PROVISIONS: Section 1: Sets short title. Section 2: Adds a new article 28-F section 2900 to the public health law. 2900: provides definitions, including of monitoring and video conferenc- ing devices. 2900-a: establishes right of residents of their legal representatives to install and use monitoring devices in patient rooms if certain condi- tions are met. 2900-b: sets conditions for installation of devices. 2900-c: sets standards for consent for installation of devices. 2900-d: sets standards for authorization forms, including consent from any roommates. 2900-e: sets standards for unauthorized use of monitoring devices. 2900-f: establishes prohibited acts and penalties related to denial of the right to install monitoring equipment. 2900-g: sets standards for display of signage when monitoring equipment is in use. 2900-h: sets reporting requirements. 2099-i: administrative rulemaking. Section 3: Requires nursing homes licensed by the state to provide notice to residents of their right to install monitoring equipment. Section 4: creates new notice requirements related to the state's long- term care ombuds program. Section 5: sets the effective date.   JUSTIFICATION: Nursing home and adult care facility residents often experience feelings of isolation and loneliness when they are unable to connect regularly with family or other loved ones. This is true even in the best of times, and the visitation ban during the pandemic significantly heightened the problem as residents were denied face-to-face visits with those who knew them best and cared for them most. This legislation seeks to enhance connectedness between residents and loved ones through technology-sup- ported virtual visitation. For some residents, this can mean installing a video recording device in the resident's room to allow for visual check-in and monitoring by loved ones. For others, it can mean providing access to video conferencing platforms to allow for interactive visits with loved ones. Expanding virtual monitoring and visitation capabili- ties represents a critical step toward minimizing isolation while enhancing social connectedness and peace of mind for residents and their loved ones.   FISCAL IMPACT: Minimal.   LEGISLATIVE HISTORY: 2019-2020: A11085 referred to Health/Senate Rules   EFFECTIVE DATE: Immediately.
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A06350 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6350
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2021
                                       ___________
 
        Introduced by M. of A. STIRPE -- read once and referred to the Committee
          on Health
 
        AN  ACT to amend the public health law, in relation to enacting the "New
          York state nursing home virtual visitation act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York state nursing home virtual visitation act".
     3    § 2. The public health law is amended by adding a new article 28-F  to
     4  read as follows:
     5                                ARTICLE 28-F
     6           VIRTUAL VISITATION AND MONITORING OF NURSING HOME CARE
     7  Section 2900. Definitions.
     8          2900-a. Monitoring device; authorization and use.
     9          2900-b. Monitoring device option; installation; consent of resi-
    10                    dents in shared rooms; accommodation by nursing home.
    11          2900-c. Consent; waiver.
    12          2900-d. Authorization form; content.
    13          2900-e. Immunity; unauthorized use.
    14          2900-f. Prohibited acts; civil and criminal penalties.
    15          2900-g. Public notice; signage of electronic monitoring device.
    16          2900-h. Reporting abuse and neglect.
    17          2900-i. Administrative rulemaking.
    18    § 2900. Definitions. As used in this article, the term:
    19    1. (a) "Monitoring device" means:
    20    (i)  a surveillance instrument that transmits and records activity and
    21  is not connected to the nursing home's computer network; and
    22    (ii) a computer, tablet, phone, smart display or any other  electronic
    23  device that can be used for video conferencing.
    24    (b)  The  term  "monitoring  device"  shall  not include a camera that
    25  records still images exclusively.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04792-01-1

        A. 6350                             2
 
     1    2. "Video conferencing" means the use of a computer network,  platform
     2  or  app  to provide a live, visual connection between two or more people
     3  residing in separate locations for the purpose of communication.
     4    3. "Nursing home" shall have the same meaning as set forth in subdivi-
     5  sion two of section twenty-eight hundred one of this chapter.
     6    4.  "Ombudsman"  means  the state long-term care ombudsman established
     7  within the office for the aging pursuant to subdivision two  of  section
     8  two hundred eighteen on the elder law.
     9    5. "Resident" means a person who is a resident of a nursing home.
    10    6.  "Legal  representative"  means  a  legal  guardian  or  a  legally
    11  appointed substitute decision-maker who is authorized to act  on  behalf
    12  of a nursing home resident.
    13    §  2900-a. Monitoring device; authorization and use. 1. A resident who
    14  has the capacity to consent, as determined by the department pursuant to
    15  this article, or his or  her  legal  representative  may  authorize  the
    16  installation  and use of a monitoring device in a nursing home if all of
    17  the following conditions are met:
    18    (a) The resident or his or her legal representative  gives  notice  of
    19  the installation to the nursing home.
    20    (b) If the monitoring device records activity visually, the recordings
    21  made by the device include a record of the date and time.
    22    (c)  The resident pays for the monitoring device and all installation,
    23  operation, maintenance, and removal costs associated with the device.
    24    (d) Each resident occupying the same room  who  has  the  capacity  to
    25  consent,  as  determined  by the department pursuant to this article, or
    26  that resident's legal representative,  gives  written  consent  for  the
    27  installation of the monitoring device.
    28    2. If the structure of the resident's room must be altered in order to
    29  accommodate  a monitoring device, then the renovation to the room may be
    30  done only by a licensed contractor, subject to approval by  the  nursing
    31  home.
    32    3.  Any  monitoring device installed in accordance with the provisions
    33  of this article shall be in compliance with the National Fire Protection
    34  Association Life Safety regulations.
    35    § 2900-b. Monitoring device option; installation; consent of residents
    36  in shared rooms; accommodation by nursing home. 1. (a) At the time of  a
    37  person's  admission to a nursing home, the nursing home shall notify the
    38  person of his or her right to have a monitoring device installed in  his
    39  or  her room, and shall offer the person the option to have a monitoring
    40  device. The resident or his or her roommate may exercise  the  right  to
    41  install or remove a monitoring device at any time during which he or she
    42  resides in the nursing home. The nursing home shall keep a record of the
    43  person's authorization or choice not to have a monitoring device.
    44    (b)  The  nursing home shall make the record provided for in paragraph
    45  (a) of this subdivision accessible to the ombudsman.
    46    2. (a) If a resident who is residing in a shared room wishes to have a
    47  monitoring device installed in the room and another resident  living  in
    48  or moving into the same shared room refuses to consent to the use of the
    49  monitoring device, then the nursing home shall make a reasonable attempt
    50  to  accommodate  the  resident  who wishes to have the monitoring device
    51  installed. A nursing home shall be deemed to have met this accommodation
    52  requirement when, upon notification that a roommate has not consented to
    53  the use of an electronic monitoring device in his or her room, the nurs-
    54  ing home offers to move either resident to another shared room  that  is
    55  available at the time of the request.

        A. 6350                             3
 
     1    (b)  If  a  resident  chooses  to reside in a private room in order to
     2  accommodate the use of an electronic  monitoring  device,  the  resident
     3  shall pay the private room rate. If a nursing home is unable to accommo-
     4  date  a resident due to lack of space, the nursing home shall reevaluate
     5  the  request  at  least  once  every  two  weeks  until  the  request is
     6  fulfilled.
     7    3. After authorization, consent, and notice in  accordance  with  this
     8  article,  a  resident  or  his  or her legal representative may install,
     9  operate, and maintain, at the expense  of  the  resident,  a  monitoring
    10  device in the room of the resident.
    11    4. The nursing home shall cooperate to accommodate the installation of
    12  the  monitoring  device  unless doing so would place undue burden on the
    13  nursing home.
    14    5. The monitoring device shall be in a fixed, stationary position  and
    15  shall  monitor  only  the  resident  who  consents  either personally or
    16  through his or her legal representative to be monitored.
    17    § 2900-c. Consent; waiver. 1. Consent to the authorization for instal-
    18  lation and use of a monitoring device may be given only by the  resident
    19  or his or her legal representative.
    20    2. Consent to the authorization for installation and use of a monitor-
    21  ing device shall include a release of liability for the nursing home for
    22  a violation of the resident's right to privacy insofar as the use of the
    23  monitoring device is concerned.
    24    3.  A resident or his or her legal representative may reverse a choice
    25  to have or not have a monitoring device installed and used at  any  time
    26  after  notice of such reversal has been made to the nursing home, and to
    27  the ombudsman, upon a form prescribed by the department.
    28    § 2900-d. Authorization form; content. The form for the  authorization
    29  of  installation and use of a monitoring device shall provide for all of
    30  the following:
    31    1. Consent of the resident or his or her legal representative  author-
    32  izing the installation and use of the monitoring device.
    33    2.  Notice  to  the  nursing  home of the resident's installation of a
    34  monitoring device and specifics as to the type, function, and use of the
    35  device.
    36    3. Consent of any other resident sharing the same room, or that  resi-
    37  dent's legal representative, to the installation and use of a monitoring
    38  device.
    39    4.  Notice  of release from liability for violation of privacy through
    40  the use of the monitoring device.
    41    5. Waiver of the resident's right to privacy in  connection  with  the
    42  use of the monitoring device.
    43    § 2900-e. Immunity; unauthorized use. 1. In any civil action against a
    44  nursing  home,  material obtained through the use of a monitoring device
    45  shall not be used if the device was installed or used without the  know-
    46  ledge  of  the nursing home, or installed or used without the prescribed
    47  form.
    48    2. Compliance with the provisions of this article shall be a  complete
    49  defense  to  any  civil or criminal action brought against the resident,
    50  legal representative, or nursing home for the use or presence of a moni-
    51  toring device.
    52    § 2900-f. Prohibited acts; civil and criminal  penalties.  1.  (a)  No
    53  nursing  home  shall deny a person or resident admission to or discharge
    54  from a nursing home, or otherwise discriminate or  retaliate  against  a
    55  person  or resident, because the person or resident chooses to authorize
    56  installation and use of a monitoring device.

        A. 6350                             4
 
     1    (b) Any person who knowingly or willfully violates the  provisions  of
     2  paragraph (a) of this subdivision shall be subject to appropriate action
     3  by  the  department  as  set  forth in rules and regulations promulgated
     4  pursuant to this article.
     5    2.  (a)  Except  as  provided in paragraph (b) of this subdivision, no
     6  person shall intentionally hamper, obstruct, tamper with, or  destroy  a
     7  monitoring  device  or a recording made by a monitoring device installed
     8  in a nursing home pursuant to this article.
     9    (b) The prohibition and penalties provided in this  subdivision  shall
    10  not  apply  to the resident who owns the monitoring device or recording,
    11  or to his or her legal representative.
    12    § 2900-g. Public notice; signage of electronic monitoring  device.  1.
    13  If  a  resident of a nursing home conducts electronic monitoring, a sign
    14  shall be clearly and conspicuously posted at the main  entrance  of  the
    15  nursing  home  building to alert and inform visitors.  The sign shall be
    16  in a large, clearly legible type and font and bear the words "Electronic
    17  Monitoring" and shall further state in equally  legible  type  and  font
    18  "The  rooms of some residents may be equipped with electronic monitoring
    19  devices installed by or on behalf of the resident."
    20    2. A sign shall be clearly and conspicuously posted at the entrance of
    21  a resident's  room  where  authorized  electronic  monitoring  is  being
    22  conducted. The sign shall be in large, clearly legible type and font and
    23  bear the words "This room is electronically monitored."
    24    3.  The  nursing  home  shall  be  responsible for reasonable costs of
    25  installation and maintenance of the sign required by subdivision one  of
    26  this  section.  The resident or his or her legal representative shall be
    27  responsible for installing and maintaining the sign required pursuant to
    28  subdivision two of this section, which shall also be in accordance  with
    29  the written policy of the nursing home.
    30    §  2900-h.  Reporting abuse and neglect. Any person who views an inci-
    31  dent which a reasonable person would consider  abuse  or  neglect  after
    32  viewing  a recording made in a nursing home shall report the incident to
    33  the nursing home as soon as is practicable after the viewing. The  nurs-
    34  ing  home  shall  be  provided with a copy of the recording in which the
    35  suspected incident of abuse or neglect occurred. If the  recording  must
    36  be transferred to a different format to be viewed, the transfer shall be
    37  done  at the expense of the nursing home by a qualified professional who
    38  can certify that the contents of the recording were not altered.
    39    § 2900-i. Administrative rulemaking. The department shall adopt  rules
    40  and  regulations  necessary  for the implementation of the provisions of
    41  this article.
    42    § 3. 1. On or before January 1, 2022, each nursing  home  licensed  by
    43  the  department  of health shall provide to each resident of the nursing
    44  home or, if applicable, the legal guardian or legally appointed  substi-
    45  tute  decision-maker authorized to act on behalf of the resident, a form
    46  prescribed by the department of  health  explaining  the  provisions  of
    47  section  two this act, and give each resident or his or her legal repre-
    48  sentative or legally appointed substitute decision-maker  authorized  to
    49  act  on  behalf  of  the  resident, a choice to have a monitoring device
    50  installed in the room of the resident.
    51    2. Each nursing home shall retain a copy of  each  form  completed  in
    52  accordance  with  this section, and shall make all such forms accessible
    53  to the administrator of the office of the state long-term care ombudsman
    54  within the office for the aging.
    55    § 4. The public health law is amended by adding a new  section  2808-e
    56  to read as follows:

        A. 6350                             5
 
     1    § 2808-e. Long-term care ombudsman program; notification to residents.
     2  Each  nursing  home  and  residential health care facility in this state
     3  shall provide notice to each resident of such nursing home  or  facility
     4  and  to  the  immediate  family  members of such resident informing such
     5  resident  and family members of the long-term care ombudsman program set
     6  forth in section two hundred eighteen of  the  elder  law.  Such  notice
     7  shall  provide  and prominently display the name of and contact informa-
     8  tion for the local ombudsman entity  designated  to  operate  the  local
     9  long-term  care  ombudsman program for such nursing home or facility. In
    10  addition, each nursing home and residential health care  facility  shall
    11  provide  such  notice  to such resident and family members: (a) at least
    12  once annually; (b) at any time that  the  contact  information  for  the
    13  local  ombudsman  entity  designated to operate the local long-term care
    14  ombudsman program for such nursing home or facility changes; and (c)  at
    15  any time that there is a change in the local ombudsman entity designated
    16  to  operate  the local long-term care ombudsman program for such nursing
    17  home or facility.
    18    § 5. This act shall take effect immediately.
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