Authorized Electronic Monitoring in Long-Term Care Facilities Act (HB 1916) By Jamie Bracewell

What is the meaning of this Bill? This Bill in short will allow families to video record the care their family members receive while a resident of your facility.

What is the Rationale for the Bill? Proponents say it will reduce abuse and neglect and improve staffing.

What Does It Say The Act would permit the resident, resident’s attorney-in-fact or durable power of attorney, the resident’s representative, spouse, parent, child or sibling who has written consent of all other adult children or siblings to consent to the electronic monitoring. The current text of the bill would request the resident to obtain the written consent of his/her roommate. The facility would also be required to attempt to accommodate any resident who requests electronic monitoring, but is unable to obtain the roommate’s consent.

Who Bears the Cost? The resident is responsible for the cost, which includes purchasing the equipment, installing it, and removing it. This also means a resident would be required to pay a private room rate if necessary. A facility cannot charge an increase in electricity fee. The facility would not be permitted any access to the camera or recording without written consent from the family.

Can a Family Member Hide the Camera from Staff? No. The text of the Bill requires the camera to be placed in a visible location.

Notice to Families The Bill also states the facility would be required to post a sign at the entrance notifying residents, families, and visitors that resident rooms may be electronically monitored.

Status of the Bill The Bill was introduced on January 3, 2018. The Bill was referred to the House Committee Substitute where it passed on April 10, 2018. The Bill was sent to the Rules-Legislative Oversight for further comments and revisions. The Bill may go back to the subcommittee again before it goes back to the House for a general vote.  

Issues and Questions that Arise What if you can’t find a roommate who will consent to the electronic monitoring? What if there is an issue with finding a roommate who will consent and also complying with infection control measures? Will this impact your ability to hire/retain staff who might not want to be monitored? What if the camera stops working and the facility is blamed for it?  

QUESTIONS?