Arkansas 2025 Regular Session

Arkansas Senate Bill SB616 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 616 3
6	6	4
7	7	By: Senator C. Penzo 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE ARKANSAS LONG -TERM CARE FACILITY 9
12	12	RESIDENT MONITORING AND COMMUNICATIONS ACT; TO 10
13	13	ESTABLISH RESIDENT RIGHTS FOR ELECTRONIC MONITORING 11
14	14	AND COMMUNICATION IN LONG -TERM CARE FACILITIES; TO 12
15	15	DIRECT THE DEPARTMENT OF HUMAN SERVICES TO DEVELOP A 13
16	16	COMPREHENSIVE FRAMEWORK FOR RESIDENT MONITORING 14
17	17	SYSTEMS; AND FOR OTHER PURPOSES. 15
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19	19	17
20	20	Subtitle 18
21	21	TO CREATE THE ARKANSAS LONG -TERM CARE 19
22	22	FACILITY RESIDENT MONITORING AND 20
23	23	COMMUNICATIONS ACT; AND TO ESTABLISH 21
24	24	RESIDENT RIGHTS FOR ELECTRONIC 22
25	25	MONITORING AND COMMUNICATION IN LONG -23
26	26	TERM CARE FACILITIES. 24
27	27	25
28	28	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
29	29	27
30	30	SECTION 1. Arkansas Code Title 20, Chapter 10, is amended to add an 28
31	31	additional subchapter to read as follows: 29
32	32	Subchapter 26 — Arkansas Long-Term Care Facility Resident Monitoring and 30
33	33	Communications Act 31
34	34	32
35	35	20-10-2601. Title. 33
36	36	This subchapter shall be known and may be cited as the "Arkansas Long -34
37	37	Term Care Facility Resident Monitoring and Communications Act". 35
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41	41	20-10-2602. Legislative findings. 1
42	42	The General Assembly finds that: 2
43	43	(1) The safety and welfare of long-term care facility residents 3
44	44	need to be protected; 4
45	45	(2) Communication with loved ones is beneficial to a long -term 5
46	46	care facility resident’s safety, welfare, and overall quality of life; 6
47	47	(3) Electronic monitoring and communication of long -term care 7
48	48	facility residents is not prohibited by state law; 8
49	49	(4) State law currently provides no guidance to long -term care 9
50	50	facilities or the Department of Human Services regarding electronic 10
51	51	monitoring and communication of long -term care facility residents; 11
52	52	(5) The privacy of long -term care facility residents, including 12
53	53	any roommates and others who may enter their residence, is of the highest 13
54	54	priority; 14
55	55	(6) Residents and their families or legal representatives should 15
56	56	be allowed to use both video and audio monitoring systems, and other emerging 16
57	57	technologies, to facilitate safe and ethical observation of residents within 17
58	58	long-term care settings; and 18
59	59	(7) A comprehensive legislative and regulatory framework is 19
60	60	necessary to ensure that the rights of residents are respected while 20
61	61	balancing provider responsibilities and privacy considerations. 21
62	62	22
63	63	20-10-2603. Definitions. 23
64	64	As used in this subchapter: 24
65	65	(1) "Authorized electronic monitoring and communication" means 25
66	66	the placement of one (1) or more electronic monitoring devices in the room of 26
67	67	a long-term care facility resident and making recordings or conducting audio 27
68	68	or video communication with such devices after notifying the long -term care 28
69	69	facility of the resident’s or the resident’s guardian's or legal 29
70	70	representative's intent to conduct electronic monitoring and communication; 30
71	71	(2) "Electronic monitoring device" means a camera, microphone, 31
72	72	or other instrument used to broadcast, record, or communicate audio or visual 32
73	73	activity occurring in a room, including video cameras, audio devices, or any 33
74	74	emerging technology designed to enable communication or monitoring, but not 34
75	75	to intercept wire or unauthorized electronic communications; 35
76	76	(3) “Long-term care facility” means: 36 SB616
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79	79	(A) A nursing home; 1
80	80	(B) A residential care facility; 2
81	81	(C) A post-acute head injury retraining and residential 3
82	82	facility; 4
83	83	(D) An intermediate care facility for individuals with 5
84	84	developmental disabilities; 6
85	85	(E) An assisted living facility; or 7
86	86	(F) A facility that provides long-term medical or personal 8
87	87	care; 9
88	88	(4) “Resident” means a person who resides in a long -term care 10
89	89	facility; 11
90	90	(5) "Resident’s room" means a room in a long -term care facility 12
91	91	that is used as a resident’s private living quarters; and 13
92	92	(6) “Resident’s roommate” means a person who resides in the same 14
93	93	room with another resident. 15
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95	95	20-10-2604. Authorized electronic monitoring and communications. 17
96	96	(a)(1) The Department of Human Services may adopt rules concerning 18
97	97	authorized electronic monitoring and communication in a resident’s room. 19
98	98	(2) Rules promulgated under this subsection shall include 20
99	99	without limitation: 21
100	100	(A) That a resident or resident’s guardian or legal 22
101	101	representative may conduct authorized electronic monitoring and communication 23
102	102	in the resident’s room subject to this subchapter; 24
103	103	(B) That a long-term care facility shall not discharge, 25
104	104	refuse to admit, or otherwise retaliate against a resident or the resident’s 26
105	105	representative for conducting or consenting to authorized electronic 27
106	106	monitoring and communication; 28
107	107	(C) That a resident or the resident’s guardian or legal 29
108	108	representative who wishes to conduct authorized monitoring shall notify the 30
109	109	long-term care facility using a form prescribed by the department; 31
110	110	(D) That if a resident resides in a shared room, 32
111	111	monitoring may not be permitted without the written consent of the resident's 33
112	112	roommate or the resident's roommate’s legal guardian or representative; 34
113	113	(E) How consent may be given, withheld, or withdrawn; 35
114	114	(F) Procedures for when a resident lacks capacity to 36 SB616
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117	117	consent; 1
118	118	(G) That a resident or the resident's legal guardian or 2
119	119	representative may be required to release the long -term care facility from 3
120	120	civil liability related to authorized monitoring and communication, subject 4
121	121	to applicable laws; and 5
122	122	(H) That long-term care facilities may require electronic 6
123	123	monitoring devices to be placed in plain view. 7
124	124	(b) All monitoring devices shall comply with the National Fire 8
125	125	Protection Association 101 Life Safety Code or standards determined by the 9
126	126	department to be substantially equivalent. 10
127	127	(c) Unless otherwise required by state or federal law, a court or 11
128	128	agency shall not admit or consider recordings made under this section as 12
129	129	evidence or take action based on the recordings. 13
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131	131	20-10-2605. Comprehensive framework. 15
132	132	(a) The Department of Human Services shall develop a proposed 16
133	133	comprehensive framework to ensure and expand the rights of residents and 17
134	134	families to conduct authorized electronic monitoring and communication in 18
135	135	long-term care facilities. 19
136	136	(b) The Secretary of the Department of Human Services shall delegate 20
137	137	the development of the framework to the appropriate divisions within the 21
138	138	Department of Human Services. 22
139	139	(c) In developing the framework, the Department of Human Services 23
140	140	shall: 24
141	141	(1) Collaborate with other state agencies, including the 25
142	142	Department of Health; 26
143	143	(2) Consider laws, rules, and regulations in other states that 27
144	144	protect the right to conduct authorized electronic monitoring and 28
145	145	communication and prohibit interference by long -term care facility operators; 29
146	146	(3) Ensure the framework allows for both video and audio 30
147	147	devices, as well as the incorporation of emerging technologies for safe, 31
148	148	respectful monitoring and communication; 32
149	149	(4) Address issues including without limitation privacy, 33
150	150	consent, liability, safety, implementation, and oversight; and 34
151	151	(5) Recommend specific legislation and rules that safeguard 35
152	152	resident rights while ensuring compliance by facilities. 36 SB616
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156	156	SECTION 2. DO NOT CODIFY. TEMPORARY LANGUAGE. Reporting. 2
157	157	On or before July 1, 2026, the Department of Human Services shall 3
158	158	present its proposed comprehensive framework to: 4
159	159	(1) The Senate Committee on Public Health, Welfare, and Labor; 5
160	160	and 6
161	161	(2) The House Committee on Public Health, Welfare, and Labor. 7
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