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