Assigned to HHS AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1542
group homes; electronic monitoring
Purpose
Requires service providers of group homes, nursing-supported group homes and
intermediate care facilities for persons with developmental disabilities to install, oversee and
monitor electronic monitoring devices in common areas of the facility, unless a client or client's
family or guardian objects.
Background
Statue permits service providers of group homes, nursing-supported group homes or
intermediate care facilities for persons with developmental disabilities to install, oversee and
monitor electronic monitoring devices in common areas, including hallways of the facility. The
service provider may contract with a third party to install and oversee the monitoring devices. The
Director of the Department of Economic Security (DES) must adopt rules for use of electronic
monitoring devices in group homes and intermediate care facilities that include: 1) consent
requirements; 2) public disclosure that a monitoring device is in use at a property; 3) the
maintenance, storage and retention schedule of the electronic record; 4) who has access to the
record and under what circumstances; 5) how confidentiality and privacy are maintained; 6) how
often the device is monitored or reviewed by the service provider; 7) an assurance that all staff
with access to the electronic record are properly trained in facility policies and the protection of
client rights; and 8) an assurance that adherence to the facility policies is monitored and the risks
or breaches of the facility policy are promptly addressed.
Electronic monitoring device means a video surveillance camera or audio device that is
installed in a common area, including a hallway, of a group home or intermediate care facility.
Electronic monitoring device does not include an electronic, mechanical or other device that is
specifically used for the nonconsenual interception of wire or electronic communications (A.R.S.
ยง 36-568).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires, rather than allows, service providers of group homes, nursing-supported group
homes and intermediate care facilities for persons with developmental disabilities to install,
oversee and monitor electronic monitoring devices in common areas of the facility, unless a
client or client's family or guardian objects. FACT SHEET
S.B. 1542
Page 2
2. Directs the DES Director to adopt rules for the use of electronic monitoring in nursing
supported group homes.
3. Requires DES electronic monitoring rules to include an assurance of access to the electronic
record, including live recording and video feed, by the service provider, a client or client's
family or guardian, unless the record contains evidence of a criminal offense.
4. Restricts DES electronic monitoring rules from prohibiting cost sharing for electronic
monitoring devices between service providers and clients' families.
5. Permits a service provider to require cost sharing for electronic monitoring devices only with
the consent of client families or guardians.
6. Exempts DES from statutory rulemaking requirements for purposes of adopting rules related
to group home electronic monitoring for one year.
7. Makes conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Permits a service provider to require cost sharing for electronic monitoring devices only with
the consent of client families or guardians.
2. Exempts DES from statutory rulemaking requirements for purposes of adopting rules related
to group home electronic monitoring for one year.
3. Replaces use of the term member with client.
Senate Action
HHS 2/2/22 DPA 8-0-0
Prepared by Senate Research
February 3, 2022
MM/sr