Assigned to HHS AS PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1542
group homes; electronic monitoring
Purpose
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 only if there are no
objections by any client or client's responsible person. Prohibits service providers from preventing
clients' responsible persons from installing electronic monitoring devices if each client or client's
responsible person agrees to installing and paying for the cost of the devices.
Background
Statute 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 nonconsensual interception of wire or electronic communications (A.R.S.
§ 36-568).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Stipulates that service providers of group homes, nursing-supported group homes and
intermediate care facilities for persons with developmental disabilities may only install,
oversee and monitor electronic monitoring devices in common areas of the facility if there are
no objections by any client or client's responsible person. FACT SHEET – Amended
S.B. 1542
Page 2
2. Prohibits service providers from preventing clients' responsible persons from installing
electronic monitoring devices if each client or client's responsible person agrees to installing
and paying for the cost of the devices.
3. Requires clients' responsible persons who install and pay for electronic monitoring devices to
be responsible for the maintenance and repair of the devices.
4. Prohibits service providers from accessing the electronic record of electronic monitoring
devices installed by clients' responsible persons, unless the responsible persons provide access.
5. Directs the DES Director to adopt rules for the use of electronic monitoring in nursing
supported group homes.
6. 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
responsible person, unless the record contains evidence of a criminal offense.
7. Restricts DES electronic monitorin
8. g rules from prohibiting cost sharing for electronic monitoring devices between service
providers and clients' responsible persons.
9. Permits a service provider to require cost sharing for electronic monitoring devices only with
the consent of clients' responsible persons.
10. Specifies that the DES's group home electronic monitoring rules do not apply to electronic
monitoring devices installed and paid for by clients' responsible persons.
11. Exempts DES from statutory rulemaking requirements for one year for purposes of adopting
rules related to group home electronic monitoring.
12. Makes conforming changes.
13. 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.
Amendments Adopted by Committee of the Whole
1. Removes the requirement of group home service providers to install and monitor electronic
monitoring devices and reinserts the existing permissive authority for installation and
monitoring. FACT SHEET – Amended
S.B. 1542
Page 3
2. Prohibits service providers from preventing clients' responsible persons from installing
electronic monitoring devices if all of the responsible persons agree to installing and paying
for the cost of the devices.
3. Requires clients' responsible persons who install and pay for electronic monitoring devices to
be responsible for the maintenance and repair of the devices.
4. Specifies that the DES's group home electronic monitoring rules do not apply to electronic
monitoring devices installed and paid for by clients' responsible persons.
5. Prohibits service providers from accessing the electronic record of electronic monitoring
devices installed by clients' responsible persons.
6. Replaces use of the term member's family or guardian with client's responsible person.
Amendments Adopted by the House of Representatives
1. Prohibits service providers from preventing clients' responsible persons from installing
electronic monitoring devices if each client agrees to installing and paying for the cost of the
devices.
2. Allows service providers to access the electronic record of electronic monitoring devices
installed by clients' responsible persons if the responsible persons provide access.
Senate Action House Action
HHS 2/2/22 DPA 8-0-0 HHS 3/8/22 DPA 7-1-0-1
3
rd
Read 3/3/22 27-0-3 3
rd
Read 5/16/22 52-1-7
Prepared by Senate Research
May 16, 2022
MM/sr