Connecticut 2020 Regular Session

Connecticut House Bill HB05208 Compare Versions

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

Old	New	Differences
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4	4	LCO No. 1560 1 of 5
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6	6	General Assembly Raised Bill No. 5208
7	7	February Session, 2020
8	8	LCO No. 1560
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10	10
11	11	Referred to Committee on AGING
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13	13
14	14	Introduced by:
15	15	(AGE)
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20	20	AN ACT DETERRING ABU SE IN NURSING HOMES.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2020) (a) For purposes of this 1
25	25	section: (1) "Ombudsman" means the Office of the Long-Term Care 2
26	26	Ombudsman established pursuant to section 17a-405 of the general 3
27	27	statutes; (2) "electronic monitoring" means the placement and use of an 4
28	28	electronic monitoring device by a resident in the resident's room or 5
29	29	private living unit in accordance with this section; (3) "electronic 6
30	30	monitoring device" means a camera or other device that captures, 7
31	31	records, or broadcasts audio, video, or both, that is placed in a resident's 8
32	32	room or private living unit and is used to monitor the resident or 9
33	33	activities in the room or private living unit; (4) "nursing home facility" 10
34	34	has the same meaning as provided in section 19a-490 of the general 11
35	35	statutes; (5) "resident" means a resident of a nursing home facility; and 12
36	36	(6) "resident representative" means (A) a court-appointed guardian, (B) 13
37	37	a health care representative appointed pursuant to section 19a-575a of 14
38	38	the general statutes, or (C) a person who is not an agent of the nursing 15
39	39	home facility and who is designated in a written document signed by 16
40	40	the resident and included in the resident's records on file with the 17 Raised Bill No. 5208
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44	44	LCO No. 1560 2 of 5
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46	46	nursing home facility. 18
47	47	(b) A resident may install an electronic monitoring device in the 19
48	48	resident's room or private living unit provided: (1) The purchase, 20
49	49	installation, maintenance, operation and removal of the device is at the 21
50	50	expense of the resident, (2) the resident and any roommate of the 22
51	51	resident sign a written consent form pursuant to subsection (c) of this 23
52	52	section, and (3) except as provided in subsection (e) of this section, the 24
53	53	consent form is filed with the nursing home facility not less than 25
54	54	fourteen days before installation of the electronic monitoring device. 26
55	55	(c) No electronic monitoring device shall be installed in a resident's 27
56	56	room or living unit unless the resident and any roommate of the 28
57	57	resident, or a resident representative, has signed a consent form that 29
58	58	includes, but is not limited to: 30
59	59	(1) (A) The signed consent of the resident and any roommate of the 31
60	60	resident; or (B) the signed consent of a resident representative if the 32
61	61	resident or roommate lacks the physical capacity to sign the form but 33
62	62	has verbally consented or a treating health care professional certifies the 34
63	63	resident lacks the mental capacity to sign the form. If a person other than 35
64	64	the resident or the resident's roommate signs the consent form, the form 36
65	65	must document the following: 37
66	66	(i) The date the resident or any roommate was asked if the resident 38
67	67	or roommate wants electronic monitoring to be conducted, 39
68	68	(ii) Who was present when the resident or roommate was asked if he 40
69	69	or she consented to electronic monitoring, 41
70	70	(iii) An acknowledgment that the resident or roommate did not 42
71	71	affirmatively object to electronic monitoring, and 43
72	72	(iv) The source of the authority allowing the resident representative 44
73	73	of the resident or roommate of the resident to sign the consent form on 45
74	74	behalf of the roommate or resident. 46
75	75	(2) A waiver of liability for the nursing home facility for any breach 47 Raised Bill No. 5208
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79	79	LCO No. 1560 3 of 5
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81	81	of privacy involving the resident's use of an electronic monitoring 48
82	82	device unless such breach of privacy occurred because of unauthorized 49
83	83	use of the device or a recording made by the device by nursing home 50
84	84	facility staff. 51
85	85	(3) The type of electronic monitoring device to be used. 52
86	86	(4) A list of conditions or restrictions that the resident or any 53
87	87	roommate of the resident may elect to place on the use of the electronic 54
88	88	monitoring device, including, but not limited to: (A) Prohibiting audio 55
89	89	recording, (B) prohibiting video recording, (C) prohibiting broadcasting 56
90	90	of audio or video, (D) turning off the electronic monitoring device or 57
91	91	blocking the visual recording component of the electronic monitoring 58
92	92	device for the duration of an exam or procedure by a health care 59
93	93	professional, (E) turning off the electronic monitoring device or blocking 60
94	94	the visual recording component of the electronic monitoring device 61
95	95	while the resident or any roommate of the resident is dressing or 62
96	96	bathing, and (F) turning off the electronic monitoring device for the 63
97	97	duration of a visit with a spiritual advisor, ombudsman, attorney, 64
98	98	financial planner, intimate partner or other visitor. 65
99	99	(5) A statement of the circumstances under which a recording may be 66
100	100	disseminated. 67
101	101	(6) A signature box for documenting that the resident or roommate 68
102	102	has consented or withdrawn consent to electronic monitoring. 69
103	103	(d) The ombudsman, within available appropriations, shall make 70
104	104	available on the ombudsman's Internet web site a downloadable copy 71
105	105	of a standard form containing all of the provisions required in 72
106	106	subsection (c) of this section. Nursing home facilities shall (1) make the 73
107	107	consent form available to residents and inform residents of their option 74
108	108	to conduct electronic monitoring of their rooms or private living units, 75
109	109	(2) maintain a copy of the consent form in the resident's records, and (3) 76
110	110	place a notice in a conspicuous place near the entry to the nursing home 77
111	111	facility stating that some rooms and living areas may be subject to 78
112	112	electronic monitoring. 79 Raised Bill No. 5208
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116	116	LCO No. 1560 4 of 5
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118	118	(e) Notwithstanding subdivision (3) of subsection (b) of this section, 80
119	119	a resident or resident representative may install an electronic 81
120	120	monitoring device without submitting the consent form to a nursing 82
121	121	home facility if: (1) The resident or the resident representative 83
122	122	reasonably fears retaliation against the resident by the nursing home 84
123	123	facility for recording or reporting alleged maltreatment of the resident 85
124	124	by nursing home facility staff, submits a completed consent form to the 86
125	125	ombudsman and submits a report to the ombudsman, the 87
126	126	Commissioner of Social Services or police, with evidence from an 88
127	127	electronic monitoring device that suspected maltreatment has occurred; 89
128	128	(2) the nursing home facility has failed to respond for more than two 90
129	129	business days to a written communication from the resident or resident 91
130	130	representative about a concern that prompted the resident's desire for 92
131	131	installation of an electronic monitoring device and the resident or a 93
132	132	resident representative has submitted a consent form to the 94
133	133	ombudsman; or (3) the resident or resident representative has already 95
134	134	submitted a report to the ombudsman, Commissioner of Social Services 96
135	135	or police regarding concerns about the resident's safety or well-being 97
136	136	that prompted the resident's desire for electronic monitoring and the 98
137	137	resident or resident representative has submitted a consent form to the 99
138	138	ombudsman. 100
139	139	(f) If a resident is conducting electronic monitoring and a new 101
140	140	roommate moves into the room or living unit, the resident shall cease 102
141	141	use of the electronic monitoring device unless and until the new 103
142	142	roommate signs the consent form and the resident or resident 104
143	143	representative files the completed form with the roommate's consent to 105
144	144	electronic monitoring with the nursing home facility. If any roommate 106
145	145	of a resident wishing to use electronic monitoring refuses to sign the 107
146	146	consent form, the nursing home facility shall reasonably accommodate 108
147	147	the resident's request to move into a private room or a room with a 109
148	148	roommate who will consent to such monitoring. The resident requesting 110
149	149	the accommodation shall pay any difference in price if the new room is 111
150	150	more costly than the resident's previous room. 112
151	151	(g) Subject to applicable rules of evidence and procedure, any video 113 Raised Bill No. 5208
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155	155	LCO No. 1560 5 of 5
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157	157	or audio recording created through electronic monitoring under this 114
158	158	section may be admitted into evidence in a civil, criminal or 115
159	159	administrative proceeding. For purposes of section 1-210 of the general 116
160	160	statutes, (1) a consent form signed by a resident or a resident's 117
161	161	representative requesting electronic monitoring, or (2) a recording from 118
162	162	a resident's electronic monitoring device shall not be considered a public 119
163	163	record. 120
164	164	This act shall take effect as follows and shall amend the following
165	165	sections:
166	166
167	167	Section 1 October 1, 2020 New section
168	168
169	169	Statement of Purpose:
170	170	To allow nursing home residents or their representatives to install
171	171	electronic monitoring devices in their rooms, provided any roommates
172	172	agree in writing to the use of such devices and liability for any breach of
173	173	privacy related to the resident's use of such device is waived for nursing
174	174	homes.
175	175	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
176	176	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
177	177	underlined.]
178	178