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