Connecticut 2020 Regular Session

Connecticut House Bill HB05444 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5
6	6
7	7	LCO No. 2624 1 of 6
8	8
9	9	General Assembly Raised Bill No. 5444
10	10	February Session, 2020
11	11	LCO No. 2624
12	12
13	13
14	14	Referred to Committee on HUMAN SERVICES
15	15
16	16
17	17	Introduced by:
18	18	(HS)
19	19
20	20
21	21
22	22
23	23	AN ACT CONCERNING TH E USE OF VIDEO CAMER AS IN THE
24	24	ROOMS OF NONVERBAL N URSING HOME RESIDENTS.
25	25	Be it enacted by the Senate and House of Representatives in General
26	26	Assembly convened:
27	27
28	28	Section 1. (NEW) (Effective October 1, 2020) (a) For purposes of this 1
29	29	section: (1) "Ombudsman" means the Office of the Long-Term Care 2
30	30	Ombudsman established pursuant to section 17a-405 of the general 3
31	31	statutes; (2) "electronic monitoring" means the placement and use of an 4
32	32	electronic monitoring device by a nonverbal resident or his or her 5
33	33	resident representative in the resident's room or private living unit in 6
34	34	accordance with this section; (3) "electronic monitoring device" means a 7
35	35	camera or other device that captures, records or broadcasts audio, video, 8
36	36	or both, and may offer two-way communication over the Internet that 9
37	37	is placed in a nonverbal resident's room or private living unit and is 10
38	38	used to monitor the nonverbal resident or activities in the room or 11
39	39	private living unit; (4) "nursing home facility" has the same meaning as 12
40	40	provided in section 19a-490 of the general statutes; (5) "nonverbal 13
41	41	resident" means a resident of a nursing home facility who is unable to 14
42	42	verbally communicate due to physical or mental conditions, including, 15 Raised Bill No. 5444
43	43
44	44
45	45
46	46	LCO No. 2624 2 of 6
47	47
48	48	but not limited to, Alzheimer's disease and dementia; and (6) "resident 16
49	49	representative" means (A) a court-appointed guardian, (B) a health care 17
50	50	representative appointed pursuant to section 19a-575a of the general 18
51	51	statutes, or (C) a person who is not an agent of the nursing home facility 19
52	52	and who is designated in a written document signed by the nonverbal 20
53	53	resident and included in the resident's records on file with the nursing 21
54	54	home facility. 22
55	55	(b) A nonverbal resident or his or her resident representative may 23
56	56	install an electronic monitoring device in the resident's room or private 24
57	57	living unit provided: (1) The purchase, installation, maintenance, 25
58	58	operation and removal of the device is at the expense of the resident, (2) 26
59	59	the resident and any roommate of the resident, or the respective resident 27
60	60	representatives, sign a written consent form pursuant to subsection (c) 28
61	61	of this section, (3) the resident or his or her resident representative 29
62	62	places a clear and conspicuous note on the door of the room or private 30
63	63	living unit that the room or private living area is subject to electronic 31
64	64	monitoring, and (4) the consent form is filed with the nursing home 32
65	65	facility not less than seven days before installation of the electronic 33
66	66	monitoring device except as provided in subsection (e) of this section. 34
67	67	(c) No electronic monitoring device shall be installed in a nonverbal 35
68	68	resident's room or living unit unless the resident and any roommate of 36
69	69	the resident, or a resident representative, has signed a consent form that 37
70	70	includes, but is not limited to: 38
71	71	(1) (A) The signed consent of the nonverbal resident and any 39
72	72	roommate of the resident; or (B) the signed consent of a resident 40
73	73	representative of the nonverbal resident or roommate if the nonverbal 41
74	74	resident or roommate lacks the physical or mental capacity to sign the 42
75	75	form. If a resident representative signs the consent form, the form must 43
76	76	document the following: 44
77	77	(i) The date the nonverbal resident or any roommate was asked if the 45
78	78	resident or roommate wants electronic monitoring to be conducted, 46
79	79	(ii) Who was present when the nonverbal resident or roommate was 47 Raised Bill No. 5444
80	80
81	81
82	82
83	83	LCO No. 2624 3 of 6
84	84
85	85	asked if he or she consented to electronic monitoring, 48
86	86	(iii) An acknowledgment that the nonverbal resident or roommate 49
87	87	did not affirmatively object to electronic monitoring, and 50
88	88	(iv) The source of the authority allowing the resident representative 51
89	89	of the nonverbal resident or roommate to sign the consent form on 52
90	90	behalf of the nonverbal roommate or resident. 53
91	91	(2) A waiver of liability for the nursing home facility for any breach 54
92	92	of privacy involving the nonverbal resident's use of an electronic 55
93	93	monitoring device, unless such breach of privacy occurred because of 56
94	94	unauthorized use of the device or a recording made by the device by 57
95	95	nursing home facility staff. 58
96	96	(3) The type of electronic monitoring device to be used. 59
97	97	(4) A list of conditions or restrictions that the nonverbal resident or 60
98	98	any roommate of the resident may elect to place on the use of the 61
99	99	electronic monitoring device, including, but not limited to: (A) 62
100	100	Prohibiting audio recording, (B) prohibiting video recording, (C) 63
101	101	prohibiting broadcasting of audio or video, (D) turning off the electronic 64
102	102	monitoring device or blocking the visual recording component of the 65
103	103	electronic monitoring device for the duration of an exam or procedure 66
104	104	by a health care professional, (E) turning off the electronic monitoring 67
105	105	device or blocking the visual recording component of the electronic 68
106	106	monitoring device while the nonverbal resident or any roommate of the 69
107	107	resident is dressing or bathing, and (F) turning off the electronic 70
108	108	monitoring device for the duration of a visit with a spiritual advisor, 71
109	109	ombudsman, attorney, financial planner, intimate partner or other 72
110	110	visitor to the nonverbal resident or roommate of the resident. 73
111	111	(5) An acknowledgment that the nonverbal resident, roommate or the 74
112	112	respective resident representative shall be responsible for operating the 75
113	113	electronic monitoring device in accordance with the conditions and 76
114	114	restrictions listed in subdivision (4) of this subsection unless the 77
115	115	resident, roommate or the respective resident representative have 78 Raised Bill No. 5444
116	116
117	117
118	118
119	119	LCO No. 2624 4 of 6
120	120
121	121	signed a written agreement with the nursing home facility under which 79
122	122	nursing home facility staff operate the electronic monitoring device for 80
123	123	this purpose. Such agreement may contain a waiver of liability for the 81
124	124	nursing home facility related to the operation of the device by nursing 82
125	125	home facility staff. 83
126	126	(6) A statement of the circumstances under which a recording may be 84
127	127	disseminated. 85
128	128	(7) A signature box for documenting that the nonverbal resident or 86
129	129	roommate of the resident, or the respective resident representative, has 87
130	130	consented to electronic monitoring or withdrawn consent. 88
131	131	(d) The ombudsman, within available appropriations, shall make 89
132	132	available on the ombudsman's Internet web site a downloadable copy 90
133	133	of a standard form containing all of the provisions required under 91
134	134	subsection (c) of this section. Nursing home facilities shall (1) make the 92
135	135	consent form available to nonverbal residents and inform such residents 93
136	136	and the respective resident representatives of their option to conduct 94
137	137	electronic monitoring of their rooms or private living units, (2) maintain 95
138	138	a copy of the consent form in the nonverbal resident's records, and (3) 96
139	139	place a notice in a conspicuous place near the entry to the nursing home 97
140	140	facility stating that some rooms and living areas may be subject to 98
141	141	electronic monitoring. 99
142	142	(e) Notwithstanding subdivision (4) of subsection (b) of this section, 100
143	143	a nonverbal resident or his or her resident representative may install an 101
144	144	electronic monitoring device without submitting the consent form to a 102
145	145	nursing home facility if: (1) The nonverbal resident or the resident 103
146	146	representative (A) reasonably fears retaliation against the nonverbal 104
147	147	resident by the nursing home facility for recording or reporting alleged 105
148	148	abuse or neglect of the resident by nursing home facility staff, (B) 106
149	149	submits a completed consent form to the ombudsman, and (C) submits 107
150	150	a report to the ombudsman, the Commissioner of Social Services, the 108
151	151	Commissioner of Public Health or police, with evidence from an 109
152	152	electronic monitoring device that suspected abuse or neglect of the 110 Raised Bill No. 5444
153	153
154	154
155	155
156	156	LCO No. 2624 5 of 6
157	157
158	158	nonverbal resident has occurred; (2) (A) the nursing home facility has 111
159	159	failed to respond for more than two business days to a written 112
160	160	communication from the nonverbal resident or his or her resident 113
161	161	representative about a concern that prompted the resident's desire for 114
162	162	installation of an electronic monitoring device, and (B) the nonverbal 115
163	163	resident or his or her resident representative has submitted a consent 116
164	164	form to the ombudsman; or (3) (A) the nonverbal resident or his or her 117
165	165	resident representative has already submitted a report to the 118
166	166	ombudsman, Commissioner of Social Services, Commissioner of Public 119
167	167	Health or police regarding concerns about the nonverbal resident's 120
168	168	safety or well-being that prompted the resident's desire for electronic 121
169	169	monitoring, and (B) the nonverbal resident or his or her resident 122
170	170	representative has submitted a consent form to the ombudsman. 123
171	171	(f) If a nonverbal resident is conducting electronic monitoring and a 124
172	172	new roommate moves into the room or living unit, the nonverbal 125
173	173	resident shall cease use of the electronic monitoring device unless and 126
174	174	until the new roommate signs the consent form and the nonverbal 127
175	175	resident or his or her resident representative files the completed form 128
176	176	with the roommate's consent to electronic monitoring with the nursing 129
177	177	home facility. If any roommate of a nonverbal resident wishing to use 130
178	178	electronic monitoring refuses to sign the consent form, the nursing home 131
179	179	facility shall reasonably accommodate the nonverbal resident's request 132
180	180	to move into a private room or a room with a roommate who has agreed 133
181	181	to consent to such monitoring, if available, not later than thirty days 134
182	182	after the request. The nonverbal resident requesting the accommodation 135
183	183	shall pay any difference in price if the new room is more costly than the 136
184	184	resident's previous room. 137
185	185	(g) Subject to applicable rules of evidence and procedure, any video 138
186	186	or audio recording created through electronic monitoring under this 139
187	187	section may be admitted into evidence in a civil, criminal or 140
188	188	administrative proceeding. 141 Raised Bill No. 5444
189	189
190	190
191	191
192	192	LCO No. 2624 6 of 6
193	193
194	194	This act shall take effect as follows and shall amend the following
195	195	sections:
196	196
197	197	Section 1 October 1, 2020 New section
198	198
199	199	Statement of Purpose:
200	200	To allow nonverbal nursing home residents or their representatives to
201	201	install electronic monitoring devices in their rooms, provided any
202	202	roommates agree in writing to the use of such devices and liability for
203	203	any breach of privacy related to the resident's use of such device is
204	204	waived for nursing homes.
205	205	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
206	206	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
207	207	underlined.]
208	208