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General Assembly Raised Bill No. 6552
January Session, 2021
LCO No. 4291
Referred to Committee on AGING
Introduced by:
(AGE)
AN ACT CONCERNING TH E RIGHTS OF RESIDENTS IN LONG-TERM
CARE FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE
FOR VIRTUAL CONNECTI ONS TO FAMILY, FRIENDS AND OTHER
PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this 1
section: (1) "Long-term care facility" means a nursing home facility as 2
defined in section 19a-490 of the general statutes or a managed 3
residential community as defined in section 19a-693 of the general 4
statutes; (2) "resident" means a resident of a long-term care facility; (3) 5
"resident representative" means (A) a court-appointed conservator of 6
the person or guardian, (B) a health care representative appointed 7
pursuant to section 19a-575a of the general statutes, or (C) if there is no 8
court-appointed conservator of the person or guardian, or health care 9
representative, a person who is (i) designated in a written document 10
signed by the resident and included in the resident's records on file with 11
the facility, or (ii) if there is no such written document, a person who is 12
a legally liable relative or other responsible party, provided that such 13
person is not an employer or contractor of the facility; (4) "technology" 14 Raised Bill No. 6552
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means a device capable of remote audio or video communications that 15
may include recording capabilities; (5) "virtual monitoring" means the 16
ability of a third party to monitor a resident via technology owned and 17
operated by the resident in the resident's room or living quarters; and 18
(6) "virtual visitation" means remote visitation between a resident and 19
family members or other persons with technology. 20
(b) A resident shall have the right to use technology of the resident's 21
choice that facilitates virtual monitoring or virtual visitation provided: 22
(1) The purchase, activation, installation, maintenance, repair, 23
operation, deactivation and removal of such technology is at the 24
expense of the resident; (2) the technology and any recordings obtained 25
therefrom are used by the resident and any person communicating with 26
the resident or monitoring the resident in a manner that does not violate 27
any individual's right to privacy under state or federal law and in 28
accordance with the provisions of this section; (3) a clear and 29
conspicuous notice is placed on the door of the resident's room or living 30
unit indicating that technology enabling virtual monitoring may be in 31
use; (4) in cases where the resident intends to use technology for virtual 32
monitoring in shared living situations, the resident or resident 33
representative provides advance notice to a roommate or the 34
roommate's representative specifying the type of technology, the 35
proposed location of the device, its intended use, intended hours of 36
operation and whether the device is capable of recording audio or video 37
or being activated remotely; (5) the resident or resident representative 38
obtains the written consent of the roommate or resident representative 39
of the roommate for the use of the technology for virtual monitoring; 40
and (6) the resident or resident representative files a signed, written 41
notice with the long-term care facility and a copy of any written consent 42
of any roommate not less than seven days before installing or using such 43
technology for virtual monitoring that (A) identifies the type of 44
technology, its intended use, intended hours of use and location of such 45
technology in the room or living quarters, (B) contains verification that 46
the technology complies with applicable state and federal life safety and 47
fire codes if such codes include standards for such technology, (C) states 48 Raised Bill No. 6552
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whether the technology is capable of recording audio or video or being 49
activated or controlled remotely, (D) acknowledges that the resident is 50
responsible for the purchase, activation, installation, maintenance, 51
repair, operation, deactivation and removal of such technology, and (E) 52
includes a waiver of all civil, criminal and administrative liability for the 53
long-term care facility in accordance with subsection (d) of this section. 54
The provisions of this subsection shall not apply to cellular mobile 55
telephones used primarily for telephonic communication or tablets not 56
used for virtual monitoring. 57
(c) (1) A long-term care facility shall provide Internet access, 58
electricity and a power source for technology used for virtual 59
monitoring or virtual visitation at no cost to a resident, provided (A) the 60
cost associated with any necessary upgrades to Internet infrastructure 61
to provide adequate Internet access for residents to use such technology 62
shall be considered a capital improvement eligible for a higher rate of 63
reimbursement for a nursing home facility under the provisions of 64
subsection (f) of section 17b-340 of the general statutes, and (B) a long-65
term care facility may assess a pro-rated portion of the cost of any 66
necessary Internet infrastructure upgrades for resident use of such 67
technology to any resident privately paying for a residence in such 68
facility and using such technology. A resident or resident representative 69
may also procure his or her own Internet connectivity. A private paying 70
resident who procures his or her own Internet connectivity shall not be 71
charged for the cost of any necessary Internet infrastructure upgrades 72
by the long-term care facility. 73
(2) A long-term care facility may establish policies and procedures on 74
the use of technology for virtual monitoring addressing (A) except for 75
cellular mobile telephones used primarily for telephonic 76
communication or tablets not used for virtual monitoring, placement of 77
any technology device in a conspicuously visible, stationary location in 78
the resident's room or living quarters, (B) restrictions on use of the 79
technology to record video or audio outside the resident's room or living 80
quarters or in any shared common space, (C) compliance with 81
applicable federal, state and local life safety and fire protection 82 Raised Bill No. 6552
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requirements, (D) limitations on use of technology when such use will 83
interfere with resident care or privacy unless the resident, a roommate 84
of the resident, or their resident representatives, consents to such use, 85
(E) the ability to limit use of technology in the event of an emergency or 86
disruption to the facility's Internet service, and (F) actions that the long-87
term care facility may take for failure to comply with applicable federal, 88
state and local laws or facility policy in the use of technology and the 89
process by which a resident may appeal such actions. 90
(d) A long-term care facility shall be immune from any civil, criminal 91
or administrative liability for any (1) violation of privacy rights of any 92
individual under state or federal law caused by a resident's use of 93
technology; (2) damage to the resident's technology, including, but not 94
limited to, malfunction not caused by the negligence of the long-term 95
care facility; and (3) instance when audio or video produced by the 96
resident's technology is inadvertently or intentionally disclosed to, 97
intercepted or used by an unauthorized third-party. 98
(e) A long-term care facility shall place a conspicuous notice (1) at the 99
entrance to the facility indicating that technology enabling virtual 100
monitoring or virtual visitation may be in use in some residents' rooms 101
or living quarters; and (2) except for cellular mobile telephones used 102
primarily for telephonic communication or tablets not used for virtual 103
monitoring, on the door of any resident's room or living quarters where 104
such technology may be used. In cases where any roommate of a 105
resident refuses to give consent for use of technology for virtual 106
monitoring that may capture audio or video of the roommate, a long-107
term care facility shall work with both the resident and the roommate to 108
seek an acceptable accommodation for use of the technology with the 109
roommate's consent. If the roommate continues to refuse consent, the 110
long-term care facility shall work with the resident wishing to use such 111
technology to develop an alternative, including transfer to another room 112
with a roommate who consents to use of the technology, provided an 113
appropriate room is available and the resident is able to pay any 114
difference in price if the new room is more costly than the resident's 115
current room. 116 Raised Bill No. 6552
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(f) The Office of the Long-Term Care Ombudsman may provide 117
standard forms on its Internet web site for (1) notice by a resident to a 118
long-term care facility of the resident's plan to install and use technology 119
of their choice for virtual monitoring; and (2) consent forms for any 120
roommate of a resident who wishes to use technology for virtual 121
monitoring that may capture audio or video of the roommate. The Office 122
of the Long-Term Care Ombudsman shall develop such standard forms 123
in consultation with long-term care facility representatives and the 124
Department of Public Health. 125
(g) The Commissioner of Public Health may adopt regulations in 126
accordance with the provisions of chapter 54 of the general statutes to 127
implement the provisions of this section. 128
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Statement of Purpose:
To allow residents of long-term care facilities to use technology of their
choice.
[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.]