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General Assembly Substitute Bill No. 6552
January Session, 2021
AN ACT CONCERNING TH E RIGHTS OF RESIDENTS IN NURSING
HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE
FOR VIRTUAL CONNECTIONS TO FAMIL Y, 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: 2
(1) "Nursing home facility" has the same meaning as provided in 3
section 19a-490 of the general statutes; 4
(2) "Resident" means a resident of a nursing home facility; 5
(3) "Resident representative" means (A) a court-appointed 6
conservator of the person or guardian, (B) a health care representative 7
appointed pursuant to section 19a-575a of the general statutes, or (C) if 8
there is no court-appointed conservator of the person or guardian, or 9
health care representative, a person who is (i) designated in a written 10
document signed by the resident and included in the resident's records 11
on file with the facility, or (ii) if there is no such written document, a 12
person who is a legally liable relative or other responsible party, 13
provided such person is not an employer or contractor of the facility; 14
(4) "Technology" means a device capable of remote audio or video 15 Substitute Bill No. 6552
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communications that may include recording capabilities; 16
(5) "Virtual monitoring" means remote monitoring of a resident by a 17
third party via technology owned and operated by the resident in the 18
resident's room or living quarters; and 19
(6) "Virtual visitation" means remote visitation between a resident 20
and family members or other persons with technology. 21
(b) A resident shall have the right to use technology of the resident's 22
choice that facilitates virtual monitoring or virtual visitation, provided: 23
(1) The purchase, activation, installation, maintenance, repair, 24
operation, deactivation and removal of such technology is at the 25
expense of the resident; 26
(2) The technology and any recordings obtained therefrom are used 27
by the resident and any person communicating with the resident or 28
monitoring the resident in a manner that does not violate any 29
individual's right to privacy under state or federal law and in 30
accordance with the provisions of this section; 31
(3) A clear and conspicuous notice is placed on the door of the 32
resident's room or living unit indicating that technology enabling 33
virtual monitoring and intended for such -use may be in use; 34
(4) In cases where the resident intends to use technology for virtual 35
monitoring in shared living situations, the resident or resident 36
representative provides advance notice to a roommate or the 37
roommate's representative specifying the type of technology, the 38
proposed location of the device, its intended use, intended hours of 39
operation and whether the device is capable of recording audio or video 40
or being activated remotely; 41
(5) The resident or resident representative (A) obtains the written 42
consent of all roommates or resident representatives of all roommates 43
for the use of the technology for virtual monitoring, and (B) if any 44 Substitute Bill No. 6552
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roommate withdraws consent, ceases using the technology for virtual 45
monitoring until consent is obtained; and 46
(6) The resident or resident representative files a signed, written 47
notice with the nursing home facility and a copy of any written consent 48
of any roommate not less than seven days before installing or using such 49
technology for virtual monitoring that (A) identifies the type of 50
technology, its intended use, intended hours of operation and location 51
of such technology in the room or living quarters, (B) states whether the 52
technology is capable of recording audio or video or being activated or 53
controlled remotely, (C) acknowledges that the resident is responsible 54
for the purchase, activation, installation, maintenance, repair, operation, 55
deactivation and removal of such technology, and (D) includes a waiver 56
of all civil, criminal and administrative liability for the nursing home 57
facility in accordance with subsection (d) of this section. 58
The provisions of this subsection shall not apply to cellular mobile 59
telephones used primarily for telephonic communication or tablets not 60
used for virtual monitoring. If a roommate withdraws consent for the 61
use of technology for virtual monitoring, a resident or resident 62
representative shall inform the facility, in writing, not later than seven 63
days after the roommate withdraws consent. 64
(c) (1) A nursing home facility shall provide Internet access, electricity 65
and a power source for technology used for virtual monitoring or virtual 66
visitation at no cost to a resident, provided (A) a nursing home facility 67
includes the cost of providing Internet access in cost reports filed with 68
the Department of Social Services for purposes of Medicaid 69
reimbursement, (B) the cost associated with any necessary upgrades to 70
Internet infrastructure to provide adequate Internet access for residents 71
to use such technology is considered a capital improvement eligible for 72
reimbursement under fair rent rate provisions of subsection (f) of 73
section 17b-340 of the general statutes, (C) the Commissioner of Social 74
Services uses any available funding provided by the federal government 75
to the state and authorized by the federal government for expenses 76
related to COVID-19 at nursing home facilities to provide grants-in-aid 77 Substitute Bill No. 6552
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to such facilities for such upgrades, provided such use is approved by 78
the federal government, and (D) a nursing home facility may assess a 79
prorated portion of any unreimbursed cost of such upgrades to any 80
resident privately paying for a residence in such facility and using such 81
technology. A resident may also procure his or her own Internet 82
connectivity. A private-paying resident who procures his or her own 83
Internet connectivity shall not be charged for the cost of any Internet 84
infrastructure upgrades by the nursing home facility necessary for 85
residents to use such technology. 86
(2) A nursing home facility may establish policies and procedures on 87
the use of technology for virtual monitoring addressing (A) except for 88
cellular mobile telephones used primarily for telephonic 89
communication or tablets not used for virtual monitoring, placement of 90
any technology device in a conspicuously visible, stationary location in 91
the resident's room or living quarters, (B) restrictions on use of the 92
technology to record video or audio outside the resident's room or living 93
quarters or in any shared common space, (C) compliance with 94
applicable federal, state and local life safety and fire protection 95
requirements, (D) limitations on use of technology for virtual 96
monitoring when such use will interfere with resident care or privacy 97
unless the resident, a roommate of the resident, or his or her resident 98
representative, consents to such use, (E) the ability to limit use of 99
technology in the event of a disruption to the facility's Internet service, 100
and (F) actions that the nursing home facility may take for failure to 101
comply with applicable federal, state and local laws or facility policy in 102
the use of technology and the process by which a resident may appeal 103
such actions. 104
(d) A nursing home facility shall be immune from any civil, criminal 105
or administrative liability for any (1) violation of privacy rights of any 106
individual under state or federal law caused by a resident's use of 107
technology; (2) damage to the resident's technology, including, but not 108
limited to, malfunction not caused by the negligence of the nursing 109
home facility; and (3) instance when audio or video produced by the 110 Substitute Bill No. 6552
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resident's technology is inadvertently or intentionally disclosed to, 111
intercepted or used by an unauthorized third party. 112
(e) A nursing home facility shall place a conspicuous notice (1) at the 113
entrance to the facility indicating that technology enabling virtual 114
monitoring or virtual visitation may be in use in some residents' rooms 115
or living quarters; and (2) except for cellular mobile telephones used 116
primarily for telephonic communication or tablets not used for virtual 117
monitoring, on the door of any resident's room or living quarters where 118
such technology may be used for virtual monitoring. In cases where any 119
roommate of a resident refuses to give consent for use of technology for 120
virtual monitoring that may capture audio or video of the roommate, a 121
nursing home facility shall work with both the resident and the 122
roommate to seek an acceptable accommodation for use of the 123
technology with the roommate's consent. If the roommate continues to 124
refuse consent, the nursing home facility shall work with the resident 125
wishing to use such technology to develop an alternative, including 126
transfer to another room with a roommate who consents to use of the 127
technology, provided an appropriate room is available and the resident 128
is able to pay any difference in price if the new room is more costly than 129
the resident's current room. 130
(f) The Office of the Long-Term Care Ombudsman may provide 131
standard forms on its Internet web site for (1) notice by a resident to a 132
nursing home facility of the resident's plan to install and use technology 133
of his or her choice for virtual monitoring; (2) consent forms for any 134
roommate of a resident who wishes to use technology for virtual 135
monitoring that may capture audio or video of the roommate; and (3) 136
forms for a resident or resident representative to notify the facility that 137
a roommate has withdrawn consent for use of technology for virtual 138
monitoring. The Office of the Long-Term Care Ombudsman shall 139
develop such standard forms in consultation with nursing home facility 140
representatives and the Department of Public Health. 141
(g) The Commissioner of Public Health may adopt regulations in 142
accordance with the provisions of chapter 54 of the general statutes to 143 Substitute Bill No. 6552
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implement the provisions of this section. 144
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Statement of Legislative Commissioners:
In Section 1(b)(3), "enabling virtual monitoring" was changed to
"enabling virtual monitoring and intended for such use" for accuracy
and consistency; in Section 1(b)(5)(A), "the roommate" was changed to
"all roommates" and ""resident representative of the roommate" was
changed to "resident representatives of all roommates" for accuracy and
internal consistency; in Section 1(b)(5)(B), , "the roommate" was changed
to "any roommate" for accuracy and internal consistency; in Section
1(b)(6)(A), "hours of use" was changed to "hours of operation" for
consistency; in Section 1(c)(1)(C), "such upgrades," was changed to
"such upgrades, provided such use is approved by the federal
government," for accuracy; in Section 1(c)(2)(D), "their resident
representatives" was changed to "his or her resident representative" for
consistency; in Section 1(e)(2), "may be used" was changed to "may be
used for virtual monitoring" for accuracy and consistency; and in
Section 1(f)(1), "their choice" was changed to "his or her choice" for
consistency.
AGE Joint Favorable Subst.