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OLR Bill Analysis
sHB 6552 (as amended by House "A")*
AN ACT CONCERNING THE RIGHTS OF RESIDENTS IN NURSING
HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE
FOR VIRTUAL CONNECTIONS TO FAMILY, FRIENDS AND OTHER
PERSONS.
SUMMARY
This bill allows nursing home residents to use technology of their
choosing that facilitates virtual monitoring or virtual visitation. A
resident may do this only if:
1. the resident pays for the technology and its installation,
maintenance, operation, deactivation, and removal;
2. the resident submits to the nursing home a signed, written
notice and any roommate’s signed, written consent at least
seven days before installing or using virtual monitoring
technology;
3. the resident stops using virtual monitoring technology if any
roommate withdraws his or her consent to its use;
4. the nursing home places a clear and conspicuous notice at the
facility’s entrance and on the door of the resident’s room or
living unit stating that this technology may be in use; and
5. the technology and any recordings or images obtained from it
are used by the resident and any person communicating with or
monitoring the resident in a manner that does not violate an
individual’s right to privacy under state or federal law.
The bill’s requirements for virtual monitoring technology do not
apply to mobile telephones that are used primarily for phone
communication or tablets not used for virtual monitoring (hereafter 2021HB-06552-R010627-BA.DOCX
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“mobile phones and tablets”), except for requirements related to (1)
nursing home policies and procedures on the use of this technology;
(2) civil, criminal, and administrative liability for nursing homes; (3)
nursing home notification requirements; (4) long -term care
ombudsman notification and consent forms; and (5) Department of
Public Health (DPH) regulations (see below).
Additionally, the bill:
1. requires nursing homes to provide residents with free internet
access, electricity, and a power source for virtual monitoring or
virtual visitation technology, under certain conditions;
2. generally grants nursing homes immunity from civil, criminal,
or administrative liability related to residents’ use of this
technology;
3. allows nursing homes to establish policies and procedures for
using virtual monitoring technology;
4. allows the long-term care ombudsman to develop and provide
on its website standard consent and notification forms for the
use of virtual monitoring technology; and
5. allows the DPH commissioner to adopt regulations to
implement the bill’s provisions.
Under the bill, “technology” means a device capable of remote
audio or video communications that may include recording
capabilities. A “resident representative” is a person who is the
resident’s (1) legally appointed health care representative, guardian, or
conservator; (2) designee, as indicated in a signed written document in
the resident’s facility records; or (3) legally liable relative or other
responsible party who is not a facility employee or contractor.
*House Amendment “A” adds provisions (1) requiring images, in
addition to technology and recordings, obtained from virtual
monitoring to be used in a manner that does not violate an individual’s
privacy rights; (2) extending certain virtual monitoring requirements 2021HB-06552-R010627-BA.DOCX
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to mobile telephones and tablets; and (3) requiring the Department of
Social Services (DSS) to reimburse nursing homes for the cost of free
internet access for residents if the department determines the cost is
eligible for reimbursement under its fair rent rate.
EFFECTIVE DATE: October 1, 2021
NOTIFICATION AND CON SENT
Roommate Notice and Consent
If the resident intends to use technology for virtual monitoring in a
shared living situation, the bill requires the resident or the resident’s
representative to provide advanced notice to the roommate or the
roommate’s representative specifying the type and location of the
technology, its intended use and hours of operation, and whether it is
capable of recording audio or video or being activated remotely.
The resident or the resident’s representative must also obtain the
roommate’s or representative’s consent to use virtual monitoring
technology. If the roommate withdraws consent, the resident or
resident’s representative must stop using the virtual monitoring
technology until consent is obtained.
Under the bill, if the roommate continues to refuse consent, the
nursing home must work with the resident on an alternative, including
transferring the resident to another room with a roommate who has
agreed to consent to such monitoring. The nursing home must do this
only if an appropriate room is available and the resident is able to pay
any price difference.
Facility Notification
Under the bill, the resident or resident’s representative must file a
signed, written notice with the facility and a copy of the roommate’s
consent, if applicable, at least seven days before installing or using the
virtual monitoring technology. The notice must:
1. identify the type of technology and its intended use, hours of
use, and location in the resident’s room or living unit; 2021HB-06552-R010627-BA.DOCX
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2. state whether the technology is capable of recording audio or
video or being remotely activated or controlled;
3. acknowledge that the resident is responsible for purchasing,
installing, maintaining, repairing, operating, deactivating, and
removing the technology; and
4. include a waiver of all civil, criminal, and administrative
liability for the nursing home.
The resident or resident’s representative must also notify the
nursing home in writing within seven days after a roommate or
roommate’s representative withdraws his or her consent for the
technology’s use.
INTERNET ACCESS
The bill requires nursing home facilities to provide residents free
internet access, electricity, and a power source for virtual monitoring
or virtual visitation technology. The nursing home must do so under
the following conditions:
1. the nursing home includes the cost of providing internet access
in cost reports that it files with DSS for Medicaid
reimbursement;
2. the cost is reimbursed to the facility if the department
determines it is eligible for reimbursement under DSS’s fair rent
rate;
3. the DSS commissioner uses any available federal funding for
COVID-19 related expenses (see BACKGROUND) to provide
nursing homes grants to make these internet infrastructure
upgrades; and
4. the nursing home may assess a prorated portion of any
unreimbursed cost of these upgrades to any private-pay
resident using this technology.
Residents may also procure their own internet. Private-pay 2021HB-06552-R010627-BA.DOCX
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residents who do so cannot be charged for the cost of the nursing
home’s internet infrastructure upgrades.
VIRTUAL MONITORING P OLICIES AND PROCEDURES
The bill authorizes nursing homes to set policies and procedures for
using virtual monitoring technology that address:
1. placement of technology devices in a conspicuously visible,
stationary location in the resident’s room or living quarters,
except for mobile phones and tablets;
2. restrictions on the technology’s use to record video or audio
outside the resident’s room or living quarters or in any shared
common space;
3. compliance with applicable federal, state, and local life, safety,
and fire protection requirements;
4. limitations on the technology’s use for virtual monitoring when
its use will interfere with resident care or privacy unless the
resident, any roommate, or their representatives consent to its
use;
5. the ability to limit the technology’s use in the event of a
disruption to the facility’s internet service; and
6. actions that the nursing home may take for a resident’s or
resident representative’s failure to comply with applicable
federal, state, and local laws or facility policy in using the
technology and the process for a resident to appeal these
actions.
IMMUNITY FROM LIABILITY
Under the bill, a nursing home is immune from any civil, criminal,
or administrative liability for:
1. violations of any individual’s privacy rights under state or
federal law caused by a resident’s use of technology; 2021HB-06552-R010627-BA.DOCX
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2. damage to the resident’s technology, including malfunction not
caused by the nursing home’s negligence; and
3. instances when the audio or video produced by the resident’s
technology is inadvertently or intentionally disclosed to, or
intercepted or used by, an unauthorized third party.
FACILITY NOTICE
The bill requires nursing homes to place a conspicuous notice:
1. at the facility’s entrance indicating that virtual monitoring or
virtual visitation technology may be in use in some resident
rooms or living quarters and
2. on the door of a resident’s room or living quarters where this
technology may be used, except for mobile phones and tablets.
NOTIFICATION AND CON SENT FORMS
The bill authorizes the long-term care ombudsman, in consultation
with DPH and nursing home representatives, to develop and provide
standard forms on its website for:
1. residents’ notice to a nursing home of their intent to install and
use virtual monitoring technology;
2. roommate consent forms for residents who wish to use virtual
monitoring technology that may capture audio or video of a
roommate; and
3. resident notice to the nursing home that a roommate has
withdrawn consent for using virtual monitoring technology.
BACKGROUND
Related Executive Order
The governor’s May 13, 2020, executive order authorizes the DSS
commissioner to distribute Coronavirus Relief Funds (CRF) the state
receives under the federal “Coronavirus Aid, Relief, and Economic
Security Act” (“CARES Act,” P.L. 116-136) to nursing homes as well as 2021HB-06552-R010627-BA.DOCX
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CRF grants of $600 per bed per day to cover necessary expenditures
incurred due to the COVID-19 pandemic.
Nursing homes must use these grants to cover necessary
expenditures incurred due to the COVID-19 pandemic and report to
DSS that the funds were used on eligible expenditures in accordance
with related federal requirements and guidance (EO 7NN, §§ 5 & 6,
May 13, 2020).
COMMITTEE ACTION
Aging Committee
Joint Favorable Substitute
Yea 16 Nay 0 (03/11/2021)