CT
Connecticut Senate Bill SB01030

Connecticut 2021 Regular Session

Connecticut Senate Bill SB01030 Compare Versions

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7+General Assembly Substitute Bill No. 1030
8+January Session, 2021
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4-Substitute Senate Bill No. 1030
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6-Public Act No. 21-185
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9-AN ACT CONCERNING NURSING HOMES AND DEMENTIA
10-SPECIAL CARE UNITS.
14+AN ACT CONCERNING LO NG-TERM CARE FACILITIES.
1115 Be it enacted by the Senate and House of Representatives in General
1216 Assembly convened:
1317
14-Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section
15-and sections 2 to 11, inclusive, of this act:
16-(1) "Nursing home" means any chronic and convalescent nursing
17-home or any rest home with nursing supervision that provides nursing
18-supervision under a medical director twenty-four hours per day, or any
19-chronic and convalescent nursing home that provides skilled nursing
20-care under medical supervision and direction to carry out nonsurgical
21-treatment and dietary procedures for chronic diseases, convalescent
22-stages, acute diseases or injuries; and
23-(2) "Dementia special care unit" means the unit of any assisted living
24-facility that locks, secures, segregates or provides a special program or
25-unit for residents with a diagnosis of probable Alzheimer's disease,
26-dementia or other similar disorder, in order to prevent or limit access by
27-a resident outside the designated or separated area, or that advertises or
28-markets the facility as providing specialized care or services for persons
29-suffering from Alzheimer's disease or dementia.
30-(b) Each nursing home and dementia special care unit shall employ a Substitute Senate Bill No. 1030
18+Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section 1
19+and sections 2 to 12, inclusive, of this act, "long-term care facility" means 2
20+a nursing home, as defined in section 19a-521 of the general statutes, a 3
21+residential care home, as defined in section 19a-521 of the general 4
22+statutes, a home health agency, as defined in section 19a-490 of the 5
23+general statutes, an assisted living services agency, as defined in section 6
24+19a-490 of the general statutes, an intermediate care facility for 7
25+individuals with intellectual disability, as described in 42 USC 1396d(d), 8
26+except any such facility operated by a Department of Developmental 9
27+Services' program subject to background checks pursuant to section 17a-10
28+227a of the general statutes, a chronic disease hospital, as defined in 11
29+section 19a-550 of the general statutes, or an agency providing hospice 12
30+care which is licensed to provide such care by the Department of Public 13
31+Health or certified to provide such care pursuant to 42 USC 1395x. 14
32+(b) Each long-term care facility shall employ a full-time infection 15
33+prevention and control specialist who shall be responsible for the 16
34+following: 17
35+(1) Ongoing training of all employees of the long-term care facility on 18 Substitute Bill No. 1030
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34-full-time infection prevention and control specialist who shall be
35-responsible for the following:
36-(1) Ongoing training of all administrators and employees of the
37-nursing home or dementia special care unit on infection prevention and
38-control using multiple training methods, including, but not limited to,
39-in-person training and the provision of written materials in English and
40-Spanish;
41-(2) The inclusion of information regarding infection prevention and
42-control in the documentation that the nursing home or dementia special
43-care unit provides to residents regarding their rights while in the home
44-or unit and posting of such information in areas visible to residents;
45-(3) Participation as a member of the infection prevention and control
46-committee of the nursing home or dementia special care unit and
47-reporting to such committee at its regular meetings regarding the
48-training he or she has provided pursuant to subdivision (1) of this
49-subsection;
50-(4) The provision of training on infection prevention and control
51-methods to supplemental or replacement staff of the nursing home or
52-dementia special care unit in the event an infectious disease outbreak or
53-other situation reduces the staffing levels of the home or unit; and
54-(5) Any other duties or responsibilities deemed appropriate for the
55-infection prevention and control specialist, as determined by the
56-nursing home or dementia special care unit.
57-(c) Each nursing home and dementia special care unit shall require its
58-infection and control specialist to work on a rotating schedule that
59-ensures the specialist covers each eight-hour shift at least once per
60-month for purposes of ensuring compliance with relevant infection
61-control standards. Substitute Senate Bill No. 1030
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42+infection prevention and control using multiple training methods, 19
43+including, but not limited to, in-person training and the provision of 20
44+written materials in English and Spanish; 21
45+(2) The inclusion of information regarding infection prevention and 22
46+control in the documentation that the long-term care facility provides to 23
47+residents regarding their rights while in the facility; 24
48+(3) Participation as a member of the long-term care facility's infection 25
49+prevention and control committee; and 26
50+(4) The provision of training on infection prevention and control 27
51+methods to supplemental or replacement staff of the long-term care 28
52+facility in the event an infectious disease outbreak or other situation 29
53+reduces the facility's staffing levels. 30
54+Sec. 2. (NEW) (Effective October 1, 2021) The administrative head of 31
55+each long-term care facility shall participate in the development of the 32
56+emergency plan of operations of the political subdivision of this state in 33
57+which it is located which is required pursuant to the Intrastate Mutual 34
58+Aid Compact made and entered into under section 28-22a of the general 35
59+statutes. 36
60+Sec. 3. (NEW) (Effective October 1, 2021) (a) Not later than six months 37
61+after the termination of a public health emergency declared by the 38
62+Governor pursuant to section 19a-131a of the general statutes, (1) the 39
63+Department of Public Health shall have and maintain at least a three-40
64+month stockpile of personal protective equipment, including, but not 41
65+limited to, gowns, masks, full-face shields, goggles and disposable 42
66+gloves as a barrier against infectious materials, for use by long-term care 43
67+facilities, and (2) the administrative head of each long-term care facility 44
68+shall ensure that the facility acquires from the department and 45
69+maintains at least a three-month supply of personal protective 46
70+equipment for its staff. The administrative head of each long-term care 47
71+facility shall ensure that the personal protective equipment is of various 48
72+sizes based on the needs of the facility's staff. The personal protective 49 Substitute Bill No. 1030
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65-Sec. 2. (NEW) (Effective October 1, 2021) On or before January 1, 2022,
66-the administrative head of each nursing home and each dementia
67-special care unit shall provide its emergency plan of operations to the
68-political subdivision of this state in which it is located for purposes of
69-the development of the emergency plan of operations for such political
70-subdivision of this state required pursuant to the Interstate Mutual Aid
71-Compact made and entered into under section 28-22a of the general
72-statutes.
73-Sec. 3. (NEW) (Effective October 1, 2021) (a) The administrative head
74-of each nursing home shall ensure that (1) the home maintains at least a
75-two-month supply of personal protective equipment for its staff, and (2)
76-the personal protective equipment is of various sizes based on the needs
77-of the home's staff. The personal protective equipment shall not be
78-shared amongst the home's staff and may only be reused in accordance
79-with the strategies to optimize personal protective equipment supplies
80-in health care settings published by the National Centers for Disease
81-Control and Prevention. The administrative head of each nursing home
82-shall hold fittings of his or her staff for N95 masks or higher rated masks
83-certified by the National Institute for Occupational Safety and Health,
84-at a frequency determined by the Department of Public Health.
85-(b) On or before January 1, 2022, the Department of Emergency
86-Management and Homeland Security, in consultation with the
87-Department of Public Health, shall establish a process to evaluate,
88-provide feedback on, approve and distribute personal protective
89-equipment for use by nursing homes in a public health emergency.
90-Sec. 4. (NEW) (Effective October 1, 2021) The administrative head of
91-each nursing home shall ensure that there is at least one staff member
92-or contracted professional licensed or certified to start an intravenous
93-line who is available on-call during each shift to start an intravenous
94-line. Substitute Senate Bill No. 1030
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98-Sec. 5. (NEW) (Effective October 1, 2021) Each nursing home's infection
99-prevention and control committee shall meet (1) at least monthly, and
100-(2) during an outbreak of an infectious disease, daily, provided daily
101-meetings do not cause a disruption to the operations of the nursing
102-home, in which case the committee shall meet at least weekly. The
103-prevention and control committee shall be responsible for establishing
104-infection prevention and control protocols for the nursing home and
105-monitoring the nursing home's infection prevention and control
106-specialist. Not less than annually and after every outbreak of an
107-infectious disease in the nursing home, the prevention and control
108-committee shall evaluate (A) the implementation and analyze the
109-outcome of such protocols, and (B) whether the infection prevention and
110-control specialist is satisfactorily performing his or her responsibilities
111-under subsection (b) of section 1 of this act.
112-Sec. 6. (NEW) (Effective October 1, 2021) Each nursing home shall,
113-during an outbreak of an infectious disease, test staff and residents of
114-the nursing home for the infectious disease at a frequency determined
115-by the Department of Public Health as appropriate based on the
116-circumstances surrounding the outbreak and the impact of testing on
117-controlling the outbreak.
118-Sec. 7. (NEW) (Effective October 1, 2021) On or before January 1, 2022,
119-the administrative head of each nursing home and dementia special care
120-unit shall encourage the establishment of a family council and assist in
121-any such establishment. The family council shall facilitate and support
122-open communication between the nursing home or dementia special
123-care unit and each resident's family members and friends. As used in
124-this section, "family council" means an independent, self-determining
125-group of the family members and friends of the residents of a nursing
126-home or dementia special care unit that is geared to meeting the needs
127-and interests of the residents and their family members and friends.
128-Sec. 8. (NEW) (Effective October 1, 2021) (a) On or before January 1, Substitute Senate Bill No. 1030
79+equipment (A) shall not be shared amongst the facility's staff, and (B) 50
80+may only be reused in accordance with the strategies to optimize 51
81+personal protective equipment supplies in health care settings 52
82+published by the National Centers for Disease Control and Prevention. 53
83+The administrative head of each long-term care facility shall hold 54
84+quarterly fittings of his or her staff for N95 masks or higher rated masks 55
85+certified by the National Institute for Occupational Safety and Health. 56
86+(b) On or before January 1, 2022, the Department of Emergency 57
87+Management and Homeland Security, in consultation wi th the 58
88+Department of Public Health, shall establish a process to evaluate, 59
89+provide feedback on, approve and distribute personal protective 60
90+equipment for use by long-term care facilities in a public health 61
91+emergency. 62
92+Sec. 4. (NEW) (Effective October 1, 2021) The administrative head of 63
93+each long-term care facility shall ensure that there is at least one staff 64
94+member during each shift who is licensed or certified to start an 65
95+intravenous line. 66
96+Sec. 5. (NEW) (Effective October 1, 2021) Each long-term care facility's 67
97+infection prevention and control committee shall meet (1) at least 68
98+monthly, and (2) during an outbreak of an infectious disease, daily, 69
99+provided daily meetings do not cause a disruption to the operations of 70
100+the facility, in which case the committee shall meet at least weekly. The 71
101+prevention and control committee shall be responsible for establishing 72
102+infection prevention and control protocols for the long-term care 73
103+facility. Not less than biannually and after every outbreak of an 74
104+infectious disease in the facility, the prevention and control committee 75
105+shall evaluate the implementation and analyze the outcome of such 76
106+protocols. 77
107+Sec. 6. (NEW) (Effective October 1, 2021) On or before January 1, 2022, 78
108+every administrator and supervisor of a long-term care facility shall 79
109+complete the Nursing Home Infection Preventionist Training course 80
110+produced by the National Centers for Disease Control and Prevention 81 Substitute Bill No. 1030
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132-2022, the administrative head of each nursing home shall ensure that
133-each resident's care plan includes the following:
134-(1) Measures to address the resident's social, emotional and mental
135-health needs, including, but not limited to, opportunities for social
136-connection and strategies to minimize isolation;
137-(2) Visitation protocols and any other information relevant to
138-visitation that shall be written in plain language and in a form that may
139-be reasonably understood by the resident and the resident's family
140-members and friends; and
141-(3) Information on the role of the Office of the Long-Term Care
142-Ombudsman established under section 17a-405 of the general statutes
143-including, but not limited to, the contact information for said office.
144-(b) On or before January 1, 2022, the administrative head of each
145-nursing home shall ensure that its staff is educated regarding (1) best
146-practices for addressing the social, emotional and mental health needs
147-of residents, and (2) all components of person-centered care.
148-Sec. 9. (Effective from passage) On or before October 1, 2021, the Public
149-Health Preparedness Advisory Committee established pursuant to
150-section 19a-131g of the general statutes shall amend the plan for
151-emergency responses to a public health emergency prepared pursuant
152-to said section to include a plan for emergency responses to a public
153-health emergency in relation to nursing homes and dementia special
154-care units and providers of community-based services to residents of
155-such homes and units.
156-Sec. 10. (NEW) (Effective October 1, 2021) (a) On or before January 1,
157-2022, the Department of Public Health shall (1) establish minimum
158-staffing level requirements for nursing homes of three hours of direct
159-care per resident per day, and (2) modify staffing level requirements for
160-social work and recreational staff of nursing homes such that the Substitute Senate Bill No. 1030
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117+in collaboration with the Centers for Medicare and Medicaid Services. 82
118+Sec. 7. (NEW) (Effective October 1, 2021) Each long-term care facility 83
119+shall, during an outbreak of an infectious disease, test staff and residents 84
120+of the facility for the infectious disease at a frequency determined by the 85
121+Department of Public Health as appropriate based on the circumstances 86
122+surrounding the outbreak and the impact of testing on controlling the 87
123+outbreak. 88
124+Sec. 8. (NEW) (Effective October 1, 2021) On or before January 1, 2022, 89
125+the administrative head of each long-term care facility shall facilitate the 90
126+establishment of a family council to encourage and support open 91
127+communication between the facility and each resident's family members 92
128+and friends. As used in this section, "family council" means an 93
129+independent, self-determining group of the family members and friends 94
130+of a long-term care facility's residents that is geared to meeting the needs 95
131+and interests of the residents and their family members and friends. 96
132+Sec. 9. (NEW) (Effective October 1, 2021) (a) On or before January 1, 97
133+2022, the administrative head of each long-term care facility shall (1) 98
134+ensure that each resident's care plan addresses (A) the resident's 99
135+potential for isolation, ability to interact with family members and 100
136+friends and risk for depression, (B) how the resident's social and 101
137+emotional needs will be met, and (C) measures to ensure that the 102
138+resident has regular opportunities for in-person and virtual visitation, 103
139+(2) disclose the facility's visitation protocols, any changes to such 104
140+protocols and any other information relevant to visitation in a form and 105
141+manner that is easily accessible to residents and their family members 106
142+and friends, (3) advise residents and their family members and friends 107
143+of their right to seek redress with the Office of the Long-Term Care 108
144+Ombudsman under section 17a-410 of the general statutes when the 109
145+resident or a family member or friend of the resident believes the facility 110
146+has not complied with its visitation protocols, and (4) establish a 111
147+timeline by which the facility will ensure the safe and prompt 112
148+reinstatement of visitation following the termination of the public health 113
149+emergency declared by the Governor in response to the COVID-19 114 Substitute Bill No. 1030
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164-requirements (A) for social work are one full-time social worker per
165-sixty residents, and (B) for recreational staff are lower than the current
166-requirements, as deemed appropriate by the Commissioner of Public
167-Health.
168-(b) The commissioner shall adopt regulations in accordance with the
169-provisions of chapter 54 of the general statutes that set forth nursing
170-home staffing level requirements to implement the provisions of this
171-section.
172-Sec. 11. (Effective from passage) The Department of Public Health shall
173-seek any federal or state funds available for improvements to the
174-infrastructure of nursing homes in the state. Not later than January 1,
175-2022, the Commissioner of Public Health shall report, in accordance
176-with the provisions of section 11-4a of the general statutes, regarding
177-the commissioner's success in accessing such federal or state funds
178-available for infrastructure improvement to the joint standing
179-committee of the General Assembly having cognizance of matters
180-relating to public health.
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156+pandemic and a program to monitor compliance with such timeline. As 115
157+used in this section "COVID-19" means the respiratory disease 116
158+designated by the World Health Organization on February 11, 2020, as 117
159+coronavirus 2019, and any related mutation thereof recognized by the 118
160+World Health Organization as a communicable respiratory disease. 119
161+(b) On or before January 1, 2022, the administrative head of each long-120
162+term care facility shall ensure that its staff is educated regarding (1) best 121
163+practices for addressing the social, emotional and mental health needs 122
164+of residents, and (2) all components of person-centered care. 123
165+Sec. 10. (NEW) (Effective October 1, 2021) On or before January 1, 2022, 124
166+the Department of Public Health shall establish an essential caregiver 125
167+program for implementation by each long-term care facility. The 126
168+program shall (1) set forth visitation requirements for essential 127
169+caregivers of long-term care facility residents, and (2) require the same 128
170+infection prevention and control training and testing standards for an 129
171+essential caregiver of a resident of the facility that are required for the 130
172+facility's staff. As used in this section "essential caregiver" means a 131
173+person deemed critical, as determined by a long-term care facility, to the 132
174+daily care and emotional well-being of a resident of the facility. 133
175+Sec. 11. (Effective from passage) On or before October 1, 2021, the Public 134
176+Health Preparedness Advisory Committee established pursuant to 135
177+section 19a-131g of the general statutes shall amend the plan for 136
178+emergency responses to a public health emergency prepared pursuant 137
179+to said section to include a plan for emergency responses to a public 138
180+health emergency in relation to long-term care facilities and providers 139
181+of community-based services to residents of such facilities. 140
182+Sec. 12. (NEW) (Effective from passage) (a) On and after July 1, 2021, 141
183+each long-term care facility shall permit a resident to use a 142
184+communication device, including a cellular phone, tablet or computer, 143
185+in his or her room, in accordance with the requirements established 144
186+under subsection (b) of this section, to remain connected with their 145
187+family members and friends and to facilitate the participation of a 146 Substitute Bill No. 1030
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194+resident's family caregiver as a member of the resident's care team. 147
195+(b) On or before June 30, 2021, the Commissioner of Public Health 148
196+shall (1) establish requirements regarding the use of communication 149
197+devices by long-term care facility residents under subsection (a) of this 150
198+section to ensure the privacy of other long-term care facility residents, 151
199+and (2) communicate such requirements to each long-term care facility. 152
200+Sec. 13. (NEW) (Effective October 1, 2021) (a) As used in this section, 153
201+"nursing home" means (1) any chronic and convalescent nursing home 154
202+or any rest home with nursing supervision that provides nursing 155
203+supervision under a medical director twenty-four hours per day, or (2) 156
204+any chronic and convalescent nursing home that provides skilled 157
205+nursing care under medical supervision and direction to carry out 158
206+nonsurgical treatment and dietary procedures for chronic diseases, 159
207+convalescent stages, acute diseases or injuries. 160
208+(b) On or before January 1, 2022, the Department of Public Health 161
209+shall (1) establish minimum staffing level requirements for nursing 162
210+homes of at least four and one-tenth hours of direct care per resident per 163
211+day, including three and three-quarter hours of care by a registered 164
212+nurse, fifty-four hundredth hours of care by a licensed practical nurse 165
213+and two and eighty-one hundredth hours of care by a certified nurse's 166
214+assistant, (2) modify staffing level requirements for social work and 167
215+recreational staff of nursing homes such that the requirements are lower 168
216+than the current requirements, as deemed appropriate by the 169
217+Commissioner of Public Health, and (3) eliminate the distinction 170
218+between a chronic and convalescent nursing home and a rest home, as 171
219+defined in section 19a-490 of the general statutes, as such distinction 172
220+relates to nursing supervision, for purposes of establishing a single, 173
221+minimum direct staffing level requirement for all nursing homes. 174
222+(c) On and after January 1, 2022, each nursing home shall offer its staff 175
223+the option to work twelve-hour shifts. 176
224+(d) The commissioner shall adopt regulations in accordance with the 177 Substitute Bill No. 1030
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231+provisions of chapter 54 of the general statutes that set forth nursing 178
232+home staffing level requirements to implement the provisions of this 179
233+section. 180
234+Sec. 14. (NEW) (Effective October 1, 2021) (a) For purposes of this 181
235+section: (1) "Ombudsman" means the Office of the Long-Term Care 182
236+Ombudsman established pursuant to section 17a-405 of the general 183
237+statutes; (2) "electronic monitoring" means the placement and use of an 184
238+electronic monitoring device by a nonverbal resident or his or her 185
239+resident representative in the resident's room or private living unit in 186
240+accordance with this section; (3) "electronic monitoring device" means a 187
241+camera or other device that captures, records or broadcasts audio, video, 188
242+or both, and may offer two-way communication over the Internet that 189
243+is placed in a nonverbal resident's room or private living unit and is 190
244+used to monitor the nonverbal resident or activities in the room or 191
245+private living unit; (4) "nursing home facility" has the same meaning as 192
246+provided in section 19a-490 of the general statutes; (5) "nonverbal 193
247+resident" means a resident of a nursing home facility who is unable to 194
248+verbally communicate due to physical or mental conditions, including, 195
249+but not limited to, Alzheimer's disease and dementia; and (6) "resident 196
250+representative" means (A) a court-appointed guardian, (B) a health care 197
251+representative appointed pursuant to section 19a-575a of the general 198
252+statutes, or (C) a person who is not an agent of the nursing home facility 199
253+and who is designated in a written document signed by the nonverbal 200
254+resident and included in the resident's records on file with the nursing 201
255+home facility. 202
256+(b) A nonverbal resident or his or her resident representative may 203
257+install an electronic monitoring device in the resident's room or private 204
258+living unit provided: (1) The purchase, installation, maintenance, 205
259+operation and removal of the device is at the expense of the resident, (2) 206
260+the resident and any roommate of the resident, or the respective resident 207
261+representatives, sign a written consent form pursuant to subsection (c) 208
262+of this section, (3) the resident or his or her resident representative 209
263+places a clear and conspicuous note on the door of the room or private 210 Substitute Bill No. 1030
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270+living unit that the room or private living area is subject to electronic 211
271+monitoring, and (4) the consent form is filed with the nursing home 212
272+facility not less than seven days before installation of the electronic 213
273+monitoring device except as provided in subsection (e) of this section. 214
274+(c) No electronic monitoring device shall be installed in a nonverbal 215
275+resident's room or living unit unless the resident and any roommate of 216
276+the resident, or a resident representative, has signed a consent form that 217
277+includes, but is not limited to: 218
278+(1) (A) The signed consent of the nonverbal resident and any 219
279+roommate of the resident; or (B) the signed consent of a resident 220
280+representative of the nonverbal resident or roommate if the nonverbal 221
281+resident or roommate lacks the physical or mental capacity to sign the 222
282+form. If a resident representative signs the consent form, the form must 223
283+document the following: 224
284+(i) The date the nonverbal resident or any roommate was asked if the 225
285+resident or roommate wants electronic monitoring to be conducted; 226
286+(ii) Who was present when the nonverbal resident or roommate was 227
287+asked if he or she consented to electronic monitoring; 228
288+(iii) An acknowledgment that the nonverbal resident or roommate 229
289+did not affirmatively object to electronic monitoring; and 230
290+(iv) The source of the authority allowing the resident representative 231
291+of the nonverbal resident or roommate to sign the consent form on 232
292+behalf of the nonverbal roommate or resident. 233
293+(2) A waiver of liability for the nursing home facility for any breach 234
294+of privacy involving the nonverbal resident's use of an electronic 235
295+monitoring device, unless such breach of privacy occurred because of 236
296+unauthorized use of the device or a recording made by the device by 237
297+nursing home facility staff. 238
298+(3) The type of electronic monitoring device to be used. 239 Substitute Bill No. 1030
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305+(4) A list of conditions or restrictions that the nonverbal resident or 240
306+any roommate of the resident may elect to place on the use of the 241
307+electronic monitoring device, including, but not limited to: (A) 242
308+Prohibiting audio recording, (B) prohibiting video recording, (C) 243
309+prohibiting broadcasting of audio or video, (D) turning off the electronic 244
310+monitoring device or blocking the visual recording component of the 245
311+electronic monitoring device for the duration of an exam or procedure 246
312+by a health care professional, (E) turning off the electronic monitoring 247
313+device or blocking the visual recording component of the electronic 248
314+monitoring device while the nonverbal resident or any roommate of the 249
315+resident is dressing or bathing, and (F) turning off the electronic 250
316+monitoring device for the duration of a visit with a spiritual advisor, 251
317+ombudsman, attorney, financial planner, intimate partner or other 252
318+visitor to the nonverbal resident or roommate of the resident. 253
319+(5) An acknowledgment that the nonverbal resident, roommate or the 254
320+respective resident representative shall be responsible for operating the 255
321+electronic monitoring device in accordance with the conditions and 256
322+restrictions listed in subdivision (4) of this subsection unless the 257
323+resident, roommate or the respective resident representative have 258
324+signed a written agreement with the nursing home facility under which 259
325+nursing home facility staff operate the electronic monitoring device for 260
326+this purpose. Such agreement may contain a waiver of liability for the 261
327+nursing home facility related to the operation of the device by nursing 262
328+home facility staff. 263
329+(6) A statement of the circumstances under which a recording may be 264
330+disseminated. 265
331+(7) A signature box for documenting that the nonverbal resident or 266
332+roommate of the resident, or the respective resident representative, has 267
333+consented to electronic monitoring or withdrawn consent. 268
334+(d) The ombudsman, within available appropriations, shall make 269
335+available on the ombudsman's Internet web site a downloadable copy 270
336+of a standard form containing all of the provisions required under 271 Substitute Bill No. 1030
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343+subsection (c) of this section. Nursing home facilities shall (1) make the 272
344+consent form available to nonverbal residents and inform such residents 273
345+and the respective resident representatives of their option to conduct 274
346+electronic monitoring of their rooms or private living units, (2) maintain 275
347+a copy of the consent form in the nonverbal resident's records, and (3) 276
348+place a notice in a conspicuous place near the entry to the nursing home 277
349+facility stating that some rooms and living areas may be subject to 278
350+electronic monitoring. 279
351+(e) Notwithstanding subdivision (4) of subsection (b) of this section, 280
352+a nonverbal resident or his or her resident representative may install an 281
353+electronic monitoring device without submitting the consent form to a 282
354+nursing home facility if: (1) The nonverbal resident or the resident 283
355+representative (A) reasonably fears retaliation against the nonverbal 284
356+resident by the nursing home facility for recording or reporting alleged 285
357+abuse or neglect of the resident by nursing home facility staff, (B) 286
358+submits a completed consent form to the ombudsman, and (C) submits 287
359+a report to the ombudsman, the Commissioner of Social Services, the 288
360+Commissioner of Public Health or appropriate law enforcement agency, 289
361+with evidence from an electronic monitoring device that suspected 290
362+abuse or neglect of the nonverbal resident has occurred; (2) (A) the 291
363+nursing home facility has failed to respond for more than two business 292
364+days to a written communication from the nonverbal resident or his or 293
365+her resident representative about a concern that prompted the resident's 294
366+desire for installation of an electronic monitoring device, and (B) the 295
367+nonverbal resident or his or her resident representative has submitted a 296
368+consent form to the ombudsman; or (3) (A) the nonverbal resident or his 297
369+or her resident representative has already submitted a report to the 298
370+ombudsman, Commissioner of Social Services, Commissioner of Public 299
371+Health or appropriate law enforcement agency regarding concerns 300
372+about the nonverbal resident's safety or well-being that prompted the 301
373+resident's desire for electronic monitoring, and (B) the nonverbal 302
374+resident or his or her resident representative has submitted a consent 303
375+form to the ombudsman. 304 Substitute Bill No. 1030
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382+(f) If a nonverbal resident is conducting electronic monitoring and a 305
383+new roommate moves into the room or living unit, the nonverbal 306
384+resident shall cease use of the electronic monitoring device unless and 307
385+until the new roommate signs the consent form and the nonverbal 308
386+resident or his or her resident representative files the completed form 309
387+with the roommate's consent to electronic monitoring with the nursing 310
388+home facility. If any roommate of a nonverbal resident wishing to use 311
389+electronic monitoring refuses to sign the consent form, the nursing home 312
390+facility shall reasonably accommodate the nonverbal resident's request 313
391+to move into a private room or a room with a roommate who has agreed 314
392+to consent to such monitoring, if available, not later than thirty days 315
393+after the request. The nonverbal resident requesting the accommodation 316
394+shall pay any difference in price if the new room is more costly than the 317
395+resident's previous room. 318
396+(g) Subject to applicable rules of evidence and procedure, any video 319
397+or audio recording created through electronic monitoring under this 320
398+section may be admitted into evidence in a civil, criminal or 321
399+administrative proceeding. 322
400+This act shall take effect as follows and shall amend the following
401+sections:
402+
403+Section 1 October 1, 2021 New section
404+Sec. 2 October 1, 2021 New section
405+Sec. 3 October 1, 2021 New section
406+Sec. 4 October 1, 2021 New section
407+Sec. 5 October 1, 2021 New section
408+Sec. 6 October 1, 2021 New section
409+Sec. 7 October 1, 2021 New section
410+Sec. 8 October 1, 2021 New section
411+Sec. 9 October 1, 2021 New section
412+Sec. 10 October 1, 2021 New section
413+Sec. 11 from passage New section
414+Sec. 12 from passage New section
415+Sec. 13 October 1, 2021 New section
416+Sec. 14 October 1, 2021 New section
417+ Substitute Bill No. 1030
418+
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426+PH Joint Favorable Subst.
427+APP Joint Favorable
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