Senate File 2073 - Introduced SENATE FILE 2073 BY DE WITT A BILL FOR An Act relating to electronic monitoring in long-term care 1 facilities, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5590XS (4) 90 pf/ko
S.F. 2073 Section 1. NEW SECTION . 135S.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. Assisted living program means the same as defined in 4 section 231C.2. 5 2. Department means the department of inspections, 6 appeals, and licensing. 7 3. Electronic monitoring means the placement of one or 8 more electronic monitoring devices in the room of a long-term 9 care facility resident. 10 4. Electronic monitoring device or device means a 11 surveillance instrument used to broadcast or record activity 12 or sound occurring in a room, including a video surveillance 13 camera or an audio device designed to acquire communications or 14 other sounds occurring in the room, but not to intercept wire 15 or electronic communications. 16 5. Health care facility means a health care facility as 17 defined in section 135C.1. 18 6. Legal representative means, in order of priority, 19 an attorney in fact under a durable power of attorney for 20 health care pursuant to chapter 144B or, if no durable power 21 of attorney for health care has been executed pursuant to 22 chapter 144B or if the attorney in fact is unavailable, a legal 23 guardian appointed pursuant to chapter 232D or 633. 24 7. Long-term care facility means a health care facility 25 or an assisted living program. 26 8. Resident means the resident of a health care facility 27 or a tenant of an assisted living program. 28 9. Residents room means a room in a long-term care 29 facility that is used as a residents private living quarters. 30 10. Roommate means, in a multiresident room, any resident 31 who uses the room as the residents private living quarters. 32 Sec. 2. NEW SECTION . 135S.2 Long-term care facility 33 electronic monitoring penalties. 34 1. A resident may conduct electronic monitoring in the 35 -1- LSB 5590XS (4) 90 pf/ko 1/ 6
S.F. 2073 residents room subject to the requirements of this section. 1 2. A resident, or the residents legal representative, 2 who wishes to conduct electronic monitoring, shall notify the 3 long-term care facility on a form prescribed by the department. 4 Such form shall be maintained in the residents file at the 5 long-term care facility and shall require the resident, or the 6 residents legal representative, to do all of the following: 7 a. Release the long-term care facility from any civil 8 liability for a violation of the residents privacy rights in 9 connection with the use of the electronic monitoring device. 10 b. If the electronic monitoring device is a video 11 surveillance camera, choose whether the camera will always be 12 unobstructed, or will be obstructed in specified circumstances 13 to protect the dignity of a resident. 14 c. If the resident resides in a multiresident room, obtain 15 the consent of any roommate on a form prescribed by the 16 department. The long-term care facility shall provide a copy 17 of the completed form to the resident, any roommate, and the 18 department. 19 3. A long-term care facility shall make reasonable physical 20 accommodations for electronic monitoring, including all of the 21 following: 22 a. Providing a reasonably secure place to mount the 23 electronic monitoring device. 24 b. Providing access to appropriate power sources for the 25 electronic monitoring device. 26 c. Making reasonable accommodations if a resident in a 27 multiresident room wishes to conduct electronic monitoring 28 pursuant to this section and any roommate does not consent 29 to the monitoring, including offering to move the resident 30 who wishes to conduct electronic monitoring to another 31 multiresident room that is available or becomes available, and 32 in which any roommate will consent to electronic monitoring. 33 d. Making reasonable accommodations before moving a 34 prospective roommate who does not consent to electronic 35 -2- LSB 5590XS (4) 90 pf/ko 2/ 6
S.F. 2073 monitoring into a multiresident room with a resident who wants 1 to conduct electronic monitoring. 2 4. A resident who is actively conducting electronic 3 monitoring shall remove or disable the electronic monitoring 4 device and obtain consent from any new roommate before the 5 resident resumes electronic monitoring. If a new roommate 6 does not consent to electronic monitoring and the resident 7 conducting the electronic monitoring does not remove or disable 8 the electronic monitoring device, the long-term care facility 9 may remove or disable the device and shall return the device to 10 the resident or the residents legal representative. 11 5. Consent may be withdrawn by the resident, the residents 12 legal representative, or any roommate at any time. The 13 withdrawal of consent shall be documented in the residents and 14 any roommates record and a copy of the withdrawal of consent 15 shall be provided to the department. If a roommate withdraws 16 consent and the resident conducting the electronic monitoring 17 does not remove or disable the electronic monitoring device, 18 the long-term care facility may remove or disable the device 19 and shall return the device to the resident or the residents 20 legal representative. 21 6. A resident, or the residents legal representative, 22 shall pay all costs associated with installing and maintaining 23 an electronic monitoring device authorized under this section. 24 7. A long-term care facility may require the resident, or 25 the residents legal representative, to place a sign near the 26 entrance of the residents room that states the room contains 27 an electronic monitoring device. 28 8. If electronic monitoring is conducted, the long-term 29 care facility may require the resident, or the residents legal 30 representative, to conduct the electronic monitoring in plain 31 view. 32 9. Upon or before admission to a long-term care facility, a 33 prospective resident shall complete and sign a form prescribed 34 by the department, which, after the residents admission, shall 35 -3- LSB 5590XS (4) 90 pf/ko 3/ 6
S.F. 2073 be maintained in the residents file at the long-term care 1 facility. The form shall state all of the following: 2 a. That a person who places an electronic monitoring device 3 in a residents room in violation of this section, or discloses 4 a recording made by such device, may be civilly liable for any 5 unlawful violation of the privacy rights of another person. 6 b. That a resident, or the residents legal representative, 7 is entitled to conduct electronic monitoring in compliance with 8 this section. 9 c. The basic procedures required to obtain authorization for 10 electronic monitoring in a residents room. 11 d. Who may request electronic monitoring. 12 e. Who may consent to electronic monitoring. 13 f. Restrictions that a resident may elect to place on 14 electronic monitoring conducted in the residents room, 15 including but not limited to any of the following: 16 (1) Prohibiting video recording. 17 (2) Prohibiting audio recording. 18 (3) Turning off the device or blocking the visual recording 19 component of the device during an examination or procedure 20 administered by a health care professional. 21 (4) Turning off the device or blocking the visual recording 22 component of the device while the resident is dressing or 23 bathing. 24 (5) Turning off the device or blocking the visual recording 25 component of the device during a residents visit with a 26 spiritual adviser, ombudsman, attorney, financial planner, 27 intimate partner, or other visitor. 28 g. Any other information related to electronic monitoring 29 that the department deems necessary or appropriate to include 30 on such form. 31 10. A court or state agency shall not admit into evidence or 32 consider during any proceeding any tape or recording created 33 using an electronic monitoring device in a residents room in a 34 long-term care facility, whether or not authorized under this 35 -4- LSB 5590XS (4) 90 pf/ko 4/ 6
S.F. 2073 section, or take or authorize any action based on such tape or 1 recording, unless both of the following apply: 2 a. If the tape or recording is a video tape or recording, 3 the tape or recording shows the time and date when the events 4 shown on the tape or recording occurred. 5 b. The contents of the tape or recording have not been 6 edited or artificially enhanced. 7 11. a. A person shall not knowingly hinder, obstruct, 8 tamper with, or destroy, without the consent of the resident 9 or the residents legal representative who authorized the 10 electronic monitoring, an electronic monitoring device 11 installed and maintained in a residents room in accordance 12 with this section. 13 b. A person shall not knowingly hinder, obstruct, tamper 14 with, or destroy, without the consent of the resident or the 15 residents legal representative who authorized the electronic 16 monitoring, a video or audio recording obtained in accordance 17 with this section. 18 12. A long-term care facility shall not refuse to admit 19 a prospective resident, discharge a resident, or otherwise 20 retaliate against a resident based on the prospective resident 21 or resident consenting to or conducting electronic monitoring. 22 13. The department may adopt rules pursuant to chapter 17A 23 to administer this section. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanations substance by the members of the general assembly. 27 This bill relates to electronic monitoring in long-term care 28 facilities. 29 The bill defines electronic monitoring, electronic 30 monitoring device, legal representative, and long-term care 31 facility. 32 Under the bill, a resident may conduct electronic monitoring 33 in the residents room subject to the requirements of the bill. 34 The requirements include notifying the long-term care facility 35 -5- LSB 5590XS (4) 90 pf/ko 5/ 6
S.F. 2073 (facility) prior to utilizing electronic monitoring; releasing 1 the facility from any civil liability for a violation of a 2 residents privacy rights in connection with the use of the 3 electronic monitoring device (device); choosing whether the 4 camera of the device will always be unobstructed or will be 5 obstructed in specified circumstances to protect the dignity 6 of a resident; obtaining consent of any roommate; reasonable 7 physical accommodations by the facility for electronic 8 monitoring and accommodations for residents and roommates of 9 a multiresident room; providing for withdrawal of consent to 10 electronic monitoring at any time; responsibility for payment 11 of all costs associated with installing and maintaining the 12 device; signage; and consent and other forms to be completed by 13 a resident, roommate, or legal representative. 14 The bill prohibits a court or state agency from admitting 15 into evidence or considering during any proceeding any tape or 16 recording created using a device in a residents room, whether 17 or not authorized under the bill, or from taking or authorizing 18 any action based on such tape or recording, unless the tape or 19 recording shows the time and date when the events shown on the 20 tape or recording occurred, and the contents of the tape or 21 recording have not been edited or artificially enhanced. 22 The bill prohibits a person from knowingly hindering, 23 obstructing, tampering with, or destroying, without the consent 24 of the resident or the residents legal representative, a 25 device installed and maintained in a residents room or a video 26 or audio recording obtained in accordance with the bill. 27 The bill prohibits a facility from refusing to admit a 28 prospective resident, discharging a resident, or otherwise 29 retaliating against a resident based on the prospective 30 resident or resident consenting to or conducting electronic 31 monitoring. 32 The bill authorizes the department of inspections, appeals, 33 and licensing to adopt administrative rules to administer the 34 bill. 35 -6- LSB 5590XS (4) 90 pf/ko 6/ 6