EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0576*
HOUSE BILL 576
J3, O2 5lr2637
CF SB 465
By: The Speaker (By Request – Office of the Attorney General)
Introduced and read first time: January 23, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Health Care Facilities – Nursing Homes and Assisted Living Programs – Video 2
Recordings 3
FOR the purpose of requiring nursing homes and assisted living programs to install, 4
operate, and maintain video surveillance equipment in the common areas of the 5
facilities to detect the abuse, neglect, or exploitation of residents; requiring nursing 6
homes and assisted living programs to make available certain recorded video data to 7
law enforcement and State personnel under certain circumstances; and generally 8
relating to nursing homes and assisted living programs. 9
BY adding to 10
Article – Health – General 11
Section 19–1410.4 and 19–1815 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Health – General 17
19–1410.4. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) (I) “COMMON AREA ” MEANS A PLACE OF SHARED ACCESS 21
AVAILABLE TO RESIDEN TS WHERE THERE IS NO REASONABLE EXPECTATI ON OF 22
PRIVACY. 23
2 HOUSE BILL 576
(II) “COMMON AREA ” INCLUDES: 1
1. A DINING AREA; 2
2. A MEETING ROOM ; 3
3. A HALLWAY; 4
4. A FACILITY ENTRANCE; 5
5. AN ACTIVITY ROOM; AND 6
6. A LIVING ROOM. 7
(3) (I) “PRIVATE SPACE ” MEANS A PLACE WITHIN A NURSING 8
HOME IN WHICH A RESI DENT HAS A REASONABL E EXPECTATION OF PRI VACY. 9
(II) “PRIVATE SPACE” INCLUDES: 10
1. A BEDROOM; 11
2. A BATHROOM; 12
3. A PLACE WHERE A RESIDE NT RECEIVES MEDICAL 13
CARE OR NURSING SERV ICES; AND 14
4. A PLACE WHERE A RESIDE NT MEETS PRIVATELY W ITH 15
VISITORS. 16
(B) A NURSING HOME LICENSE D UNDER THIS SUBTITL E SHALL INSTALL , 17
OPERATE, AND MAINTAIN VIDEO S URVEILLAN CE EQUIPMENT IN THE COMMON 18
AREAS OF THE FACILIT Y FOR THE PURPOSE OF DETECTING THE ABUSE , NEGLECT, 19
OR EXPLOITATION OF R ESIDENTS. 20
(C) A NURSING HOME SHALL E NSURE THAT THE VIDEO SURVEILLANCE 21
MAINTAINED UNDER SUBSECTION (B) OF THIS SECTION: 22
(1) IS CONTINUOUS AND WITHOUT INTE RRUPTION; 23
(2) DOES NOT CAPTURE IMAG ES WITHIN A PRIVATE SPACE; AND 24
(3) COMPLIES WITH THE FED ERAL ELECTRONIC COMMUNICATIONS 25
PRIVACY ACT OF 1986 AND THE MARYLAND WIRETAP ACT. 26 HOUSE BILL 576 3
(D) (1) A NURSING HOME SHALL S TORE RECORDED VIDEO MAINTAINED 1
IN ACCORDANCE WITH S UBSECTIONS (B) AND (C) OF THIS SECTION: 2
(I) FOR A PERIOD OF 120 DAYS AFTER THE DAY ON WHI CH THE 3
VIDEO WAS RECORDED ; AND 4
(II) IN A COMMON AND ACCES SIBLE FORMAT. 5
(2) ON REQUEST, A NURSING HOME SHALL MAKE AVAILABLE ANY 6
RECORDED VIDEO DATA STORED BY THE NURSING HOME TO LAW ENFORCEMENT 7
AND STATE PERSONNEL THAT IS NECESSARY IN THE COURSE OF PERFORMING 8
THEIR OFFICIAL DUTIE S. 9
(E) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 10
SECTION. 11
19–1815. 12
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 13
INDICATED. 14
(2) (I) “COMMON AREA ” MEANS A PLACE OF SHARED ACCESS 15
AVAILABLE TO RESIDEN TS WHERE THERE IS NO REASONABLE EXPECTATI ON OF 16
PRIVACY. 17
(II) “COMMON AREA ” INCLUDES: 18
1. A DINING AREA; 19
2. A MEETING ROOM ; 20
3. A HALLWAY; 21
4. A FACILITY ENTRANCE ; 22
5. AN ACTIVITY ROOM; AND 23
6. A LIVING ROOM. 24
(3) (I) “PRIVATE SPACE ” MEANS A PLACE WITHIN AN ASSISTED 25
LIVING PROGRAM FACILITY IN WHICH A RESIDENT HAS A REASO NABLE 26
EXPECTATION OF PRIVACY. 27 4 HOUSE BILL 576
(II) “PRIVATE SPACE” INCLUDES: 1
1. A BEDROOM; 2
2. A BATHROOM; 3
3. A PLACE WHERE A RESIDE NT RECEIVES MEDICAL 4
CARE OR NURSING SERV ICES; AND 5
4. A PLACE WHERE A RESIDE NT MEETS PRIVATELY W ITH 6
VISITORS. 7
(B) AN ASSISTED LIVING PROGRAM LICENSED UNDER THIS SUBTITLE SHALL 8
INSTALL, OPERATE, AND MAINTAIN VIDEO S URVEILLANCE EQUIPMEN T IN THE 9
COMMON AREAS OF THE PROGRAM FACILITY FOR THE PUR POSE OF DETECTING TH E 10
ABUSE, NEGLECT, OR EXPLOITATION OF R ESIDENTS. 11
(C) AN ASSISTED LIVING PROGRAM SHALL ENSURE THAT TH E VIDEO 12
SURVEILLANCE MAINTAINED UNDER SUBSECTION (B) OF THIS SECTION: 13
(1) IS CONTINUOUS AND WIT HOUT INTERRUPTION ; 14
(2) DOES NOT CAPTURE IMAG ES WITHIN A PRIVATE SPACE; AND 15
(3) COMPLIES WITH THE FED ERAL ELECTRONIC COMMUNICATION S 16
PRIVACY ACT OF 1986 AND THE MARYLAND WIRETAP ACT. 17
(D) (1) AN ASSISTED LIVING PROGRAM SHALL STORE RECORDED VIDEO 18
MAINTAINED IN ACCORDANCE WITH S UBSECTIONS (B) AND (C) OF THIS SECTION: 19
(I) FOR A PERIOD OF 120 DAYS AFTER THE DAY ON WHI CH THE 20
VIDEO WAS RECORDED; AND 21
(II) IN A COMMON AND ACCES SIBLE FORMAT. 22
(2) ON REQUEST , AN ASSISTED LIVING PROGRAM SHALL MAKE 23
AVAILABLE ANY RECORDED VIDEO DATA STORED BY THE ASSISTED LIVING 24
PROGRAM TO LAW ENFORCEMENT A ND STATE PERSONNEL THAT IS NECESSARY IN 25
THE COURSE OF PERFORMING THEIR OFFICIAL DUTIE S. 26
(E) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 27
SECTION. 28 HOUSE BILL 576 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2