EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 465
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CF 5lr2637
By: The President (By Request – Office of the Attorney General)
Introduced and read first time: January 21, 2025
Assigned to: Finance
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 ARE A” MEANS A PLACE OF SHA RED ACCESS 21
AVAILABLE TO RESIDEN TS WHERE THERE IS NO REASONABLE EXPECTATI ON OF 22
PRIVACY. 23
2 SENATE BILL 465
(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 RESIDENT REC EIVES 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 URVEILLANCE EQUIPMEN T IN THE COMMO N 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 SUB SECTION (B) OF THIS SECTION: 22
(1) IS CONTINUOUS AND WIT HOUT INTERRUPT ION; 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 SENATE BILL 465 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 O N WHICH 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 F OLLOWING WORDS HA VE THE MEANINGS 13
INDICATED. 14
(2) (I) “COMMON AREA ” MEANS A PLACE OF SHA RED 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 FACIL ITY IN WHICH A RESID ENT HAS A REASONABLE 26
EXPECTATION OF PRIVA CY. 27 4 SENATE BILL 465
(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 PR OGRAM 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 PURPOSE OF DETEC TING THE 10
ABUSE, NEGLECT, OR EXPLOITATION OF R ESIDENTS. 11
(C) AN ASSISTED LIVING PR OGRAM SHALL ENSURE T HAT THE VIDEO 12
SURVEILLANCE MAINTAINED UND ER 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 COMMUNICATIONS 16
PRIVACY ACT OF 1986 AND THE MARYLAND WIRETAP ACT. 17
(D) (1) AN ASSISTED LIVING PR OGRAM SHALL STORE RE CORDED VIDEO 18
MAINTAINED IN ACCORD ANCE WITH SUBSECTION S (B) AND (C) OF THIS SECTION: 19
(I) FOR A PERIOD OF 120 DAYS AFTER THE DAY O N WHICH THE 20
VIDEO WAS RECORDED ; AND 21
(II) IN A COMMON AND ACCES SIBLE FORMAT. 22
(2) ON REQUEST , AN ASSISTED LIVING P ROGRAM SHALL MAKE 23
AVAILABLE ANY RECORD ED VIDEO DATA STORED BY THE ASSISTED LIVI NG 24
PROGRAM TO LAW ENFOR CEMENT AND STATE PERSONNEL THAT IS NECESSARY IN 25
THE COURSE OF PERFOR MING THEIR OFFICIAL DUTIES. 26
(E) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 27
SECTION. 28 SENATE BILL 465 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2