Health facilities: nursing homes; electronic monitoring devices in nursing homes; allow under certain circumstances. Amends secs. 21702 & 21703 of 1978 PA 368 (MCL 333.21702 & 333.21703) & adds secs. 21788, 21788a, 21788b, 21788c, 21788d, 21788e, 21788f, 21788g, 21788h & 21788i.
Impact
The enactment of SB 0717 has significant implications for state laws governing nursing homes, particularly regarding the rights of residents and their ability to monitor their care environments. Under this bill, nursing homes will be required to accommodate electronic monitoring, ensuring residents have access to the technology necessary for their peace of mind. The legislation establishes procedures and conditions for consent, including guidelines for obtaining consent from residents who may lack the capacity to understand the implications of monitoring, thereby extending protection for the most vulnerable individuals.
Summary
Senate Bill 0717 amends the Michigan Public Health Code to allow residents of nursing homes to install electronic monitoring devices in their rooms under certain conditions. The bill defines electronic monitoring as the placement and use of devices that can capture, record, or broadcast audio or video. This legislation aims to enhance the safety and oversight of vulnerable populations residing in nursing homes by giving residents a choice in monitoring their care. Residents or their representatives will need to provide consent in writing, and in cases where residents share a room, they must also secure consent from their roommate.
Contention
While the bill aims to promote transparency and security, there are potential points of contention. Concerns may arise regarding the privacy rights of not only the residents being monitored but also their roommates and healthcare providers. The bill stipulates that monitoring cannot proceed without consent, but disagreements may emerge on the definition of adequate consent, and how resident rights are balanced with privacy considerations. Furthermore, the legislation will require nursing homes to navigate complex consent scenarios, particularly when it comes to shared accommodations.
Health facilities: hospitals; use of restraint or seclusion; modify for hospitals. Amends secs. 20201 & 21734 of 1978 PA 368 (MCL 333.20201 & 333.21734) .
Consent to electronic monitoring requirements modified, retaliation in nursing homes and assisted living facilities provisions modified, membership and duties of home care and assisted living program advisory council expanded, hospice bill of rights modified, required binding arbitration agreements prohibited in assisted living contracts, medication management requirements modified, and health care agents authority to restrict visitation and communication modified.
Requires certain group homes to install electronic monitoring devices in common areas, upon request and with uniform resident consent, and to permit consensual use of such devices in private rooms.
Requires certain group homes to install electronic monitoring devices in common areas, upon request and with uniform resident consent, and to permit consensual use of such devices in private rooms.
Requires certain group homes to install electronic monitoring devices in common areas, upon request and with uniform resident consent, and to permit consensual use of such devices in private rooms.