Virginia 2026 Regular Session

Virginia Senate Bill SB409

Introduced
1/13/26  
Refer
1/13/26  
Report Pass
2/13/26  
Engrossed
2/16/26  
Refer
2/19/26  
Report Pass
2/26/26  
Enrolled
3/9/26  
Chaptered
4/8/26  

Caption

Assisted living facilities; electronic monitoring in resident rooms.

Impact

The implementation of SB409 is expected to enhance the rights of residents in assisted living facilities by granting them more control over the monitoring of their living environment. The bill stipulates that facilities cannot refuse admission or discharge residents based solely on their request for electronic monitoring. By doing so, it aims to provide a higher level of safety and security for residents, potentially alleviating concerns regarding the quality of care and oversight in these facilities. Healthcare providers will also be required to adopt new policies in line with the new legislation to support its effective execution.

Summary

SB409 is legislation introduced to amend the Code of Virginia regarding assisted living facilities, specifically addressing the protocols for electronic monitoring in resident rooms. The bill allows for electronic monitoring devices, such as surveillance cameras and audio recording devices, to be installed in a resident's room under specified conditions. Consent for such monitoring must be obtained from the resident or their legal representative, ensuring that electronic monitoring is permissible only when appropriately authorized. Additionally, the bill outlines circumstances under which monitoring can occur, including requirements for roommate consent and compliance with privacy laws.

Sentiment

General sentiment around SB409 appears to be supportive among advocates for resident rights and safety. Proponents argue that the introduction of electronic monitoring can provide essential oversight that protects residents from neglect or abuse, while also giving families greater peace of mind. However, some concerns have been raised regarding privacy implications and the potential for electronic monitoring to be misused. Critics suggest that while monitoring might enhance safety, it could also infringe upon the personal privacy of residents, creating an environment of surveillance that may not be appropriate for all families.

Contention

Debate around SB409 is centered on balancing the benefits of electronic monitoring with concerns about privacy. While the intention is to protect residents, there are worries that unauthorized or poorly managed monitoring could lead to breaches of confidentiality and interpersonal trust among residents and staff. The bill also addresses liability issues for assisted living facilities by stating they won't be responsible for data breaches related to monitoring devices, which may lead to further discussions about accountability and the ethical implications of surveillance in care settings. Consequently, SB409 emphasizes the importance of properly drafted regulations that will ultimately govern how electronic monitoring is used in assisted living facilities.

Companion Bills

No companion bills found.

Previously Filed As

VA SB661

Nursing facilities; electronic monitoring in resident rooms.

VA SB821

Nursing facilities; use of electronic monitoring devices in resident rooms.

VA SB1153

Social Services, Department of; appointment of receiver for assisted living facilities.

VA HB2054

Affordable housing; application for special use permit for assisted living facilities.

VA HB1893

State plan for medical assistance services; recovery residences; work group; report.

VA HB20

Photo speed monitoring devices; location.

VA HB1927

Department of Medical Assistance Services; remote monitoring services for pregnant and postpartum patients; reimbursement.

VA HB2047

Virginia Residential Landlord and Tenant Act; algorithmic pricing devices, report.

VA HB886

Certified nursing facilities; administrative sanctions, facilities subject to minimum standards.

VA HB1894

State correctional facilities; cell and facility conditions, temperature monitoring.

Similar Bills

AZ HB2784

Electronic monitoring; health care facilities

AZ SB1041

appropriation; Arizona trail fund

AZ HB2914

electronic monitoring; health care facilities

NJ A805

Requires nursing homes to permit use of electronic monitoring devices at request of resident.

VA SB661

Nursing facilities; electronic monitoring in resident rooms.

VA SB821

Nursing facilities; use of electronic monitoring devices in resident rooms.

MI SB0412

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.

KY HB491

AN ACT relating to long-term care facilities.