Allows a nursing home patient, or his or her representative, to install, operate and maintain, at his or her own expense, an electronic monitoring device in his or her room.
STATE OF NEW YORK
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4616
2023-2024 Regular Sessions
IN ASSEMBLY
February 17, 2023
___________
Introduced by M. of A. GUNTHER, PAULIN, HUNTER, SEAWRIGHT, McMAHON,
BUTTENSCHON, HAWLEY, LAVINE -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to authorizing a
nursing home patient to install, operate and maintain an electronic
monitoring device in his or her room
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 2803-c of the public health law is
2 amended by adding a new paragraph s to read as follows:
3 s. (i) Subject to regulations promulgated by the commissioner, every
4 patient, or in the case of a patient who lacks capacity to consent, the
5 patient's lawful representative, shall have the right, at his or her own
6 expense, to install, operate and maintain an electronic monitoring
7 device in the patient's room, provided that:
8 (A) the electronic monitoring device shall only capture picture or
9 video of the patient's personal space;
10 (B) audio capture shall require written consent from all roommate
11 patients, or their lawful representatives, whose privacy may reasonably
12 be affected; if no such consent is received, the electronic monitoring
13 device shall only capture picture or silent video; and
14 (C) A report on the installation of an electronic monitoring device
15 including all required consent received shall be maintained by the
16 facility administrator as part of the patient record.
17 (ii) For the purposes of this section, the following terms shall have
18 the following meanings:
19 (A) "electronic monitoring device" means a surveillance instrument
20 with a video camera or an audio recording device, or a combination ther-
21 eof, which is installed in a patient's room and transmits to a specific
22 recipient or records activity or sounds occurring in the room; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03057-02-3
A. 4616 2
1 (B) "patient's personal space" means the space in the the patient's
2 room including and immediately surrounding the patient's bed, furniture,
3 equipment the patient's effects and possessions, and shall not include
4 the personal space of a roommate patient.
5 § 2. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law. Effective immediately, the addition, amend-
7 ment and/or repeal of any rule or regulation necessary for the implemen-
8 tation of this act on its effective date are authorized to be made and
9 completed on or before such effective date.
