S07190 Summary:
BILL NO | S07190 |
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SAME AS | SAME AS A01967-B |
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SPONSOR | SCARCELLA-SPANTON |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§4660 & 2803-c, Pub Health L | |
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Relates to the use of electronic monitoring devices to monitor residents in assisted living residences and patients in nursing homes; requires consent from roommates to such electronic monitoring. |
S07190 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7190 2025-2026 Regular Sessions IN SENATE April 3, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Aging AN ACT to amend the public health law, in relation to the use of elec- tronic monitoring devices in the rooms of residents in assisted living residences and patients in nursing homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (o) and (p) of subdivision 3 of section 4660 of 2 the public health law, as added by chapter 2 of the laws of 2004, are 3 amended and a new paragraph (q) is added to read as follows: 4 (o) every resident shall have the right to receive visits from family 5 members and other adults of the resident's choosing without interference 6 from the assisted living residence; [and] 7 (p) every resident shall have the right to written notice of any fee 8 increase not less than forty-five days prior to the proposed effective 9 date of the fee increase, provided however providing additional services 10 to a resident shall not be considered a fee increase pursuant to this 11 paragraph[.]; and 12 (q) (i) every resident, or in the case of a resident who lacks capaci- 13 ty, such resident's lawful representative, may install, operate, and 14 maintain an electronic monitoring device in such resident's room at 15 their own expense, provided, however, that: 16 (A) such electronic monitoring device which captures picture or video 17 shall only capture picture or video of such resident's personal space; 18 (B) any roommate of such resident or the roommate's lawful represen- 19 tative shall have provided written consent for the use and installation 20 of such electronic monitoring device. If no such consent is received, no 21 electronic monitoring device may be used or installed; and 22 (C) if the electronic monitoring device captures audio, that any room- 23 mate of the resident, or such roommate's lawful representative, shall 24 have provided written consent for the use and installation of such audio EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04745-04-5S. 7190 2 1 capturing electronic monitoring device. Audio capture shall also require 2 posting of a notice in a conspicuous place advising individuals entering 3 the room that audio is being captured. 4 (ii) for the purposes of this subdivision, the following terms shall 5 have the following meanings: 6 (A) "electronic monitoring device" means a surveillance instrument 7 with a video camera or an audio recording device, or a combination ther- 8 eof, which is installed in a resident's room and transmits to a specific 9 recipient or records activity or sounds occurring in the room; and 10 (B) "resident's personal space" means the space in the resident's room 11 including and immediately surrounding the resident's bed, furniture, 12 equipment, the resident's effects and possessions, and shall not include 13 the personal space of a roommate resident or shared bathing or toilet 14 area. 15 § 2. Subdivision 3 of section 2803-c of the public health law is 16 amended by adding a new paragraph s to read as follows: 17 s. (i) Every patient in a nursing home, or in the case of a patient 18 who lacks capacity to consent, the patient's lawful representative, may 19 install, operate and maintain an electronic monitoring device in the 20 patient's room, at their own expense, provided that: 21 (A) such electronic monitoring device which captures picture or video 22 shall only capture picture or video of the patient's personal space; 23 (B) any roommate of the patient or such roommate's lawful represen- 24 tative shall have provided written consent for the use and installation 25 of such electronic monitoring device. If no such consent is received, no 26 electronic monitoring device may be used or installed; 27 (C) if the electronic monitoring device captures audio, that any room- 28 mate of the patient or such roommate's lawful representative shall have 29 provided written consent for the use or installation of such audio 30 capturing electronic monitoring device. Audio capture shall also require 31 posting of a notice in a conspicuous place advising individuals entering 32 the room that audio is being recorded; and 33 (D) a report on the installation of an electronic monitoring device 34 including all required consent received shall be maintained by the 35 facility administrator as part of the patient record. 36 (ii) For the purposes of this subdivision, the following terms shall 37 have the following meanings: 38 (A) "electronic monitoring device" means a surveillance instrument 39 with a video camera or an audio recording device, or a combination ther- 40 eof, which is installed in a patient's room and transmits to a specific 41 recipient or records activity or sounds occurring in the room; and 42 (B) "patient's personal space" means the space in the patient's room 43 including and immediately surrounding the patient's bed, furniture, 44 equipment, the patient's effects and possessions, and shall not include 45 the personal space of a roommate patient or shared bathing or toilet 46 area. 47 § 3. This act shall take effect on the thirtieth day after it shall 48 have become a law.