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S07190 Summary:

BILL NOS07190
 
SAME ASSAME AS A01967-B
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Amd §§4660 & 2803-c, Pub Health L
 
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.
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S07190 Text:



 
                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.
                                                                   LBD04745-04-5

        S. 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.
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