Bill Text: MI HB4867 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Health facilities; nursing homes; electronic monitoring devices in nursing homes; allow under certain circumstances and provide for penalties for noncompliance. Amends sec. 20199 of 1978 PA 368 (MCL 333.20199) & adds sec. 21788.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-06 - Bill Electronically Reproduced 08/16/2017 [HB4867 Detail]

Download: Michigan-2017-HB4867-Introduced.html

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HOUSE BILL No. 4867

 

 

August 16, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 20199 (MCL 333.20199), and by adding section

 

21788.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20199. (1) Except as otherwise provided in subsection (2)

 

or section 20142, this article, a person who violates this article

 

or a rule promulgated or an order issued under this article is

 

guilty of a misdemeanor, punishable by fine of not more than

 

$1,000.00 for each day the violation continues or, in case of for a

 

violation of sections 20551 to 20554, a fine of not more than

 

$1,000.00 for each occurrence.

 

     (2) A person who violates sections 20181 to 20184 is guilty of

 

a misdemeanor, punishable by imprisonment for not more than 6

 

months, or a fine of not more than $2,000.00, or both.

     Sec. 21788. (1) A nursing home shall permit a resident or the

 

resident's representative to monitor the resident through the use

 

of an electronic monitoring device if all of the following

 

requirements are met:

 

     (a) The monitoring is completely voluntary and is conducted at

 

the election of the resident or the resident's representative.

 

     (b) All costs of the monitoring, including, but not limited

 

to, the cost of the electronic monitoring device and its

 

installation, are paid by the resident or the resident's

 

representative.

 

     (c) The monitoring is conducted in a manner that protects the

 

privacy of other residents and visitors to the nursing home to the

 

extent reasonably possible. If a resident or the resident's

 

representative wishes to install an electronic monitoring device in

 

the resident's room, and if the resident shares the room with

 

another resident, the written consent of the other resident or his

 

or her representative must be obtained before the electronic

 

monitoring device is installed.

 

     (d) There is a notice posted on the door of the resident's

 

room stating that the room is being monitored by an electronic

 

monitoring device.

 

     (2) A nursing home shall make reasonable accommodation for

 

electronic monitoring by providing all of the following:

 

     (a) A reasonably secure place to mount the electronic

 

monitoring device.

 

     (b) Access to a power source for the electronic monitoring

 

device.

     (c) Notice to all residents of the right to install an

 

electronic monitoring device.

 

     (3) A nursing home shall not refuse to admit an individual as

 

a resident of or remove a resident from the nursing home because of

 

a request to install an electronic monitoring device.

 

     (4) A nursing home may require a resident or the resident's

 

representative who wishes to install an electronic monitoring

 

device to make the request in writing.

 

     (5) Subject to the Michigan rules of evidence, a tape or other

 

recording created by an electronic monitoring device under this

 

section is admissible in either a civil or a criminal action

 

brought in a court in this state.

 

     (6) An owner or operator or employee of a nursing home who

 

violates this section is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$2,000.00, or both.

 

     (7) An individual who willfully and without the consent of the

 

resident or the resident's representative hampers, obstructs,

 

tampers with, or destroys the resident's or representative's

 

electronic monitoring device or its film, tape, or other recording

 

medium is guilty of a misdemeanor punishable by imprisonment for

 

not more than 90 days or a fine of not more than $2,000.00, or

 

both.

 

     (8) As used in this section, "electronic monitoring device"

 

means a video surveillance camera, an audio device, a video

 

telephone, an internet video surveillance device, or a similar

 

device designed to capture the audio recordings or visual images of

its surroundings.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.