Bill Text: NY A03708 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to allowing 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.

Sponsorship: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A03708 Detail]

Download: New_York-2021-A03708-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3708

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M.  of  A.  GUNTHER, PAULIN, HUNTER, SEAWRIGHT, McMAHON,
          BUTTENSCHON, M. MILLER, HAWLEY --  Multi-Sponsored  by  --  M.  of  A.
          BARCLAY -- 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 r to read as follows:
     3    r.(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.
                                                                   LBD02452-01-1
        A. 3708                             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.