Bill Text: NY A10151 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the use of electronic monitoring devices to monitor residents in assisted living residences; requires consent from resident roommates to such electronic monitoring.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-20 - print number 10151a [A10151 Detail]

Download: New_York-2023-A10151-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10151--A

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
          read once and  referred  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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

          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)  every  resident,  or in the case of a patient who lacks capacity,
    13  such resident's lawful representative, shall have the right to  install,
    14  operate, and maintain an electronic monitoring device in such resident's
    15  room, provided, however, that:
    16    (i)  such  electronic  monitoring device shall only capture picture or
    17  video of such resident's personal space; and
    18    (ii) audio capture shall require  written  consent  for  all  roommate
    19  residents  whose  privacy  may reasonably be affected by such electronic
    20  monitoring device, or such roommate residents' lawful representatives.
    21    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15473-04-4