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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATERS, YOUNGBLOOD, PARKER, M. O'BRIEN, SIPTROTH AND STABACK, MARCH 24, 2009 |
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| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 24, 2009 |
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| AN ACT |
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1 | Providing for electronic monitoring in nursing homes, personal |
2 | care homes and assisted living facilities. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Electronic |
7 | Monitoring in Nursing Homes Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Nursing home." Any institution or facility in which nursing |
13 | care and related medical or other health services are provided |
14 | for a period exceeding 24 hours, for two or more individuals, |
15 | who are not relatives of the administrator and who are not |
16 | acutely ill and not in need of hospitalization, but who, because |
17 | of age, illness, disease, injury, convalescence or physical or |
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1 | mental infirmity need such care. |
2 | "Nursing home administrator." Any individual who is charged |
3 | with the general administration of a nursing home, whether or |
4 | not the individual has an ownership interest in the nursing home |
5 | and whether or not the administrator's functions and duties are |
6 | shared with one or more other individuals. |
7 | "Personal care home" or "assisted living facility." Any |
8 | premises in which food, shelter and personal assistance or |
9 | supervision are provided for a period exceeding 24 hours for |
10 | four or more adults who are not relatives of the operators, who |
11 | do not require the services in or of a licensed long-term care |
12 | facility, but who require assistance or supervision in such |
13 | matters as dressing, bathing, diet, financial management, |
14 | evacuation of a residence in the event of an emergency or |
15 | medication prescribed for self-administration. |
16 | "Personal care home administrator" or "assisted living |
17 | facility administrator." Any individual who is charged with the |
18 | general administration of a personal care home or assisted |
19 | living facility, whether or not the individual has an ownership |
20 | interest in the home or facility or the administrator's |
21 | functions and duties are shared with other individuals. |
22 | Section 3. Electronic monitoring in nursing homes, personal |
23 | care homes or assisted living facilities. |
24 | (a) General rule.--A nursing home, personal care home or |
25 | assisted living facility shall make reasonable physical |
26 | accommodation for electronic monitoring by providing: |
27 | (1) A reasonably secure place to mount the electronic |
28 | monitoring device. |
29 | (2) Access to power sources. |
30 | (b) Notice.--A nursing home, personal care home or assisted |
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1 | living facility shall inform a resident of the nursing home, |
2 | personal care home or assisted living facility or the legal |
3 | representative of the resident of the resident's right to |
4 | electronic monitoring. |
5 | (c) Conditions.-- |
6 | (1) A nursing home, personal care home or assisted |
7 | living facility may request a resident of the nursing home, |
8 | personal care home or assisted living facility or a |
9 | resident's personal representative to conduct electronic |
10 | monitoring within plain view. |
11 | (2) A resident of a nursing home, personal care home or |
12 | assisted living facility who wishes to install an electronic |
13 | monitoring device may be required by the nursing home |
14 | administrator, personal care home administrator or assisted |
15 | living facility administrator to make the request in writing. |
16 | Section 4. Admissibility of videotape as evidence. |
17 | Subject to the rules of evidence, a tape created through the |
18 | use of electronic monitoring shall be admissible in either a |
19 | civil or criminal action brought in a court of this |
20 | Commonwealth. |
21 | Section 5. Violation of act. |
22 | (a) Operation in violation.--A person who operates a nursing |
23 | home, personal care home or assisted living facility in |
24 | violation of this act commits a misdemeanor of the third degree |
25 | and shall, upon conviction, be sentenced to pay a fine of not |
26 | more than $2,500 or to imprisonment of not more than one year, |
27 | or both. |
28 | (b) Tampering or destroying device or tape.--A person who |
29 | willfully and without the consent of a resident of a nursing |
30 | home, personal care home or assisted living facility hampers, |
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1 | obstructs, tampers with or destroys an electronic monitoring |
2 | device or tape commits a misdemeanor of the third degree and |
3 | shall, upon conviction, be sentenced to pay a fine of not more |
4 | than $2,500 or to imprisonment for not more than one year, or |
5 | both. |
6 | Section 6. Effective date. |
7 | This act shall take effect in 60 days. |
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