Bill Text: NY A02355 | 2019-2020 | General Assembly | Amended

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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.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2020-07-13 - reported referred to rules [A02355 Detail]

Download: New_York-2019-A02355-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2355--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2019
                                       ___________

        Introduced  by M. of A. GUNTHER, PAULIN, M. L. MILLER -- Multi-Sponsored
          by -- M. of A.  BARCLAY -- read once and referred to the Committee  on
          Health  --  recommitted  to the Committee on Health in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01628-04-0
        A. 2355--A                          2

     1  eof, which is installed in a patient's room and transmits to a  specific
     2  recipient or records activity or sounds occurring in the room; and
     3    (B)  "patient's  personal  space" means the space in the the patient's
     4  room including and immediately surrounding the patient's bed, furniture,
     5  equipment the patient's effects and possessions, and shall  not  include
     6  the personal space of a roommate patient.
     7    § 2. This act shall take effect on the one hundred eightieth day after
     8  it  shall have become a law. Effective immediately, the addition, amend-
     9  ment and/or repeal of any rule or regulation necessary for the implemen-
    10  tation of this act on its effective date are authorized to be  made  and
    11  completed on or before such effective date.