Bill Text: PA HB1084 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for electronic monitoring in nursing homes, personal care homes and assisted living facilities.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2009-03-24 - Referred to AGING AND OLDER ADULT SERVICES [HB1084 Detail]

Download: Pennsylvania-2009-HB1084-Introduced.html

---

PRINTER'S NO. 1266
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1084 Session of2009
INTRODUCED BY WATERS, YOUNGBLOOD, PARKER, M. O'BRIEN, SIPTROTH AND STABACK, MARCH 24, 2009
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 24, 2009
AN ACT
Providing for electronic monitoring in nursing homes, personal
care homes and assisted living facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Electronic
Monitoring in Nursing Homes Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Nursing home." Any institution or facility in which nursing
care and related medical or other health services are provided
for a period exceeding 24 hours, for two or more individuals,
who are not relatives of the administrator and who are not
acutely ill and not in need of hospitalization, but who, because
of age, illness, disease, injury, convalescence or physical or
mental infirmity need such care.
"Nursing home administrator." Any individual who is charged
with the general administration of a nursing home, whether or
not the individual has an ownership interest in the nursing home
and whether or not the administrator's functions and duties are
shared with one or more other individuals.
"Personal care home" or "assisted living facility." Any
premises in which food, shelter and personal assistance or
supervision are provided for a period exceeding 24 hours for
four or more adults who are not relatives of the operators, who
do not require the services in or of a licensed long-term care
facility, but who require assistance or supervision in such
matters as dressing, bathing, diet, financial management,
evacuation of a residence in the event of an emergency or
medication prescribed for self-administration.
"Personal care home administrator" or "assisted living
facility administrator." Any individual who is charged with the
general administration of a personal care home or assisted
living facility, whether or not the individual has an ownership
interest in the home or facility or the administrator's
functions and duties are shared with other individuals.
Section 3. Electronic monitoring in nursing homes, personal
care homes or assisted living facilities.
(a) General rule.--A nursing home, personal care home or
assisted living facility shall make reasonable physical
accommodation for electronic monitoring by providing:
(1) A reasonably secure place to mount the electronic
monitoring device.
(2) Access to power sources.
(b) Notice.--A nursing home, personal care home or assisted
20090HB1084PN1266 - 2 -
living facility shall inform a resident of the nursing home,
personal care home or assisted living facility or the legal
representative of the resident of the resident's right to
electronic monitoring.
(c) Conditions.--
(1) A nursing home, personal care home or assisted
living facility may request a resident of the nursing home,
personal care home or assisted living facility or a
resident's personal representative to conduct electronic
monitoring within plain view.
(2) A resident of a nursing home, personal care home or
assisted living facility who wishes to install an electronic
monitoring device may be required by the nursing home
administrator, personal care home administrator or assisted
living facility administrator to make the request in writing.
Section 4. Admissibility of videotape as evidence.
Subject to the rules of evidence, a tape created through the
use of electronic monitoring shall be admissible in either a
civil or criminal action brought in a court of this
Commonwealth.
Section 5. Violation of act.
(a) Operation in violation.--A person who operates a nursing
home, personal care home or assisted living facility in
violation of this act commits a misdemeanor of the third degree
and shall, upon conviction, be sentenced to pay a fine of not
more than $2,500 or to imprisonment of not more than one year,
or both.
(b) Tampering or destroying device or tape.--A person who
willfully and without the consent of a resident of a nursing
home, personal care home or assisted living facility hampers,
20090HB1084PN1266 - 3 -
obstructs, tampers with or destroys an electronic monitoring
device or tape commits a misdemeanor of the third degree and
shall, upon conviction, be sentenced to pay a fine of not more
than $2,500 or to imprisonment for not more than one year, or
both.
Section 6. Effective date.
This act shall take effect in 60 days.
20090HB1084PN1266 - 4 -