What's happening
This bill allows nursing home patients in New York to install and operate electronic monitoring devices in their rooms at their own expense.
Why it matters
Empowers residents and families to monitor care. By allowing electronic monitoring devices, the bill lets patients and their loved ones observe treatment and living conditions, potentially deterring neglect or abuse and providing peace of mind.
Raises privacy and consent issues. The presence of cameras or audio devices could impact the privacy of roommates, visitors, and staff, prompting new questions about consent and how to balance safety with individual rights.
Shifts responsibility and cost to patients. The requirement that devices be installed and maintained at the patient’s own expense may create disparities, as only those who can afford the technology will benefit from increased oversight.
Could influence facility practices and accountability. Knowing that rooms might be monitored could lead staff and management to maintain higher standards of care, and recordings could serve as evidence in investigations or disputes.
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Who cares
Headline styles
Allow Cameras in Nursing Homes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3786
2019-2020 Regular Sessions
IN SENATE
February 14, 2019
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed 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 Assembly, do enact as follows:
Section 1. Subdivision 3 of section 2803-c of the public health law is amended by adding a new paragraph q to read as follows:
q. Pursuant to regulations promulgated by the commissioner, every patient shall have the right, at his or her own expense, to install, operate and maintain an electronic monitoring device in his or her room. For the purposes of this section, the term "electronic monitoring device" shall mean a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof, which is installed in a patient's room and broadcasts or records activity or sounds occurring in such room.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01628-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This bill would allow a patient or their family to have an electronic monitoring device installed in his or her room at the expense of the individual or their family.
Summary of provisions
Section 1 amends the public health law to allow a patient or their fami- ly to install an electronic monitoring device at their own expense.
Section 2 is the effective date.
Justification
Nursing home residents and their families expect that they or their loved one will receive the best possible care from the facility charged with their supervision. Unfortunately, there have been cases demonstrat- ing neglect and outright abuse at some of these facilities; and though most nursing homes and their staff live up to the standards set forth by society, patients and their families, there are enough instances of neglect to necessitate an option for further monitoring by the resident and their family.
This bill allows for an individual or their family, at their own expense, to install an electronic monitoring device in their room to ensure that the level of care they are receiving is of the quality that is expected. In extreme circumstances this will allow for the monitoring of an individual who is suspected of suffering from abuse by any indi- vidual, be they an employee, a volunteer or another family member.
Legislative history
2017-18: S7138 referred to Health/ A10703 referred to Health
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.