NY State Senate Bill 2017-S7138

Senate Bill S7138

2017-2018 Legislative Session

Relates to allowing a nursing home patient to install an electronic monitoring device in his or her room

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health

2017-S7138 (ACTIVE) - Details

See Assembly Version of this Bill:: A10703
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3786, A2355
2021-2022: S3821, A3708
2023-2024: S1440, A4616

2017-S7138 (ACTIVE) - Summary

Relates to allowing a nursing home patient to install, operate and maintain, at his or her own expense, an electronic monitoring device in his or her room.

2017-S7138 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7138

SPONSOR: GRIFFO
 
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:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S7138 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7138
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 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  ASSEM-
 BLY, 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.
                                                            LBD13860-01-7

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