S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3708
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, PAULIN, HUNTER, SEAWRIGHT, McMAHON,
   BUTTENSCHON, M. MILLER, HAWLEY --  Multi-Sponsored  by  --  M.  of  A.
   BARCLAY -- read once and referred 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 r to read as follows:
   R.(I) SUBJECT TO REGULATIONS PROMULGATED BY  THE  COMMISSIONER,  EVERY
 PATIENT,  OR IN THE CASE OF A PATIENT WHO LACKS CAPACITY TO CONSENT, THE
 PATIENT'S LAWFUL REPRESENTATIVE, SHALL HAVE THE RIGHT, AT HIS OR HER OWN
 EXPENSE, TO INSTALL,  OPERATE  AND  MAINTAIN  AN  ELECTRONIC  MONITORING
 DEVICE IN THE PATIENT'S ROOM,  PROVIDED THAT:
   (A)  THE  ELECTRONIC  MONITORING  DEVICE SHALL ONLY CAPTURE PICTURE OR
 VIDEO OF THE PATIENT'S PERSONAL SPACE;
   (B) AUDIO CAPTURE SHALL REQUIRE  WRITTEN  CONSENT  FROM  ALL  ROOMMATE
 PATIENTS,  OR THEIR LAWFUL REPRESENTATIVES, WHOSE PRIVACY MAY REASONABLY
 BE AFFECTED; IF NO SUCH CONSENT IS RECEIVED, THE  ELECTRONIC  MONITORING
 DEVICE SHALL ONLY CAPTURE PICTURE OR SILENT VIDEO; AND
   (C)  A  REPORT  ON THE INSTALLATION OF AN ELECTRONIC MONITORING DEVICE
 INCLUDING ALL REQUIRED CONSENT  RECEIVED  SHALL  BE  MAINTAINED  BY  THE
 FACILITY ADMINISTRATOR AS PART OF THE PATIENT RECORD.
   (II)  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "ELECTRONIC MONITORING DEVICE"  MEANS  A  SURVEILLANCE  INSTRUMENT
 WITH A VIDEO CAMERA OR AN AUDIO RECORDING DEVICE, OR A COMBINATION THER-
 EOF,  WHICH IS INSTALLED IN A PATIENT'S ROOM AND TRANSMITS TO A SPECIFIC
 RECIPIENT OR RECORDS ACTIVITY OR SOUNDS OCCURRING IN THE ROOM; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02452-01-1
              

 A. 3708                             2
 
   (B) "PATIENT'S PERSONAL SPACE" MEANS THE SPACE IN  THE  THE  PATIENT'S
 ROOM INCLUDING AND IMMEDIATELY SURROUNDING THE PATIENT'S BED, FURNITURE,
 EQUIPMENT  THE  PATIENT'S EFFECTS AND POSSESSIONS, AND SHALL NOT INCLUDE
 THE PERSONAL SPACE OF A ROOMMATE PATIENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.