Assembly Bill A10151A

2023-2024 Legislative Session

Relates to the use of electronic monitoring devices to monitor residents in assisted living residences

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

2023-A10151 - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4660, Pub Health L

2023-A10151 - Summary

Relates to the use of electronic monitoring devices to monitor residents in assisted living residences; requires consent from resident roommates to such electronic monitoring.

2023-A10151 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10151
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the use  of  elec-
   tronic monitoring devices in the rooms of residents in assisted living
   residences
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (o) and (p) of subdivision 3 of section 4660  of
 the  public  health  law, as added by chapter 2 of the laws of 2004, are
 amended and a new paragraph (q) is added to read as follows:
   (o) every resident shall have the right to receive visits from  family
 members and other adults of the resident's choosing without interference
 from the assisted living residence; [and]
   (p)  every  resident shall have the right to written notice of any fee
 increase not less than forty-five days prior to the  proposed  effective
 date of the fee increase, provided however providing additional services
 to  a  resident  shall not be considered a fee increase pursuant to this
 paragraph[.]; AND
   (Q) EVERY RESIDENT, OR IN THE CASE OF A PATIENT  WHO  LACKS  CAPACITY,
 SUCH  RESIDENT'S LAWFUL REPRESENTATIVE, SHALL HAVE THE RIGHT TO INSTALL,
 OPERATE, AND MAINTAIN AN ELECTRONIC MONITORING DEVICE IN SUCH RESIDENT'S
 ROOM, PROVIDED, HOWEVER, THAT:
   (I) SUCH ELECTRONIC MONITORING DEVICE SHALL ONLY  CAPTURE  PICTURE  OR
 VIDEO OF SUCH RESIDENT'S PERSONAL SPACE; AND
   (II)  AUDIO  CAPTURE  SHALL  REQUIRE  WRITTEN CONSENT FOR ALL ROOMMATE
 RESIDENTS WHOSE PRIVACY MAY REASONABLY BE AFFECTED  BY  SUCH  ELECTRONIC
 MONITORING  DEVICE,  OR SUCH ROOMMATE RESIDENTS' LAWFUL REPRESENTATIVES,
 HAVE GIVEN WRITTEN CONSENT TO SUCH AUDIO CAPTURE. IF NO SUCH CONSENT  IS
 RECEIVED,  SUCH  ELECTRONIC MONITORING DEVICE SHALL ONLY CAPTURE PICTURE
 AND/OR SILENT VIDEO.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15473-01-4

co-Sponsors

2023-A10151A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4660, Pub Health L

2023-A10151A (ACTIVE) - Summary

Relates to the use of electronic monitoring devices to monitor residents in assisted living residences; requires consent from resident roommates to such electronic monitoring.

2023-A10151A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10151--A
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and  referred  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the public health law, in relation to the use of elec-
   tronic monitoring devices in the rooms of residents in assisted living
   residences

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs (o) and (p) of subdivision 3 of section 4660 of
 the public health law, as added by chapter 2 of the laws  of  2004,  are
 amended and a new paragraph (q) is added to read as follows:
   (o)  every resident shall have the right to receive visits from family
 members and other adults of the resident's choosing without interference
 from the assisted living residence; [and]
   (p) every resident shall have the right to written notice of  any  fee
 increase  not  less than forty-five days prior to the proposed effective
 date of the fee increase, provided however providing additional services
 to a resident shall not be considered a fee increase  pursuant  to  this
 paragraph[.]; AND
   (Q)  EVERY  RESIDENT,  OR IN THE CASE OF A PATIENT WHO LACKS CAPACITY,
 SUCH RESIDENT'S LAWFUL REPRESENTATIVE, SHALL HAVE THE RIGHT TO  INSTALL,
 OPERATE, AND MAINTAIN AN ELECTRONIC MONITORING DEVICE IN SUCH RESIDENT'S
 ROOM, PROVIDED, HOWEVER, THAT:
   (I)  SUCH  ELECTRONIC  MONITORING DEVICE SHALL ONLY CAPTURE PICTURE OR
 VIDEO OF SUCH RESIDENT'S PERSONAL SPACE; AND
   (II) AUDIO CAPTURE SHALL REQUIRE  WRITTEN  CONSENT  FOR  ALL  ROOMMATE
 RESIDENTS  WHOSE  PRIVACY  MAY REASONABLY BE AFFECTED BY SUCH ELECTRONIC
 MONITORING DEVICE, OR SUCH ROOMMATE RESIDENTS' LAWFUL REPRESENTATIVES.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15473-04-4

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