NY State Senate Bill 2023-S1440

Senate Bill S1440

2023-2024 Legislative Session

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

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Current 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, 2024	referred to health
Jan 11, 2023	referred to health

co-Sponsors

2023-S1440 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7138
2019-2020: S3786
2021-2022: S3821

2023-S1440 (ACTIVE) - Summary

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

2023-S1440 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1440

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 or a connected device in his or her room

 
PURPOSE:

This bill would allow a patient or their family to have an electronic
monitoring device or a connected 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 or a connected 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 or a connected
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 individual, be they an employee, a volunteer or anoth-
er family member.

 
LEGISLATIVE HISTORY:

2021-22: S. 3821a-Health Committee

2019-20: S. 3786 - Health Committee

2017-18: S. 7138 referred to Health/A. 10703 referred to Health

 
FISCAL IMPLICATIONS:

None.

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

2023-S1440 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1440
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens. GRIFFO, MATTERA -- 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 or a connected 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 s to read as follows:
   S.  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 OR CONNECTED DEVICE
 IN  HIS  OR  HER ROOM. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELEC-
 TRONIC MONITORING DEVICE" SHALL MEAN A SURVEILLANCE  INSTRUMENT  WITH  A
 FIXED  POSITION VIDEO CAMERA OR AN AUDIO RECORDING DEVICE, OR A COMBINA-
 TION THEREOF, WHICH IS INSTALLED IN A PATIENT'S ROOM AND  BROADCASTS  OR
 RECORDS  ACTIVITY OR SOUNDS OCCURRING IN SUCH ROOM.  FOR THE PURPOSES OF
 THIS SECTION, THE TERM "CONNECTED DEVICE" SHALL MEAN ANY DEVICE OR OTHER
 PHYSICAL OBJECT THAT IS CAPABLE OF DIRECTLY OR INDIRECTLY CONNECTING  TO
 THE  INTERNET AND THAT IS ASSIGNED AN INTERNET PROTOCOL ADDRESS OR BLUE-
 TOOTH ADDRESS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    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  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.
                                                            LBD03057-01-3

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Senate Bill S1440

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Sponsored By

Joseph A. Griffo