S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1967--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M. of A. PAULIN, SAYEGH -- 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 and patients in nursing homes
 
   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. Subdivision 3 of section 2803-c  of  the  public  health  law  is
 amended by adding a new paragraph s to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04745-02-5
 A. 1967--A                          2
              

 
   S.  (I)  EVERY  PATIENT IN A NURSING HOME, OR IN THE CASE OF A PATIENT
 WHO LACKS CAPACITY TO  CONSENT,  THE  PATIENT'S  LAWFUL  REPRESENTATIVE,
 SHALL HAVE THE RIGHT, AT SUCH PATIENT'S 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
   (B)  "PATIENT'S  PERSONAL SPACE" MEANS THE SPACE IN 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.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.