NY State Senate Bill 2025-S7190

Senate Bill S7190

2025-2026 Legislative Session

Relates to the use of electronic monitoring devices to monitor residents in assisted living residences and patients in nursing homes

download bill text pdf

Current Bill Status - In Senate Committee Aging 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 03, 2025	referred to aging

2025-S7190 (ACTIVE) - Details

See Assembly Version of this Bill:: A1967
Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §§4660 & 2803-c, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: A10151

2025-S7190 (ACTIVE) - Summary

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

2025-S7190 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7190

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill adds the right to install, operate and maintain an electronic
monitoring device in their room to the list of residence rights in the
public health law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraphs (0) and (p) of subdivision 3 of section
4660 of the public health law, as added by chapter 2 of the laws of
2004, to add a new paragraph (q) to add a new resident right.

Section two adds a new paragraph (s) to subdivision 3 of section 2803-c

to add a new skilled nursing facility patient right.

Section three contains an immediate effective date. JUSTIFICATION:  When
a resident of an assisted living residence or skilled nursing facility
becomes frailer and in need of more support, it is often difficult for
their family members.

Families want their loved ones to be given the best care possible and it
is often difficult to monitor that care if they live far away or cannot
visit the residents on a consistent basis. One of the tools that can be
used to help family members check in on their resident is electronic
monitoring devices. These devices capture pictures, video, and audio of
the residents' personal space. Many of these residents are physically
vulnerable and may have memory issues. This means that they cannot accu-
rately tell their family members what is happening to them in their
room. These devices allow families to know exactly what is happening in
their loved ones' room and report any issues or abuse that they come
across.

It is reported that Assisted Living Facilities and skilled nursing
facilities each make their own rules for allowing cameras. This means
that families with residents in some facilities do not have the same
right to see what is happening to their loved one. With the passage of
this legislation, every family could choose an electronic monitoring
device if they feel like it is the right thing for the residents. If the
resident has a roommate, that roommate will be able to give written
consent to say that they agree to the installation of the device. And if
the device captures audio, written consent to they agree to have their
audio captured. Every skilled nursing facility and assisted living
facility resident deserves to feet safe, and cameras can give back that
feeling of safety to residents and their families.

 
PRIOR LEGISLATIVE HISTORY:

2025-S7190 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7190
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging
 
 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) (I) EVERY RESIDENT, OR IN THE CASE OF A RESIDENT WHO LACKS CAPACI-
 TY, SUCH RESIDENT'S LAWFUL REPRESENTATIVE,  MAY  INSTALL,  OPERATE,  AND
 MAINTAIN  AN  ELECTRONIC  MONITORING  DEVICE  IN SUCH RESIDENT'S ROOM AT
 THEIR OWN EXPENSE, PROVIDED, HOWEVER, THAT:
   (A) SUCH ELECTRONIC MONITORING DEVICE WHICH CAPTURES PICTURE OR  VIDEO
 SHALL ONLY CAPTURE PICTURE OR VIDEO OF SUCH RESIDENT'S PERSONAL SPACE;
   (B)  ANY  ROOMMATE OF SUCH RESIDENT OR THE ROOMMATE'S LAWFUL REPRESEN-
 TATIVE SHALL HAVE PROVIDED WRITTEN CONSENT FOR THE USE AND  INSTALLATION
 OF SUCH ELECTRONIC MONITORING DEVICE. IF NO SUCH CONSENT IS RECEIVED, NO
 ELECTRONIC MONITORING DEVICE MAY BE USED OR INSTALLED; AND
   (C) IF THE ELECTRONIC MONITORING DEVICE CAPTURES AUDIO, THAT ANY ROOM-
 MATE  OF  THE  RESIDENT, OR SUCH ROOMMATE'S LAWFUL REPRESENTATIVE, SHALL
 HAVE PROVIDED WRITTEN CONSENT FOR THE USE AND INSTALLATION OF SUCH AUDIO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04745-04-5

 S. 7190                             2
 
 CAPTURING ELECTRONIC MONITORING DEVICE. AUDIO CAPTURE SHALL ALSO REQUIRE
 POSTING OF A NOTICE IN A CONSPICUOUS PLACE ADVISING INDIVIDUALS ENTERING
 THE ROOM THAT AUDIO IS BEING CAPTURED.
   (II)  FOR  THE PURPOSES OF THIS SUBDIVISION, 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 RESIDENT'S ROOM AND TRANSMITS TO A SPECIFIC
 RECIPIENT OR RECORDS ACTIVITY OR SOUNDS OCCURRING IN THE ROOM; AND
   (B) "RESIDENT'S PERSONAL SPACE" MEANS THE SPACE IN THE RESIDENT'S ROOM
 INCLUDING  AND  IMMEDIATELY  SURROUNDING  THE RESIDENT'S BED, FURNITURE,
 EQUIPMENT, THE RESIDENT'S EFFECTS AND POSSESSIONS, AND SHALL NOT INCLUDE
 THE PERSONAL SPACE OF A ROOMMATE RESIDENT OR SHARED  BATHING  OR  TOILET
 AREA.
   §  2.  Subdivision  3  of  section  2803-c of the public health law is
 amended by adding a new paragraph s to read as follows:
   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, MAY
 INSTALL, OPERATE AND MAINTAIN AN ELECTRONIC  MONITORING  DEVICE  IN  THE
 PATIENT'S ROOM, AT THEIR OWN EXPENSE, PROVIDED THAT:
   (A)  SUCH ELECTRONIC MONITORING DEVICE WHICH CAPTURES PICTURE OR VIDEO
 SHALL ONLY CAPTURE PICTURE OR VIDEO OF THE PATIENT'S PERSONAL SPACE;
   (B) ANY ROOMMATE OF THE PATIENT OR SUCH  ROOMMATE'S  LAWFUL  REPRESEN-
 TATIVE  SHALL HAVE PROVIDED WRITTEN CONSENT FOR THE USE AND INSTALLATION
 OF SUCH ELECTRONIC MONITORING DEVICE. IF NO SUCH CONSENT IS RECEIVED, NO
 ELECTRONIC MONITORING DEVICE MAY BE USED OR INSTALLED;
   (C) IF THE ELECTRONIC MONITORING DEVICE CAPTURES AUDIO, THAT ANY ROOM-
 MATE OF THE PATIENT OR SUCH ROOMMATE'S LAWFUL REPRESENTATIVE SHALL  HAVE
 PROVIDED  WRITTEN  CONSENT  FOR  THE  USE  OR INSTALLATION OF SUCH AUDIO
 CAPTURING ELECTRONIC MONITORING DEVICE. AUDIO CAPTURE SHALL ALSO REQUIRE
 POSTING OF A NOTICE IN A CONSPICUOUS PLACE ADVISING INDIVIDUALS ENTERING
 THE ROOM THAT AUDIO IS BEING RECORDED; AND
   (D) 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 SUBDIVISION, 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 OR  SHARED  BATHING  OR  TOILET
 AREA.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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