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Assembly Bill A2355A

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A2355 - Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §2803-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10703
2021-2022: A3708
2023-2024: A4616

2019-A2355 - Summary

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

2019-A2355 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2355
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee 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 q to read as follows:
   Q.  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 IN HIS OR HER ROOM.
 FOR  THE  PURPOSES  OF  THIS  SECTION,  THE  TERM "ELECTRONIC MONITORING
 DEVICE" SHALL MEAN A SURVEILLANCE INSTRUMENT WITH A FIXED POSITION VIDEO
 CAMERA OR AN AUDIO RECORDING DEVICE, OR A COMBINATION THEREOF, WHICH  IS
 INSTALLED  IN  A  PATIENT'S  ROOM  AND BROADCASTS OR RECORDS ACTIVITY OR
 SOUNDS OCCURRING IN SUCH ROOM.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that 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
 and directed 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.
                                                            LBD01628-01-9

co-Sponsors

multi-Sponsors

2019-A2355A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Amd §2803-c, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10703
2021-2022: A3708
2023-2024: A4616

2019-A2355A (ACTIVE) - Summary

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

2019-A2355A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2355--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER, PAULIN, M. L. MILLER -- Multi-Sponsored
   by -- M. of A.  BARCLAY -- read once and referred to the Committee  on
   Health  --  recommitted  to the Committee on Health in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01628-04-0

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