NY State Senate Bill 2021-S3821A

Senate Bill S3821A

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Mar 10, 2021	print number 3821a
Mar 10, 2021	amend (t) and recommit to health
Jan 31, 2021	referred to health

Bill Amendments

Original

A (Active)

2021-S3821 - 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
2023-2024: S1440

2021-S3821 - 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.

2021-S3821 - Sponsor Memo

                                
 
BILL NUMBER: S3821

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 in his or her room

 
PURPOSE:

This bill would allow a patient or their family to have an electronic
monitoring 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 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 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 another family
member.

 
LEGISLATIVE HISTORY:

2019-20: S. 3786 - Health Committee

2017-18: S7138 referred to Health/ A10703 referred to Health

 
FISCAL IMPLICATIONS:

None.

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

2021-S3821 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3821
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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 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.  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.    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.
                                                            LBD02452-02-1

co-Sponsors

2021-S3821A (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
2023-2024: S1440

2021-S3821A (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.

2021-S3821A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3821A

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:

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.

2021-S3821A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3821--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed  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 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 r to read as follows:
   R. 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.
                                                            LBD02452-03-1

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