S T A T E O F N E W Y O R K
________________________________________________________________________
10151
I N A S S E M B L Y
May 10, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
read once and referred to the Committee on Health
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
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,
HAVE GIVEN WRITTEN CONSENT TO SUCH AUDIO CAPTURE. IF NO SUCH CONSENT IS
RECEIVED, SUCH ELECTRONIC MONITORING DEVICE SHALL ONLY CAPTURE PICTURE
AND/OR SILENT VIDEO.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15473-01-4