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Assembly Bill A4616

2023-2024 Legislative Session

Allows 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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2023-A4616 (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
2019-2020: A2355
2021-2022: A3708

2023-A4616 (ACTIVE) - Summary

Allows 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.

2023-A4616 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4616
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER, PAULIN, HUNTER, SEAWRIGHT, McMAHON,
   BUTTENSCHON, HAWLEY, LAVINE -- read once and referred 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 s to read as follows:
   S.  (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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03057-02-3
 A. 4616                             2

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