Senate Bill S7190

                             
                     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.