KY HB491

Residents of long-term care facilities, or their guardians/attorneys-in-fact, may authorize installation of electronic monitoring devices (video cameras or audio recorders) in their rooms, with all costs except electricity borne by the resident

Roommate consent is required before installing monitoring devices in shared rooms; if a roommate refuses, the facility must make reasonable efforts to relocate one resident to another available room

Recordings may only be used to promote safety or investigate reported incidents, must be retained for at least 3 months, and cannot be used for routine staff evaluations unrelated to documented incidents involving the resident

Facilities cannot deny admission, discharge, or retaliate against residents for authorizing monitoring devices; devices must be installed in clearly visible locations with notices posted at room entrances

Intentionally tampering with, obstructing, or destroying a monitoring device or its recordings constitutes a Class B misdemeanor; the Cabinet for Health and Family Services must create authorization forms and promulgate implementing regulations