H.B. No. 461 Summary

• Permits residents or their sponsors to install electronic monitoring devices (video cameras and/or audio recording devices) in long-term care facility rooms with proper authorization and two-factor authentication.

• Requires completion of a director-of-health-prescribed form and prohibits installation if a roommate refuses consent; facilities must attempt to accommodate by moving residents if consent is denied.

• Establishes a Medicaid assistance program through the Department of Health to help eligible residents purchase and install monitoring devices, with non-eligible residents paying all costs except electricity.

• Facilities must post notices at room entrances indicating monitoring devices are in use and submit annual reports detailing authorized devices; facilities are released from privacy liability when proper authorization is obtained.

• Creates penalties including $100-$500 fines for violations and a first-degree misdemeanor for tampering with authorized devices; appropriates $50,000 for fiscal years 2020 and 2021.