S.B. No. 255 - Esther's Law Summary

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

• Requires written consent from residents and, if sharing a room, consent from the roommate; allows roommates to place conditions on consent such as directing cameras away from them, and requires facilities to attempt relocating residents if consent is refused.

• Establishes that residents or sponsors must pay for device costs, installation, and maintenance (except electricity) unless eligible for Medicaid assistance through a state program administered by the Department of Health.

• Creates requirements for facilities to post notices of monitoring at room entrances, submit annual reports detailing authorized devices, and prohibits discrimination against residents for authorizing monitoring; makes tampering with devices a first-degree misdemeanor.

• Appropriates $50,000 annually for fiscal years 2020 and 2021 to the Department of Health for purchasing and installing electronic monitoring devices for Medicaid-eligible residents.