Rules for Electronic Monitoring in Long-Term Care Facilities
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Bill Summary - 20LSO-0406 Bill No.: HB0109 Effective: Multiple Dates LSO No.: 20LSO-0406 Enrolled Act No.: HEA No. 0089 Chapter No.: 126 Prime Sponsor: Kirkbride Catch Title: Electronic monitoring in long-term care facilities. Subject: Authorizing and regulating electronic monitoring in long-term care facilities. Summary/Major Elements: The act authorizes the installation and regulation of security surveillance devices by long-term care facilities and electronic monitoring devices by residents of those facilities. The act allows residents to seek to install and use fixed electronic monitoring devices in the resident's room, subject to meeting the requirements of the act and receiving consent from the resident's roommate (if any). The act requires each long-term care facility resident to sign a form that acknowledges the right to use electronic monitoring devices in one's room, the possibility that other residents and the facility may be using electronic devices and the security and privacy risks associated with using electronic monitoring devices, among other things. A resident who seeks to use electronic monitoring must complete an acknowledgment and waive any claim of liability against the facility associated with the release or use of recordings from devices. The act provides that electronic monitoring devices cannot be installed in a room without a resident gaining permission from all other residents in the room. A resident can seek to switch rooms or roommates in order to be able to use electronic monitoring. The act requires a resident to gain approval from the facility before installing and using monitoring devices, and a facility cannot unnecessarily impair or impede a resident's use of the devices. The resident is responsible for all associated costs of monitoring. The act provides for the admissibility of electronic recordings in judicial and administrative actions and limits the criminal and civil liability. The act requires the Department of Health to promulgate relevant rules. Comments: The act may be cited as the Long-term Care Electronic Monitoring Act. The act has a split effective date. The rulemaking authority is effective immediately; the remaining provisions are effective on October 1, 2020. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Public statements
Last checked Aug 6, 10:14 AM
R · H11
Why they voted this way
The lawmaker supports the rulemaking process in the bill as a necessary safeguard to address privacy issues, noting that it allows for public input and legislative oversight rather than handing off unchecked authority.
Why they voted this way
The lawmaker supports removing the 'fixed and stationary' requirement because allowing various devices makes the bill more affordable and accessible to families.
H31
Why they voted this way
The lawmaker believes the bill is not ready because broadening the definition would unintentionally regulate personal devices like cell phones and laptops in long-term care facilities.
Why they voted this way
The lawmaker supports the bill because a constituent requested it to monitor her spouse's well-being in a nursing home where no such regulations currently exist.
If a lawmaker is not listed, we couldn't find a published reason.
Wyoming roll calls
6 roll calls
Official activity
Changes
15 stored
The amendment removes certain language about positions and adds details about cameras or other devices being placed, used, and their placement in rooms for electronic monitoring in long-term care facilities.
The amendment changes the wording to specify that cameras or other devices can be placed or used in long-term care facilities for monitoring purposes.
The amendment changes the requirement for electronic monitoring in long-term care facilities by specifying that it must be 'intentional' rather than just any form of monitoring.
The amendment removes a specific line from the bill's first page, which is part of an act related to electronic monitoring in long-term care facilities.
The amendment changes who owns recordings made by electronic monitoring devices in long-term care facilities.
The amendment changes parts of HB0109 by adding new language that allows long-term care facilities to be protected from certain civil damages related to the use and release of recordings made by electronic monitoring devices, except in cases involving gross negligence or willful misconduct.
The amendment changes the wording in several places to specify that certain types of electronic monitoring incidents must be unintentional and adds 'civil' before 'action'.
The amendment removes specific wording related to the type and placement of electronic monitoring devices in long-term care facilities.
The amendment changes the wording of certain sections in the bill to specify that only unintentional violations are considered, and adds 'civil' before 'action' in another section.
The amendment changes the definition of electronic monitoring devices to include 'permanent fixed and stationary' types, adds a new section limiting facility access to recordings, removes certain evidentiary standards, and deletes specific penalty provisions.
The amendment removes language about the placement of electronic monitoring devices in rooms and clarifies that personal electronic devices like phones and computers are not considered 'electronic monitoring devices' when used for regular communication.
The amendment would add a provision that no long-term care facility will be required to allow or use electronic monitoring.
The amendment changes the time limit for a long-term care facility to approve the installation and use of an electronic monitoring device requested by a resident or their representative.
The amendment changes the definition of an 'electronic monitoring device' to specify it as a fixed-position video camera or surveillance instrument that can capture, record, transmit, or broadcast audio and/or video from inside a resident's room.
The amendment changes the bill to focus on security surveillance instead of electronic monitoring in long-term care facilities.