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House Bill No. 5142
Public Act No. 26-28
AN ACT CONCERNING THE USE OF TECHNOLOGY FOR VIRTUAL
MONITORING IN RESIDENTIAL CARE HOMES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2026) (a) As used in this section:
(1) "Resident" means a resident of a residential care home;
(2) "Resident representative" means (A) a court -appointed
conservator of the person or guardian, (B) a health care representative
appointed pursuant to section 19a-575a of the general statutes, or (C) if
there is no court -appointed conservator of the perso n or guardian, or
health care representative, a person who is (i) designated in a written
document signed by the resident and included in the resident's records
on file with the residential care home, or (ii) if there is no such written
document, a person who is a legally liable relative or other responsible
party, provided such person is not an employer or contractor of the
residential care home;
(3) "Residential care home" has the same meaning as provided in
section 19a-490 of the general statutes;
(4) "Technology" means a device capable of remote audio or video
communications that may include recording capabilities; and
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(5) "Virtual monitoring" means remote monitoring of a resident by a
third party via technology owned and operated by the resident in the
resident's room or living quarters.
(b) (1) A resident shall have the right to use technology of the
resident's choice that facilitates virtual monitoring, provided:
(A) The purchase, activation, installation, maintenance, repair,
operation, deactivation and removal of such technology is at the
expense of the resident;
(B) The technology and any recordings and images obtained
therefrom are used by the resident and any person communicating with
the resident or monitoring the resident in a manner that does not violate
any individual's right to privacy under state or federa l law and in
accordance with the provisions of this section;
(C) A clear and conspicuous notice is placed on the door of the
resident's room or living unit indicating that technology enabling
virtual monitoring and intended for such use may be in use;
(D) In cases where the resident intends to use technology for virtual
monitoring in shared living situations, the resident or resident
representative provides advance notice to a roommate or the
roommate's representative specifying the type of technology, the
proposed location of the device, its intended use, intended hours of
operation and whether the device is capable of recording audio or video
or being activated remotely;
(E) The resident or resident representative (i) obtains the written
consent of all roommates or resident representatives of all roommates
for the use of the technology for virtual monitoring, and (ii) if any
roommate withdraws consent, ceases using the tec hnology for virtual
monitoring until consent is obtained; and
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(F) The resident or resident representative files a signed, written
notice with the residential care home and a copy of any written consent
of any roommate not less than seven days before installing or using such
technology for virtual monitoring that (i) identifies the type of
technology, its intended use, intended hours of operation and location
of such technology in the room or living quarters, (ii) states whether the
technology is capable of recording audio or video or being activated or
controlled remotely, (iii) acknowledges that the resident is responsible
for the purchase, activation, installation, maintenance, repair, operation,
deactivation and removal of such technology, and (iv) includes a waiver
of all civil, criminal and administrative liabilit y for the residential care
home in accordance with subsection (e) of this section.
(2) Except as provided in subparagraph (B) of subdivision (1) of this
subsection, the provisions of this subsection shall not apply to cellular
mobile telephones used primarily for telephonic communication or
tablets not used for virtual monitoring. If a r oommate withdraws
consent for the use of technology for virtual monitoring, a resident or
resident representative shall inform the residential care home, in
writing, not later than seven days after the roommate withdraws
consent.
(c) A residential care home may establish policies and procedures on
the use of technology for virtual monitoring addressing (1) except for
cellular mobile telephones used primarily for telephonic
communication or tablets not used for virtual monitoring, placement of
any technology device in a conspicuously visible, stationary location in
the resident's room or living quarters, (2) restrictions on use of the
technology to record video or audio outside the resident's room or living
quarters or in any shared common space, (3) compliance with applicable
federal, state and local life safety and fire protection requirements, (4)
limitations on use of technology for virtual monitoring when such use
will interfere with resident care or privacy unless the resident, a
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roommate of the resident, or his or her resident representative, consents
to such use, (5) the ability to limit use of technology in the event of a
disruption to the residential care home's Internet service, and (6) actions
that the residential care home m ay take for failure to comply with
applicable federal, state and local laws or residential care home policy
in the use of technology and the process by which a resident may appeal
such actions.
(d) The Office of the Long -Term Care Ombudsman may provide
standard forms on its Internet web site for (1) notice by a resident to a
residential care home of the resident's plan to install and use technology
of his or her choice for virtual monitoring; (2) con sent forms for any
roommate of a resident who wishes to use technology for virtual
monitoring that may capture audio or video of the roommate; and (3)
forms for a resident or resident representative to notify the residential
care home that a roommate h as withdrawn consent for use of
technology for virtual monitoring. The Office of the Long -Term Care
Ombudsman shall develop such standard forms in consultation with
residential care home representatives and the Department of Public
Health.
(e) A residential care home shall be immune from any civil, criminal
or administrative liability for any (1) violation of privacy rights of any
individual under state law caused by a resident's use of technology in
accordance with the provisions of this sectio n; (2) damage to the
resident's technology, including, but not limited to, malfunction, not
caused intentionally or negligently by the residential care home; and (3)
instance when audio or video produced by the resident's technology is
inadvertently or intentionally disclosed to, intercepted or used by an
unauthorized third party, provided the residential care home does not
intentionally cause such audio or video to be disclosed to, intercepted
or used by an unauthorized third party.
(f) The Commissioner of Public Health may adopt regulations in
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accordance with the provisions of chapter 54 of the general statutes to
implement the provisions of this section.
Sec. 2. Subsection (d) of section 19a -550b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(d) A nursing home facility shall be immune from any civil, criminal
or administrative liability for any (1) violation of privacy rights of any
individual under state [or federal ] law caused by a resident's use of
technology in accordance with the provisions of this section; (2) damage
to the resident's technology, including, but not limited to, malfunction ,
not caused [by the negligence of ] intentionally or negligently by the
nursing home facility; and (3) instance when audio or video produced
by the resident's technology is inadvertently or intentionally disclosed
to, intercepted or used by an unauthorized third party , provided the
nursing home facility does not intentionally cause such audio or video
to be disclosed to, intercepted or used by an unauthorized third party.