ELECTRONIC MONITORING

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HB4517 - 104th General Assembly

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HB4517 Enrolled
LRB104 18029 BAB 31468 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Authorized Electronic Monitoring in
5
Long-Term Care Facilities Act is amended by changing Sections
6
5, 15, 20, 25, 30, 40, 45, 55, and 60 as follows:

7

(210 ILCS 32/5)
8

Sec. 5.
Definitions.
As used in this Act:
9

"Authorized electronic monitoring" means the placement and
10
use of an electronic monitoring device by a resident in his or
11
her room in accordance with this Act.
12

"Department" means the Department of Public Health.
13

"Electronic monitoring device" means a surveillance
14
instrument with a fixed position video camera or an audio
15
recording device, or a combination thereof, that is installed
16
in a resident's room under the provisions of this Act and
17
broadcasts or records activity or sounds occurring in the
18
room.
19

"Establishment" means an assisted living establishment as
20
defined in the Assisted Living and Shared Housing Act.

21

"Facility" means an intermediate care facility for the
22
developmentally disabled licensed under the ID/DD Community
23
Care Act that has 30 beds or more, a facility licensed under

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
the MC/DD Act, a long-term care facility licensed under the
2
Nursing Home Care Act, or a facility that provides housing to
3
individuals with dementia, as defined in Section 3 of the
4
Alzheimer's Disease Assistance Act.
5

"Resident" means a person residing in a facility
or
6
establishment
.
7

"Resident's representative" has the meaning given to that
8
term in (1) Section 1-123 of the Nursing Home Care Act if the
9
resident resides in a facility licensed under the Nursing Home
10
Care Act, (2) Section 1-123 of the ID/DD Community Care Act if
11
the resident resides in a facility licensed under the ID/DD
12
Community Care Act,
(3) Section 9-10 of the Assisted Living
13
and Shared Housing Act if the resident resides in an
14
establishment under the Assisted Living and Shared Housing
15
Act,
or
(4)

(3)
Section 1-123 of the MC/DD Act if the resident
16
resides in a facility licensed under the MC/DD Act.
17

"Room" means a resident's designated private or shared
18
living space, apartment, or living unit designed for personal
19
use and sleeping.

20
(Source: P.A. 101-160, eff. 7-26-19.)

21

(210 ILCS 32/15)
22

Sec. 15.
Consent.
23

(a) Except as otherwise provided in this subsection, a
24
resident, a resident's plenary guardian of the person, or the
25
parent of a resident under the age of 18 must consent in

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
writing on a notification and consent form prescribed by the
2
Department to the authorized electronic monitoring in the
3
resident's room. If the resident has not affirmatively
4
objected to the authorized electronic monitoring and the
5
resident's physician determines that the resident lacks the
6
ability to understand and appreciate the nature and
7
consequences of electronic monitoring, the following
8
individuals may consent on behalf of the resident, in order of
9
priority:
10

(1) a health care agent named under the Illinois Power
11

of Attorney Act;
12

(2) a resident's representative, as defined in Section
13

5 of this Act;
14

(3) the resident's spouse;
15

(4) the resident's parent;
16

(5) the resident's adult child who has the written
17

consent of the other adult children of the resident to act
18

as the sole decision maker regarding authorized electronic
19

monitoring; or
20

(6) the resident's adult brother or sister who has the
21

written consent of the other adult siblings of the
22

resident to act as the sole decision maker regarding
23

authorized electronic monitoring.
24

(a-5) Prior to another person, other than a resident's
25
plenary guardian of the person, consenting on behalf of a
26
resident 18 years of age or older in accordance with this

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
Section, the resident must be asked by that person, in the
2
presence of a facility
or establishment
employee, if he or she
3
wants authorized electronic monitoring to be conducted. The
4
person must explain to the resident:
5

(1) the type of electronic monitoring device to be
6

used;
7

(2) the standard conditions that may be placed on the
8

electronic monitoring device's use, including those listed
9

in paragraph (7) of subsection (b) of Section 20;
10

(3) with whom the recording may be shared according to
11

Section 45; and
12

(4) the resident's ability to decline all recording.
13

For the purposes of this subsection, a resident
14
affirmatively objects when he or she orally, visually, or
15
through the use of auxiliary aids or services declines
16
authorized electronic monitoring. The resident's response must
17
be documented on the notification and consent form.
18

(b) A resident or roommate may consent to authorized
19
electronic monitoring with any conditions of the resident's
20
choosing, including, but not limited to, the list of standard
21
conditions provided in paragraph (7) of subsection (b) of
22
Section 20. A resident or roommate may request that the
23
electronic monitoring device be turned off or the visual
24
recording component of the electronic monitoring device be
25
blocked at any time.
26

(c) Prior to the authorized electronic monitoring, a

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
resident must obtain the written consent of any other resident
2
residing in the room on the notification and consent form
3
prescribed by the Department. Except as otherwise provided in
4
this subsection, a roommate, a roommate's plenary guardian of
5
the person, or the parent of a roommate under the age of 18
6
must consent in writing to the authorized electronic
7
monitoring in the resident's room. If the roommate has not
8
affirmatively objected to the authorized electronic monitoring
9
in accordance with subsection (a-5) and the roommate's
10
physician determines that the roommate lacks the ability to
11
understand and appreciate the nature and consequences of
12
electronic monitoring, the following individuals may consent
13
on behalf of the roommate, in order of priority:
14

(1) a health care agent named under the Illinois Power
15

of Attorney Act;
16

(2) a roommate's resident's representative, as defined
17

in Section 5 of this Act;
18

(3) the roommate's spouse;
19

(4) the roommate's parent;
20

(5) the roommate's adult child who has the written
21

consent of the other adult children of the resident to act
22

as the sole decision maker regarding authorized electronic
23

monitoring; or
24

(6) the roommate's adult brother or sister who has the
25

written consent of the other adult siblings of the
26

resident to act as the sole decision maker regarding

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1

authorized electronic monitoring.
2

(c-5) Consent by a roommate under subsection (c)
3
authorizes the resident's use of any recording obtained under
4
this Act, as provided in Section 45 of this Act.
5

(c-7) Any resident previously conducting authorized
6
electronic monitoring must obtain consent from any new
7
roommate before the resident may resume authorized electronic
8
monitoring. If a new roommate does not consent to authorized
9
electronic monitoring and the resident conducting the
10
authorized electronic monitoring does not remove or disable
11
the electronic monitoring device, the facility
or
12
establishment
shall turn off the device.
13

(d) Consent may be withdrawn by the resident or roommate
14
at any time, and the withdrawal of consent shall be documented
15
in the resident's clinical record. If a roommate withdraws
16
consent and the resident conducting the authorized electronic
17
monitoring does not remove or disable the electronic
18
monitoring device, the facility
or establishment
may turn off
19
the electronic monitoring device.
20

(e) If a resident who is residing in a shared room wants to
21
conduct authorized electronic monitoring and another resident
22
living in or moving into the same shared room refuses to
23
consent to the use of an electronic monitoring device, the
24
facility
or establishment
shall make a reasonable attempt to
25
accommodate the resident who wants to conduct authorized
26
electronic monitoring. A facility
or establishment
has met the

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
requirement to make a reasonable attempt to accommodate a
2
resident who wants to conduct authorized electronic monitoring
3
when upon notification that a roommate has not consented to
4
the use of an electronic monitoring device in his or her room,
5
the facility
or establishment
offers to move either resident
6
to another shared room that is available at the time of the
7
request. If a resident chooses to reside in a private room in
8
order to accommodate the use of an electronic monitoring
9
device, the resident must pay the private room rate. If a
10
facility
or establishment
is unable to accommodate a resident
11
due to lack of space, the facility
or establishment
must
12
reevaluate the request every 2 weeks until the request is
13
fulfilled.
14
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17
.)

15

(210 ILCS 32/20)
16

Sec. 20.
Notice to the facility
or establishment
.
17

(a) Authorized electronic monitoring may begin only after
18
a notification and consent form prescribed by the Department
19
has been completed and submitted to the facility
or
20
establishment
.
21

(b) A resident shall notify the facility
or establishment

22
in writing of his or her intent to install an electronic
23
monitoring device by providing a completed notification and
24
consent form prescribed by the Department that must include,
25
at minimum, the following information:

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1

(1) the resident's signed consent to electronic
2

monitoring or the signature of the person consenting on
3

behalf of the resident in accordance with Section 15 of
4

this Act; if a person other than the resident signs the
5

consent form, the form must document the following:
6

(A) the date the resident was asked if he or she
7

wants authorized electronic monitoring to be conducted
8

in accordance with subsection (a-5) of Section 15;
9

(B) who was present when the resident was asked;
10

and
11

(C) an acknowledgement that the resident did not
12

affirmatively object; and
13

(2) the resident's roommate's signed consent or the
14

signature of the person consenting on behalf of the
15

resident in accordance with Section 15 of this Act, if
16

applicable, and any conditions placed on the roommate's
17

consent; if a person other than the roommate signs the
18

consent form, the form must document the following:
19

(A) the date the roommate was asked if he or she
20

wants authorized electronic monitoring to be conducted
21

in accordance with subsection (a-5) of Section 15;
22

(B) who was present when the roommate was asked;
23

and
24

(C) an acknowledgement that the roommate did not
25

affirmatively object; and
26

(3) the type of electronic monitoring device to be

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1

used;
2

(4) any installation needs, such as mounting of a
3

device to a wall or ceiling;
4

(5) the proposed date of installation for scheduling
5

purposes;
6

(6) a copy of any contract for maintenance of the
7

electronic monitoring device by a commercial entity;
8

(7) a list of standard conditions or restrictions that
9

the resident or a roommate may elect to place on use of the
10

electronic monitoring device, including, but not limited
11

to:
12

(A) prohibiting audio recording;
13

(B) prohibiting broadcasting of audio or video;
14

(C) turning off the electronic monitoring device
15

or blocking the visual recording component of the
16

electronic monitoring device for the duration of an
17

exam or procedure by a health care professional;
18

(D) turning off the electronic monitoring device
19

or blocking the visual recording component of the
20

electronic monitoring device while dressing or bathing
21

is performed; and
22

(E) turning the electronic monitoring device off
23

for the duration of a visit with a spiritual advisor,
24

ombudsman, attorney, financial planner, intimate
25

partner, or other visitor; and
26

(8) any other condition or restriction elected by the

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1

resident or roommate on the use of an electronic
2

monitoring device.
3

(c) A copy of the completed notification and consent form
4
shall be placed in the resident's and any roommate's clinical
5
record and a copy shall be provided to the resident and his or
6
her roommate, if applicable.
7

(d) The Department shall prescribe the notification and
8
consent form required in this Section no later than 60 days
9
after the effective date of this Act. If the Department has not
10
prescribed such a form by that date, the Office of the Attorney
11
General shall post a notification and consent form on its
12
website for resident use until the Department has prescribed
13
the form.
14
(Source: P.A. 99-430, eff. 1-1-16
.)

15

(210 ILCS 32/25)
16

Sec. 25.
Cost and installation.
17

(a) A resident choosing to conduct authorized electronic
18
monitoring must do so at his or her own expense, including
19
paying purchase, installation, maintenance, and removal costs.
20

(b) If a resident chooses to install an electronic
21
monitoring device that uses Internet technology for visual or
22
audio monitoring, that resident is responsible for contracting
23
with an Internet service provider.
24

(c) The facility
or establishment
shall make a reasonable
25
attempt to accommodate the resident's installation needs,

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
including, but not limited to, allowing access to the
2
facility's
or establishment's
telecommunications or equipment
3
room. A facility
or establishment
has the burden of proving
4
that a requested accommodation is not reasonable.
5

(d) The electronic monitoring device must be placed in a
6
conspicuously visible location in the room.
7

(e) A facility
or establishment
may not charge the
8
resident a fee for the cost of electricity used by an
9
electronic monitoring device.
10

(f) All electronic monitoring device installations and
11
supporting services shall comply with the requirements of the
12
edition of the National Fire Protection Association (NFPA) 101
13
Life Safety Code in force at the time of installation and shall
14
remain in compliance with that or any subsequent edition of
15
NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code
16
of Federal Regulations.
17
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17
.)

18

(210 ILCS 32/30)
19

Sec. 30.
Notice to visitors.
20

(a) If a resident of a facility conducts authorized
21
electronic monitoring, a sign shall be clearly and
22
conspicuously posted at all building entrances accessible to
23
visitors. The notice must be entitled "Electronic Monitoring"
24
and must state, in large, easy-to-read type, "The rooms of
25
some residents may be monitored electronically by or on behalf

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
of the residents.".
An assisted living establishment shall not
2
be required to post the notice described in this Section at
3
building entrances.

4

(b) A sign shall be clearly and conspicuously posted at
5
the entrance to a resident's room where authorized electronic
6
monitoring is being conducted. The notice must state, in
7
large, easy-to-read type, "This room is electronically
8
monitored.".
9

(c) The facility
or establishment
is responsible for
10
installing and maintaining the signage required in this
11
Section.
12
(Source: P.A. 99-430, eff. 1-1-16
.)

13

(210 ILCS 32/40)
14

Sec. 40.
Obstruction of electronic monitoring devices.
15

(a) A person or entity is prohibited from knowingly
16
hampering, obstructing, tampering with, or destroying an
17
electronic monitoring device installed in a resident's room
18
without the permission of the resident or the individual who
19
consented on behalf of the resident in accordance with Section
20
15 of this Act.
21

(b) A person or entity is prohibited from knowingly
22
hampering, obstructing, tampering with, or destroying a video
23
or audio recording obtained in accordance with this Act
24
without the permission of the resident or the individual who
25
consented on behalf of the resident in accordance with Section

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
15 of this Act.
2

(c) A person or entity that violates this Section is
3
guilty of a Class B misdemeanor. A person or entity that
4
violates this Section in the commission of or to conceal a
5
misdemeanor offense is guilty of a Class A misdemeanor. A
6
person or entity that violates this Section in the commission
7
of or to conceal a felony offense is guilty of a Class 4
8
felony.
9

(d) It is not a violation of this Section if a person or
10
facility
or establishment
turns off the electronic monitoring
11
device or blocks the visual recording component of the
12
electronic monitoring device at the direction of the resident
13
or the person who consented on behalf of the resident in
14
accordance with Section 15 of this Act.
15
(Source: P.A. 99-430, eff. 1-1-16
.)

16

(210 ILCS 32/45)
17

Sec. 45.
Dissemination of recordings.
18

(a) A facility
or establishment
may not access any video
19
or audio recording created through authorized electronic
20
monitoring without the written consent of the resident or the
21
person who consented on behalf of the resident in accordance
22
with Section 15 of this Act.
23

(b) Except as required under the Freedom of Information
24
Act, a recording or copy of a recording made pursuant to this
25
Act may only be disseminated for the purpose of addressing

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
concerns relating to the health, safety, or welfare of a
2
resident or residents.
3

(c) The resident or person who consented on behalf of the
4
resident in accordance with Section 15 of this Act shall
5
provide a copy of any video or audio recording to parties
6
involved in a civil, criminal, or administrative proceeding,
7
upon a party's request, if the video or audio recording was
8
made during the time period that the conduct at issue in the
9
proceeding allegedly occurred.
10
(Source: P.A. 99-430, eff. 1-1-16
.)

11

(210 ILCS 32/55)
12

Sec. 55.
Report.
Each facility
or establishment
shall
13
report to the Department, in a manner prescribed by the
14
Department, the number of authorized electronic monitoring
15
notification and consent forms received annually. The
16
Department shall report the total number of authorized
17
electronic monitoring notification and consent forms received
18
by facilities
or establishment
to the Office of the Attorney
19
General annually.
20
(Source: P.A. 99-430, eff. 1-1-16
.)

21

(210 ILCS 32/60)
22

Sec. 60.
Liability.
23

(a) A facility
or establishment
is not civilly or
24
criminally liable for the inadvertent or intentional

HB4517 Enrolled
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LRB104 18029 BAB 31468 b
1
disclosure of a recording by a resident or a person who
2
consents on behalf of the resident for any purpose not
3
authorized by this Act.
4

(b) A facility
or establishment
is not civilly or
5
criminally liable for a violation of a resident's right to
6
privacy arising out of any electronic monitoring conducted
7
pursuant to this Act.
8
(Source: P.A. 99-430, eff. 1-1-16
.)

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