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House
File
664
-
Introduced
HOUSE
FILE
664
BY
BODEN
,
GEHLBACH
,
TUREK
,
GUSTOFF
,
GOLDING
,
GEARHART
,
KNIFF
MCCULLA
,
ANDREWS
,
SRINIVAS
,
GERHOLD
,
DUNWELL
,
THOMPSON
,
SHIPLEY
,
HENDERSON
,
and
HORA
A
BILL
FOR
An
Act
relating
to
the
requirements
for
authorized
electronic
1
monitoring
in
nursing
facilities,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
135C.49
Definitions.
1
As
used
in
this
subchapter,
unless
the
context
otherwise
2
requires:
3
1.
“Electronic
monitoring”
means
the
placement
and
use
of
an
4
electronic
monitoring
device
by
a
resident
in
the
resident’s
5
room
in
accordance
with
this
subchapter.
6
2.
“Electronic
monitoring
device”
means
a
camera
or
other
7
device
that
captures,
records,
or
broadcasts
audio,
video,
8
or
both,
that
is
placed
in
a
resident’s
room
and
is
used
to
9
monitor
the
resident
or
activities
in
the
room.
10
3.
“Resident”
means
an
individual
admitted
to
a
nursing
11
facility
in
a
manner
prescribed
in
section
135C.23.
12
4.
“Resident
representative”
means
one
of
the
following
in
13
the
order
of
priority
listed,
to
the
extent
the
person
may
14
reasonably
be
identified
and
located:
15
a.
The
attorney
in
fact
designated
to
make
treatment
16
decisions
for
the
resident
in
accordance
with
chapter
144B.
17
b.
The
guardian
of
the
resident
if
one
has
been
appointed
18
pursuant
to
chapter
633.
19
c.
The
resident’s
spouse.
20
d.
An
adult
child
of
the
resident
or,
if
the
resident
has
21
more
than
one
adult
child,
a
majority
of
the
adult
children
who
22
are
reasonably
available.
23
e.
A
parent
of
the
resident,
or
parents
if
both
are
24
reasonably
available.
25
f.
An
adult
sibling
of
the
resident.
26
Sec.
2.
NEW
SECTION
.
135C.50
Electronic
monitoring.
27
1.
A
resident
or
a
resident
representative
may
conduct
28
electronic
monitoring
of
the
resident’s
room
through
the
use
of
29
an
electronic
monitoring
device
placed
in
the
resident’s
room
30
pursuant
to
this
subchapter.
31
2.
Nothing
in
this
section
precludes
the
use
of
electronic
32
monitoring
otherwise
allowed
by
law.
33
Sec.
3.
NEW
SECTION
.
135C.51
Consent
to
electronic
34
monitoring.
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1.
Except
as
otherwise
provided
in
this
subchapter,
1
a
resident
must
consent
to
electronic
monitoring
in
the
2
resident’s
room
in
writing
on
a
notification
and
consent
3
form
prescribed
by
the
department.
If
the
resident
has
4
not
affirmatively
objected
to
electronic
monitoring
and
the
5
resident’s
medical
professional
determines
that
the
resident
6
lacks
the
ability
to
understand
and
appreciate
the
nature
7
and
consequences
of
electronic
monitoring,
the
resident
8
representative
may
consent
on
behalf
of
the
resident.
For
9
purposes
of
this
subsection,
a
resident
affirmatively
objects
10
when
the
resident
orally,
visually,
or
through
the
use
of
11
auxiliary
aids
or
services
declines
electronic
monitoring.
The
12
resident’s
response
shall
be
documented
on
the
notification
and
13
consent
form.
14
2.
Prior
to
a
resident
representative
consenting
on
behalf
15
of
a
resident,
the
resident
shall
be
asked
if
the
resident
16
wants
electronic
monitoring
to
be
conducted.
The
resident
17
representative
shall
explain
all
of
the
following
to
the
18
resident:
19
a.
The
type
of
electronic
monitoring
device
to
be
used.
20
b.
The
standard
conditions
or
restrictions
that
may
be
21
placed
on
the
electronic
monitoring
device’s
use
including
as
22
specified
in
the
list
of
standard
conditions
or
restrictions
23
contained
in
the
notification
and
consent
form
completed
by
the
24
resident
as
provided
in
section
135C.54.
25
c.
The
dissemination
and
use
of
any
recording
as
provided
26
under
section
135C.58
or
135C.59.
27
d.
The
resident’s
ability
to
decline
all
recordings.
28
3.
A
resident,
or
resident
representative
when
consenting
29
on
behalf
of
the
resident,
may
consent
to
electronic
monitoring
30
with
any
conditions
or
restrictions
of
the
resident’s
or
31
resident
representative’s
choosing,
including
the
list
32
of
standard
conditions
or
restrictions
contained
in
the
33
notification
and
consent
form
completed
by
the
resident
34
as
provided
in
section
135C.54.
A
resident,
or
resident
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representative
when
consenting
on
behalf
of
the
resident,
may
1
request
that
the
electronic
monitoring
device
be
turned
off
2
or
the
visual
or
audio
recording
component
of
the
electronic
3
monitoring
device
be
blocked
at
any
time.
4
4.
Prior
to
implementing
electronic
monitoring,
a
resident,
5
or
resident
representative
when
acting
on
behalf
of
the
6
resident,
shall
obtain
the
written
consent
on
the
notification
7
and
consent
form
of
any
other
resident
who
is
a
roommate
8
residing
in
the
shared
room.
A
roommate’s
or
roommate’s
9
resident
representative’s
written
consent
shall
comply
with
10
the
requirements
of
this
section.
Consent
by
a
roommate
or
11
a
roommate’s
resident
representative
under
this
subsection
12
authorizes
the
resident’s
use
of
any
recording
obtained
under
13
this
section
as
provided
under
sections
135C.58
and
135C.59.
14
5.
Any
resident
conducting
electronic
monitoring
shall
15
immediately
remove
or
disable
an
electronic
monitoring
device
16
prior
to
a
new
resident
who
will
be
a
roommate
moving
into
17
a
shared
room,
unless
the
resident
conducting
electronic
18
monitoring
obtains
the
new
roommate’s
or
new
roommate’s
19
resident
representative’s
written
consent
as
provided
under
20
this
section
prior
to
the
new
roommate
moving
into
the
shared
21
room.
Upon
obtaining
the
new
roommate’s
or
new
roommate’s
22
resident
representative’s
signed
notification
and
consent
form
23
and
submitting
the
form
to
the
nursing
facility
as
required
24
under
section
135C.53,
the
resident
may
resume
electronic
25
monitoring.
26
6.
The
resident
or
roommate,
or
the
resident
representative
27
or
roommate’s
resident
representative
if
the
representative
is
28
consenting
on
behalf
of
the
resident
or
roommate,
may
withdraw
29
consent
at
any
time
and
the
withdrawal
of
consent
shall
be
30
documented
on
the
original
consent
form
as
provided
under
31
section
135C.53.
32
Sec.
4.
NEW
SECTION
.
135C.52
Refusal
of
roommate
to
33
consent.
34
If
a
resident
of
a
nursing
facility
who
is
residing
in
a
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shared
room,
or
the
resident
representative
of
such
a
resident
1
when
acting
on
behalf
of
the
resident,
wants
to
conduct
2
electronic
monitoring
and
another
resident
living
in
or
moving
3
into
the
same
shared
room
refuses
to
consent
to
the
use
of
an
4
electronic
monitoring
device,
the
nursing
facility
shall
make
5
a
reasonable
attempt
to
accommodate
the
resident
who
wants
to
6
conduct
electronic
monitoring.
A
nursing
facility
has
met
7
the
requirement
to
make
a
reasonable
attempt
to
accommodate
8
a
resident
or
resident
representative
who
wants
to
conduct
9
electronic
monitoring
when,
upon
notification
that
a
roommate
10
has
not
consented
to
the
use
of
an
electronic
monitoring
device
11
in
the
resident’s
room,
the
nursing
facility
offers
to
move
one
12
of
the
residents
to
another
shared
room
that
is
available
at
13
the
time
of
the
request
that
accommodates
the
resident.
If
14
a
resident
chooses
to
reside
in
a
private
room
in
order
to
15
accommodate
the
use
of
an
electronic
monitoring
device,
the
16
resident
shall
be
subject
to
a
private
room
rate.
If
a
nursing
17
facility
is
unable
to
accommodate
a
resident
due
to
lack
of
18
space,
the
nursing
facility
shall
reevaluate
the
request
19
periodically
until
the
request
is
fulfilled.
20
Sec.
5.
NEW
SECTION
.
135C.53
Notice
and
consent
form
21
submitted
to
nursing
facility.
22
1.
Electronic
monitoring
may
begin
only
after
the
resident
23
or
resident
representative
who
intends
to
place
an
electronic
24
monitoring
device
in
the
resident’s
room
and
any
roommate
or
25
roommate’s
resident
representative
completes
a
notification
and
26
consent
form
and
submits
the
form
to
the
nursing
facility.
27
2.
Upon
receipt
of
the
required,
completed
notification
and
28
consent
form,
the
nursing
facility
shall
place
the
original
29
form
in
the
resident’s
file,
and
a
copy
of
the
form
in
any
30
roommate’s
file.
The
nursing
facility
shall
provide
a
copy
to
31
the
resident
and
the
resident’s
roommate,
as
applicable.
32
3.
If
a
resident
or
roommate,
or
the
resident
representative
33
or
roommate’s
resident
representative
if
the
representative
34
is
consenting
on
behalf
of
the
resident
or
roommate,
chooses
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to
alter
the
conditions
under
which
consent
to
electronic
1
monitoring
is
given
or
chooses
to
withdraw
consent
to
2
electronic
monitoring,
the
nursing
facility
shall
make
3
available
the
original
notification
and
consent
form
so
that
4
the
original
form
may
be
updated.
Upon
receipt
of
the
updated
5
original
form,
the
nursing
facility
shall
place
the
updated
6
original
form
in
the
resident’s
file.
The
nursing
facility
7
shall
provide
a
copy
of
the
updated
form
to
the
resident
and
8
the
resident’s
roommate,
as
applicable.
9
4.
If
a
new
roommate,
or
the
new
roommate’s
resident
10
representative
when
consenting
on
behalf
of
the
new
roommate,
11
does
not
consent
to
electronic
monitoring
and
submit
a
12
completed
notification
and
consent
form
to
the
nursing
13
facility,
and
the
resident
conducting
the
electronic
monitoring
14
does
not
remove
or
disable
an
existing
electronic
monitoring
15
device,
the
nursing
facility
shall
remove
the
electronic
16
monitoring
device.
17
5.
If
a
roommate,
or
the
roommate’s
resident
representative
18
when
withdrawing
consent
on
behalf
of
the
roommate,
submits
19
an
updated
notification
and
consent
form
withdrawing
consent
20
and
the
resident
conducting
electronic
monitoring
does
not
21
remove
or
disable
the
electronic
monitoring
device,
the
nursing
22
facility
shall
remove
the
electronic
monitoring
device.
23
Sec.
6.
NEW
SECTION
.
135C.54
Notification
and
consent
form
24
requirements.
25
1.
The
notification
and
consent
form
completed
by
the
26
resident
shall
include,
at
a
minimum,
all
of
the
following
27
information:
28
a.
The
resident’s
signed
consent
to
electronic
monitoring
or
29
the
signature
of
the
resident
representative,
if
applicable.
30
If
a
resident
representative
signs
the
consent
form,
the
form
31
shall
document
all
of
the
following:
32
(1)
The
date
the
resident
was
asked
if
the
resident
wants
33
electronic
monitoring
to
be
conducted.
34
(2)
Any
person
present
when
the
resident
was
asked.
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(3)
An
acknowledgment
that
the
resident
did
not
1
affirmatively
object.
2
(4)
The
source
of
authority
allowing
the
resident
3
representative
to
sign
the
notification
and
consent
form
on
the
4
resident’s
behalf.
5
b.
The
resident’s
roommate’s
signed
consent
or
the
signature
6
of
the
roommate’s
resident
representative,
if
applicable.
If
a
7
roommate’s
resident
representative
signs
the
consent
form,
the
8
form
shall
document
all
of
the
following:
9
(1)
The
date
the
roommate
was
asked
if
the
roommate
wants
10
electronic
monitoring
to
be
conducted.
11
(2)
Any
person
present
when
the
roommate
was
asked.
12
(3)
An
acknowledgment
that
the
roommate
did
not
13
affirmatively
object.
14
(4)
The
source
of
authority
allowing
the
resident
15
representative
to
sign
the
notification
and
consent
form
on
the
16
roommate’s
behalf.
17
c.
The
type
of
electronic
monitoring
device
to
be
used.
18
d.
Any
installation
needs,
such
as
mounting
of
a
device
to
19
a
wall
or
ceiling.
20
e.
The
proposed
date
of
installation
for
scheduling
21
purposes.
22
f.
A
copy
of
any
contract
for
maintenance
of
the
electronic
23
monitoring
device
by
a
commercial
entity.
24
g.
A
list
of
standard
conditions
or
restrictions
that
the
25
resident
or
a
roommate
may
elect
to
place
on
the
use
of
the
26
electronic
monitoring
device
including
but
not
limited
to
all
27
of
the
following:
28
(1)
Prohibiting
audio
recording.
29
(2)
Prohibiting
video
recording.
30
(3)
Prohibiting
broadcasting
of
audio
or
video.
31
(4)
Turning
off
the
electronic
monitoring
device
or
32
blocking
the
visual
recording
component
of
the
electronic
33
monitoring
device
for
the
duration
of
an
exam
or
procedure
by
a
34
health
care
professional.
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Turning
off
the
electronic
monitoring
device
or
1
blocking
the
visual
recording
component
of
the
electronic
2
monitoring
device
while
dressing
or
bathing
is
performed.
3
(6)
Turning
off
the
electronic
monitoring
device
for
4
the
duration
of
a
visit
with
a
spiritual
adviser,
ombudsman,
5
attorney,
financial
planner,
intimate
partner,
or
other
6
visitor.
7
h.
Any
other
condition
or
restriction
elected
by
the
8
resident
or
roommate
on
the
use
of
an
electronic
monitoring
9
device.
10
i.
A
statement
of
the
circumstances
under
which
a
recording
11
may
be
disseminated
under
section
135C.58.
12
j.
A
signature
box
to
document
if
the
resident
or
roommate
13
withdraws
consent.
14
2.
A
nursing
facility
shall
make
the
notification
and
15
consent
form
available
to
the
residents
and
inform
residents
of
16
the
option
to
conduct
electronic
monitoring
of
the
resident’s
17
room.
18
Sec.
7.
NEW
SECTION
.
135C.55
Cost
and
installation.
19
1.
A
resident
who
chooses
to
conduct
electronic
monitoring
20
shall
do
so
at
the
resident’s
own
expense,
including
payment
of
21
any
purchase,
installation,
maintenance,
and
removal
costs.
22
2.
If
a
resident
chooses
to
place
an
electronic
monitoring
23
device
that
uses
internet
technology
for
visual
or
audio
24
monitoring,
the
resident
may
be
responsible
for
contracting
25
with
an
internet
service
provider.
26
3.
The
nursing
facility
shall
make
a
reasonable
attempt
27
to
accommodate
the
resident’s
installation
needs,
including
28
allowing
access
to
the
nursing
facility’s
public-use
internet
29
or
wi-fi
systems
when
available
for
other
public
uses.
30
4.
All
electronic
monitoring
device
installations
and
31
supporting
services
shall
comply
with
the
requirements
of
the
32
national
fire
protection
association
101
life
safety
code.
33
5.
A
nursing
facility
shall
not
charge
a
resident
a
fee
34
for
the
costs
of
electricity
used
by
the
electronic
monitoring
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device.
1
Sec.
8.
NEW
SECTION
.
135C.56
Notice
to
visitors.
2
1.
A
nursing
facility
shall
post
a
sign
at
each
nursing
3
facility
entrance
accessible
to
visitors
that
states
4
“Electronic
monitoring
devices
may
be
present
in
the
rooms
of
5
residents
to
record
persons
and
activities”.
6
2.
A
nursing
facility
shall
post
a
sign
clearly
and
7
conspicuously
at
the
entrance
to
a
resident’s
room
where
8
electronic
monitoring
is
being
conducted.
The
notice
shall
9
state
“This
room
is
electronically
monitored”.
10
3.
The
nursing
facility
is
responsible
for
installing
and
11
maintaining
the
signage
required
in
this
section.
12
Sec.
9.
NEW
SECTION
.
135C.57
Obstruction
of
electronic
13
monitoring
devices.
14
1.
A
person
shall
not
knowingly
hamper,
obstruct,
tamper
15
with,
or
destroy
an
electronic
monitoring
device
placed
in
16
a
resident’s
room
without
the
permission
of
the
resident
or
17
resident
representative.
18
2.
A
person
shall
not
knowingly
hamper,
obstruct,
tamper
19
with,
or
destroy
a
video
or
audio
recording
obtained
through
20
the
use
of
an
electronic
monitoring
device
in
accordance
with
21
this
subchapter.
22
3.
It
is
not
a
violation
of
this
section
for
a
person
to
23
turn
off
the
electronic
monitoring
device
or
block
the
visual
24
recording
component
of
the
electronic
monitoring
device
at
the
25
direction
of
the
resident
or
resident
representative,
or
if
26
consent
has
been
withdrawn.
27
4.
A
person
who
violates
this
section
is
guilty
of
a
serious
28
misdemeanor.
29
Sec.
10.
NEW
SECTION
.
135C.58
Dissemination
of
recordings.
30
1.
A
person
shall
not
access
any
video
or
audio
recording
31
created
through
electronic
monitoring
under
this
subchapter
32
without
the
written
consent
of
the
resident
or
resident
33
representative.
34
2.
Except
as
otherwise
required
by
law,
a
recording
or
copy
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of
a
recording
created
as
provided
in
this
subchapter
may
only
1
be
disseminated
for
the
purpose
of
addressing
health,
safety,
2
or
welfare
concerns
of
a
resident.
3
3.
A
person
accessing
or
disseminating
a
recording
or
copy
4
of
a
recording
created
as
provided
in
this
section
in
violation
5
of
this
section
is
guilty
of
a
serious
misdemeanor.
6
Sec.
11.
NEW
SECTION
.
135C.59
Admissibility
of
evidence.
7
Subject
to
applicable
rules
of
evidence
and
procedure,
any
8
video
or
audio
recording
created
through
electronic
monitoring
9
under
this
subchapter
may
be
admitted
into
evidence
in
a
civil,
10
criminal,
or
administrative
proceeding
if
the
contents
of
the
11
recording
have
not
been
edited
or
artificially
enhanced
and
the
12
recording
includes
the
date
and
time
the
events
occurred.
13
Sec.
12.
NEW
SECTION
.
135C.60
Liability
——
penalties.
14
1.
A
nursing
facility
is
not
civilly
or
criminally
liable
15
for
the
disclosure
of
a
recording
by
a
resident
or
a
person
who
16
consents
on
behalf
of
a
resident
for
any
purpose
not
authorized
17
by
this
subchapter.
18
2.
A
nursing
facility
is
not
civilly
or
criminally
liable
19
for
a
violation
of
a
resident’s
right
to
privacy
arising
out
20
of
any
electronic
monitoring
conducted
in
accordance
and
in
21
compliance
with
this
subchapter.
22
3.
A
nursing
facility
that
knowingly
violates
this
23
subchapter
shall
be
subject
to
licensee
discipline.
24
Sec.
13.
NEW
SECTION
.
135C.61
Resident
protections.
25
1.
A
nursing
facility
shall
not
do
any
of
the
following:
26
a.
Refuse
to
admit
a
potential
resident
or
remove
a
resident
27
because
the
nursing
facility
disagrees
with
the
potential
28
resident’s
or
the
resident’s
decisions
regarding
electronic
29
monitoring,
whether
the
decision
is
made
by
a
resident
or
a
30
resident
representative
acting
on
behalf
of
the
resident.
31
b.
Retaliate
or
discriminate
against
any
resident
for
32
consenting
or
refusing
to
consent
to
electronic
monitoring.
33
c.
Prevent
the
placement
or
use
of
an
electronic
monitoring
34
device
by
a
resident
who
has
provided
the
nursing
facility
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with
the
notification
and
consent
form
as
required
under
this
1
subchapter.
2
2.
Any
contractual
provision
prohibiting,
limiting,
3
or
otherwise
modifying
the
rights
and
obligations
in
this
4
subchapter
is
contrary
to
public
policy
and
is
void
and
5
unenforceable.
6
Sec.
14.
NEW
SECTION
.
135C.62
Report
to
department.
7
A
nursing
facility
shall
report
to
the
department,
in
a
8
manner
prescribed
by
the
department,
the
number
of
electronic
9
monitoring
device
notification
and
consent
forms
received
by
10
the
nursing
facility
on
an
annual
basis.
11
Sec.
15.
DIRECTIVE
TO
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
12
AND
LICENSING.
The
department
of
inspections,
appeals,
and
13
licensing
shall
prescribe
by
rule
pursuant
to
chapter
17A
the
14
notification
and
consent
form
described
in
this
Act,
and
shall
15
make
the
form
available
on
the
department’s
internet
site.
16
Sec.
16.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
codify
17
the
provisions
of
this
Act
as
a
new
subchapter
of
chapter
135C
18
entitled
“Electronic
Monitoring”.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
provides
for
authorized
electronic
monitoring
in
23
nursing
facilities.
24
The
bill
provides
that
a
nursing
facility
resident
or
a
25
resident
representative
may
conduct
electronic
monitoring
26
of
the
resident’s
room
through
the
use
of
electronic
27
monitoring
devices
placed
in
the
resident’s
room
pursuant
28
to
the
bill.
The
bill
specifies
the
consents
that
must
be
29
obtained
for
a
resident
to
conduct
electronic
monitoring
30
in
the
resident’s
room,
including
from
any
roommate;
the
31
process
to
be
followed
if
a
roommate
refuses
to
consent;
the
32
provision
of
notice
to
the
nursing
facility;
the
notification
33
and
consent
form
requirements;
the
responsibility
for
the
34
cost
and
installation
relating
to
the
electronic
monitoring;
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penalties
for
obstruction
of
electronic
monitoring
devices;
1
the
dissemination
of
recordings
created
through
electronic
2
monitoring;
the
admissibility
of
evidence
created
through
3
electronic
monitoring;
liability
and
penalties
for
violations
4
of
the
bill;
resident
protections;
and
reporting
requirements.
5
The
bill
also
directs
the
department
of
inspections,
appeals,
6
and
licensing
to
prescribe
the
notification
and
consent
form
7
described
in
the
bill
and
to
make
the
form
available
on
the
8
department’s
internet
site.
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