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sb154_01_PSC
As Pending in the Senate Health Committee
136th
General Assembly
Regular
Session
Sub. S. B. No. 154
2025-2026
Senator Ingram
Cosponsors: Senators DeMora, Craig,
Antonio, Smith
To
amend sections 3721.60, 3721.61, 3721.63, and 3721.65 of the Revised
Code
to
make changes regarding electronic monitoring of a resident's room in
a long-term care facility.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3721.60, 3721.61, 3721.63, and 3721.65 of the Revised Code
be amended to read as follows:
Sec.
3721.60.
As
used in sections 3721.60 to 3721.67 of the Revised Code:
(A)
"Attorney in fact" means a person designated as such by a
durable power of attorney for health care executed pursuant to
sections 1337.11 to 1337.17 of the Revised Code.
(B)
"Electronic monitoring device" means a surveillance
instrument with a fixed position video camera or an audio recording
device, or a combination thereof, that is installed in a resident's
room and broadcasts or records activities or sounds occurring in the
room.
(C)
"Guardian" has the same meaning as in section 2111.01 of
the Revised Code.
(D)
"Long-term care facility" has the same meaning as in
section 3721.21 of the Revised Code
and also includes a residential care facility as defined in section
3721.01 of the Revised Code
.
(E)
"Resident" means an individual who resides in a long-term
care facility.
Sec.
3721.61.
(A)
Subject to section 3721.62 of the Revised Code, a resident or a
resident's guardian or attorney in fact may authorize the
installation and use of an electronic monitoring device in the
resident's room in a long-term care facility.
If a long-term care facility does not provide an electronic
monitoring device pursuant to division (D) of this section, the
resident, guardian, or attorney in fact may select any electronic
monitoring device that is compatible with the internet access
infrastructure and security protocols of the facility.
(B)
The installation and use of an electronic monitoring device may be
authorized only if both of the following conditions are met:
(1)
If a long-term care facility has prescribed a form described in
section 3721.63 of the Revised Code, the resident or resident's
guardian or attorney in fact completes the form and submits it to the
facility.
(2)
The
Subject
to division (C) of this section, if a long-term care facility does
not provide an electronic monitoring device pursuant to division (D)
of this section, the
cost
of the device and the cost of installing, maintaining, and removing
the device, other than the cost of electricity for the device, is
paid for by the resident or the resident's guardian or attorney in
fact.
(C)
(C)(1)
Except as provided in division (D) of this section, a long-term care
facility may charge a fee for the installation of an electronic
monitoring device in a resident's room. The in-room installation fee
shall not exceed the cost of the time and materials required for
installation.
(2)
A long-term care facility shall provide internet access, to the
extent internet access is available to the facility, to a resident
who wishes to have electronic monitoring.
(3)
Except as provided in division (D) of this section, a long-term care
facility may charge a fee to provide an internet connection for the
installation and use of an electronic monitoring device in a
resident's room that does not exceed the cost of time and materials
involved in installing the electronic monitoring device. A long-term
care facility shall not charge a fee to any resident for the
installation of the facility's initial internet infrastructure or
expansion of the facility's internet infrastructure.
(a)
For a resident of a nursing facility as defined in the "Social
Security Act," section 1919(a), 42 U.S.C. 1396r(a) who is a
medicaid recipient, the fee shall not exceed ten per cent of the
resident's monthly personal needs allowance calculated pursuant to
section 5163.33 of the Revised Code.
(b)
For a resident of a residential care facility as defined in section
3721.01 of the Revised Code who is enrolled in the medicaid-funded
component of the assisted living program, the fee shall not exceed
ten per cent of the resident's monthly personal needs allowance as
established for that component.
(D)
A long-term care facility may choose to provide an electronic
monitoring device to a resident if the resident or the resident's
guardian or attorney in fact authorizes the installation and use of
an electronic monitoring device in the resident's room.
(1)
A long-term care facility that chooses to provide an electronic
monitoring device shall respect the resident's, guardian's, or
attorney in fact's preference for a fixed position video camera, an
audio recording device, or a combination thereof.
(2)
A long-term care facility that chooses to provide an electronic
monitoring device to a resident shall not charge any fee for the
installation and use of the device, including any fee to provide an
internet connection for the installation and use of the device in the
resident's room.
(E)
A
resident who has authorized the installation and use of an electronic
monitoring device may withdraw that authorization at any time.
Sec.
3721.63.
A
long-term care facility may prescribe a form for use by a resident or
resident's guardian or attorney in fact seeking to authorize the
installation and use of an electronic monitoring device in the
resident's room in a long-term care facility. If a long-term care
facility prescribes a form, it shall, at a minimum, include all of
the following:
(A)
An explanation of sections 3721.60 to 3721.67 of the Revised Code;
(B)
An acknowledgment that the resident or resident's guardian or
attorney in fact has consented to the installation and use of the
device in the resident's room;
(C)
In the case of a resident who lives in a room with another resident,
an acknowledgment that the other resident or other resident's
guardian or attorney in fact has consented to the installation and
use of the device and a description of any conditions placed on that
consent pursuant to division (B)(2) of section 3721.62 of the Revised
Code;
(D)
A section for providing the facility with information regarding the
type, function, and use of the device
selected by the resident or the resident's guardian or attorney in
fact
to be installed and used;
(E)
A section stating that the facility is released from liability in any
civil or criminal action or administrative proceeding for a violation
of the resident's right to privacy in connection with using the
device.
Sec.
3721.65.
No
person
or resident
long-term
care facility
shall
be
denied
do
either of the following:
(A)
Prohibit the installation and use of an electronic monitoring device
that has two-way audio and video communication abilities;
(B)
Deny
admission
to or
discharged
discharge
from
a long-term care facility or otherwise
discriminated
discriminate
or
retaliated
retaliate
against
a
person or resident
because
of the decision to authorize the installation and use of an
electronic monitoring device in a resident's room in the facility.
Section
2.
That
existing sections 3721.60, 3721.61, 3721.63, and 3721.65 of the
Revised Code are hereby repealed.