An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, providing for electronic monitoring of in-home supportive care; and making editorial changes.

PRINTER'S NO. 1503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1309
Session of
2025
INTRODUCED BY ORTITAY, ROWE AND NEILSON, APRIL 28, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2025
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing for electronic
monitoring of in-home supportive care; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article VI of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, is amended by adding a
subarticle heading immediately preceding section 601 to read:
SUBARTICLE A
LIFE PROGRAM
Section 2. Article VI of the act is amended by adding a
subarticle to read:
SUBARTICLE B
ELECTRONIC MONITORING OF IN-HOME SUPPORTIVE CARE
Section 611. Scope of subarticle.
This subarticle relates to monitoring of care recipients.
Section 612. Definitions.
The following words and phrases when used in this subarticle
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Care recipient." An individual enrolled in the LIFE program
who receives in-home supportive care in the individual's home in
this Commonwealth.
"Caregiver." An individual providing in-home supportive care
to a care recipient through the LIFE program.
"Electronic monitoring device." A video surveillance
instrument installed in the home of a care recipient receiving
in-home supportive care in the care recipient's home in
accordance with this subarticle, which broadcasts, photographs
or records visual activity occurring in the care recipient's
home.
"Guardian." A fiduciary who has the care and management of
the estate or person of an incapacitated person under 20 Pa.C.S.
Ch. 55 (relating to incapacitated persons).
"Home." A residential dwelling that does not include any
facility that is owned, rented, leased, operated by or licensed
by the Department of Health or the department.
"In-home supportive care." Services provided by the LIFE
program in a care recipient's home.
"LIFE program." As defined in section 602(d).
"Unauthorized electronic monitoring device." An electronic,
mechanical or other means of monitoring a wire or electronic
communication that does not meet the provisions of this
subarticle and is specifically used for the nonconsensual
interception of wire or electronic communications.
Section 613. Notification of electronic monitoring device.
(a) Notification.--Before a care recipient receives in-home
supportive care from a caregiver, the care recipient or the
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guardian of the care recipient shall notify the caregiver in
writing whether an electronic monitoring device is present.
(b) Presence.--If an electronic monitoring device is present
in the care recipient's home, the care recipient or guardian of
the care recipient shall notify the caregiver in writing of the
following:
(1) The location of the electronic monitoring device.
(2) The specifics of the electronic monitoring device,
including the type, function and use of the electronic
monitoring device.
(3) Notification of the prohibition of audio recording
under 18 Pa.C.S. Ch. 57 (relating to wiretapping and
electronic surveillance).
(4) While providing in-home supportive care, the
caregiver consents to being recorded visually.
(5) Notice of release from liability for privacy
violation through the use of the electronic monitoring
device.
(6) A release from civil liability on the part of a
caregiver for a violation of the care recipient's privacy
rights regarding the use of the electronic monitoring device
in the care recipient's home.
(c) Form.--The caregiver may provide a form to the care
recipient or the guardian of the care recipient to obtain the
required information under subsection (b).
Section 614. Restrictions.
(a) Electronic monitoring device restrictions.--An
electronic monitoring device in a care recipient's home may not:
(1) Record audio.
(2) Be placed in a bathroom.
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(3) Be obstructed.
(b) Privacy and dignity.--The privacy and dignity of a care
recipient should be considered when installing, moving and
establishing placement of an electronic monitoring device.
Section 615. Electronic monitoring device requirements.
The following apply to an electronic monitoring device in a
care recipient's home:
(1) The electronic monitoring device shall be placed in
a conspicuous location.
(2) If the electronic monitoring device records activity
visually, the recording shall denote the date and time.
(3) Any cost incurred with the installation, maintenance
or removal of an electronic monitoring device shall be the
responsibility of the care recipient or guardian of the care
recipient.
(4) The electronic monitoring device shall have the
capability to turn on and off.
Section 616. Optional requirements.
A caregiver may require additional information from the care
recipient or the guardian of the care recipient about an
electronic monitoring device in the care recipient's home.
Section 617. Discrimination prohibited.
A care recipient may not be denied care or be otherwise
discriminated against or retaliated against for usage of an
electronic monitoring device in the care recipient's home.
Section 618. Notice.
A care recipient or guardian of a care recipient shall post
at or near the entrance of a room in the care recipient's home
with an electronic monitoring device a sign that clearly states
the room is being monitored by an electronic monitoring device.
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Section 619. Access to recordings or photographs.
A video recording or photograph produced from an electronic
monitoring device in a care recipient's home shall be considered
the personal property of the care recipient and the caregiver
may not access the recording or photograph without the written
consent of the care recipient or the guardian of the care
recipient. The following apply:
(1) A person or entity that distributes material
obtained from an electronic monitoring device with the intent
to ridicule or demean the care recipient shall be subject to
the penalties prescribed in 18 Pa.C.S. § 2713.1 (relating to
abuse of care-dependent person).
(2) A violation of this section shall constitute a
misdemeanor of the third degree.
Section 620. Prohibition of obstruction or interception.
(a) Prohibition.--A person or entity may not intentionally
hamper, obstruct, tamper with or destroy an electronic
monitoring device installed in a care recipient's home.
(b) Criminal offense.--
(1) A violation of this section shall constitute a
misdemeanor of the second degree.
(2) A person or entity that intentionally or knowingly
hampers, obstructs, tampers with or destroys a recording or
an electronic monitoring device installed in a care
recipient's home shall be subject to the penalties prescribed
under 18 Pa.C.S. § 4910 (relating to tampering with or
fabricating physical evidence) as it relates to tampering of
physical evidence.
(c) Interception, disclosure and use of intercepted
communications.--A person or entity may not intercept a
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communication or disclose or use an intercepted communication of
an electronic monitoring device placed or installed in a care
recipient's home without the express written consent of the care
recipient or the guardian of the care recipient.
Section 621. Admissibility of evidence.
(a) Unauthorized material inadmissible.--In a civil action
against a care recipient or caregiver, material obtained through
the use of an unauthorized electronic monitoring device shall be
inadmissible as evidence.
(b) Immunity.--Compliance with this section shall be a
complete defense against a civil or criminal action brought
against the care recipient or guardian of the care recipient for
the use or presence of an electronic monitoring device.
Section 622. Regulations.
The department may, in consultation with the Department of
Health, representatives of in-home supportive care providers and
other aging advocates, promulgate regulations to implement this
subarticle.
Section 623. Temporary regulations.
(a) Authority.--In order to facilitate the prompt
implementation of this subarticle, the department may promulgate
temporary regulations that shall expire no later than three
years following the publication of the temporary regulations.
The department may promulgate temporary regulations not subject
to:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
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(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--The authority of the department to adopt
temporary regulations under subsection (a) shall expire two
years after the effective date of this section. Regulations
adopted after this period shall be promulgated as provided by
law before the expiration of the temporary regulations under
subsection (a).
Section 3. This act shall take effect in 60 days.
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