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PRINTER'S NO. 1538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1350
Session of
2025
INTRODUCED BY M. BROWN, PICKETT, SCIALABBA, ROWE, STEHR,
K.HARRIS AND COOPER, APRIL 30, 2025
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
APRIL 30, 2025
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," providing for resident care
monitoring; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
chapter to read:
CHAPTER 8-D
RESIDENT CARE MONITORING
Section 801-D. Scope of chapter.
This chapter relates to resident care monitoring.
Section 802-D. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic monitoring device." A surveillance instrument
with a fixed position video camera or an audio recording device,
or a combination of fixed position video camera or audio
recording device, that is installed in a resident's room and
broadcasts or records activities or sounds occurring in the
room.
"Facility." The term shall have the same meaning as the term
"long-term care nursing facility" is defined in section 802.1.
"Guardian." A fiduciary who has the care and management of
the estate or person of an incapacitated person under the
provisions of 20 Pa.C.S. Ch. 55 (relating to incapacitated
persons). The term includes a health care agent as defined in 20
Pa.C.S. § 5422 (relating to definitions).
"Resident." An individual who resides in a facility in this
Commonwealth.
Section 803-D. Use of electronic monitoring devices.
A resident or the guardian of the resident may authorize the
installation and use of an electronic monitoring device in the
resident's room, as provided under this chapter.
Section 804-D. Conditions of consent.
(a) Form.--
(1) A resident or the guardian of the resident who
authorizes the installation of an electronic monitoring
device in a facility shall notify the facility on an
electronic monitoring device authorization form prescribed by
the department and provided by the facility to the resident
and, if applicable, the guardian of the resident .
(2) The form in paragraph (1) shall:
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(i) Require the resident or the guardian of the
resident to choose whether the electronic monitoring
device should always be unobstructed or whether the
camera should be obstructed in specified circumstances to
protect the dignity of the resident.
(ii) Specify that the consent of other residents
residing in the same room as the resident must be
obtained regarding the use of the electronic monitoring
device.
(iii) Include:
(A) An explanation of this article.
(B) An acknowledgment that the resident or
resident's guardian has consented to the installation
and use of the electronic monitoring device in the
resident's room.
(C) For a resident who lives in a room with
another resident, an acknowledgment that the other
resident or other resident's guardian has consented
to the installation and use of the electronic
monitoring device and a description of any conditions
placed on that consent.
(D) A section for providing the facility with
information regarding the type, function and use of
the electronic monitoring device to be installed and
used.
(E) A section stating that the facility is
released from liability in a civil or criminal action
or administrative proceeding for a violation of the
resident's right to privacy in connection with using
the electronic monitoring device.
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(F) An acknowledgment that the resident is
responsible for the installation, removal and
maintenance costs, including Internet service costs
and network access costs associated with using an
electronic monitoring device.
(G) An acknowledgment that an electronic
monitoring device may not be used until the required
consent of all residents in the room has been
obtained.
(b) Written consent.--Subject to subsection (c), written
consent for an electronic monitoring device in a facility shall
be given only by:
(1) A resident who has capacity to sign the consent
form.
(2) The guardian of the resident, if the resident has
been judicially declared to lack capacity required to sign
the consent form.
(c) Residents occupying same room.--
(1) Prior to the use of the electronic monitoring
device, written consent shall be given by each other
resident, or the guardian of each other resident, who resides
in the same room as the resident for whom an electronic
monitoring device in a facility is being used.
(2) Another resident who resides in the same room as the
resident for whom an electronic monitoring device in a
facility is being used may:
(i) If the electronic monitoring device is a video
surveillance camera, condition consent on the camera
being pointed away from the resident residing in the same
room or in private areas of the room.
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(ii) Revoke that resident's consent at any time, if
the revocation is in writing. The revocation of consent
shall be kept on file at the facility on a form
prescribed by the department. A copy of the form shall be
given to the resident and, if applicable, the guardian of
the resident.
(3) The written consent under paragraph (1) shall
include that the facility is released from liability in a
civil or criminal action or administrative proceeding for a
violation of the resident's right to privacy in connection
with using the electronic monitoring device.
(d) Discrimination prohibited.--Neither a prospective
resident nor a resident may be denied admission to or discharged
from a facility or be otherwise discriminated against or
retaliated against for consenting to use an electronic
monitoring device .
(e) Requests for room changes.--A facility shall make every
effort to accommodate a resident or the guardian of the resident
desiring to utilize an electronic monitoring device to move to
another room if the resident or guardian of the resident
requests a room change within a reasonable amount of time. A
facility may not be cited by the department if the facility
cannot accommodate a room change requested for this purpose.
(f) Guardians.--The guardian of a resident shall provide:
(1) The guardian's name, address and telephone number.
(2) Documentation establishing the guardianship.
Section 805-D. Notice.
(a) Main entrances.--A facility shall post at or near its
main entrances a sign that clearly states that electronic
monitoring devices may be in use in the facility.
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(b) Residents' rooms.--Additional notice shall be displayed
at the entrance of the room of a resident with an electronic
monitoring device stating that the room is being monitored and
operation.
Section 806-D. Placement and operation.
(a) Fixed position and limitation.--An electronic monitoring
device shall be placed in a fixed position and in a conspicuous
location. An electronic monitoring device may not be placed in a
bathroom.
(b) Capabilities.--An electronic monitoring device shall be
capable of being temporarily turned on and off.
Section 807-D. Admission or discharge.
An individual or resident may not be denied admission to or
discharged from a facility or discriminated or retaliated
against because of the decision to authorize the installation
and use of an electronic monitoring device in a resident's room
in the facility.
Section 808-D. Obstruction or interception.
(a) Obstruction.--An individual, other than the resident or
resident's guardian who authorized the installation and use of
an electronic monitoring device in the resident's room in a
facility, may not intentionally obstruct, tamper with or destroy
the electronic monitoring device or a recording made by the
electronic monitoring device.
(b) Viewing.--Except as provided under subsection (c), an
individual, other than the following, may not intentionally view
or listen to the images displayed or sounds recorded by an
electronic monitoring device installed in a resident's room:
(1) The resident.
(2) The resident's guardian.
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(3) Law enforcement personnel.
(c) Authorization.--A resident or resident's guardian may
authorize an individual to view or listen to the images
displayed or sounds recorded by an electronic monitoring device
installed in a resident's room.
(d) Limitation.--Except as otherwise provided in this
section, images displayed or sounds recorded by an electronic
monitoring device installed in a resident's room may not be
shared with a third party or on the Internet.
Section 809-D. Fines and offenses .
(a) Fine.--An individual who violates section 808-D shall be
fined $100 for a first offense. For each subsequent offense, the
violator shall be fined $500.
(b) Criminal offense.-- A violation of section 808-D shall
constitute a misdemeanor of the first degree. An individual or
entity that intentionally or knowingly hampers, obstructs,
tampers with or destroys a recording or an electronic monitoring
device installed in a facility shall be subject to the penalties
prescribed in 18 Pa.C.S. § 4910 (relating to tampering with or
fabricating physical evidence) as it relates to tampering of
physical evidence.
Section 810-D. Exceptions to prohibition of interception and
disclosure of communications.
It shall not be unlawful and prior court approval shall not
be required under 18 Pa.C.S. Ch. 57 (relating to wiretapping and
electronic surveillance) for:
(1) A resident of a facility who has consented to the
installation and use of an electronic monitoring device in
the resident's room under this chapter for purposes of
listening to the sounds and audio recordings from the
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electronic monitoring device.
(2) The guardian of a resident of a facility who has
consented to the installation of an electronic monitoring
device in the resident's room under this chapter for purposes
of listening to the sounds and audio recordings from the
electronic monitoring device.
Section 811-D. Regulations and applicability.
(a) Regulations.--
(1) The department may , in consultation with the
Department of Aging, the State Long-Term Care Ombudsman,
representatives of licensed long-term care service providers
and other aging advocates, promulgate regulations to
implement this chapter .
(2) The department shall promulgate regulations
prescribing the place or places that the forms under this
section shall be maintained and the period for which the
forms shall be maintained.
(b) Effect of chapter.--Nothing in this chapter shall be
construed to supersede Federal authority regarding facilities or
prevent the department from taking necessary actions to render
the Commonwealth eligible for Federal funds or reimbursement
services provided in facilities.
(c) Law enforcement.--This chapter shall not apply if an
electronic monitoring device is installed by a law enforcement
agency and used solely for a bona fide law enforcement purpose.
Section 2. This act shall take effect in 60 days.
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