Bill Text: IA SF2073 | 2023-2024 | 90th General Assembly | Introduced

---

Bill Title: A bill for an act relating to electronic monitoring in long-term care facilities, and providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-01-23 - Subcommittee: Edler, Costello, and Donahue. S.J. 138. [SF2073 Detail]

Download: Iowa-2023-SF2073-Introduced.html

---

Senate File 2073 - Introduced
SENATE FILE 2073
BY DE WITT
A BILL FOR
An Act relating to electronic monitoring in long-term care
facilities, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5590XS (4) 90
pf/ko

S.F. 2073
Section 1. NEW SECTION . 135S.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Assisted living program” means the same as defined in
section 231C.2.
2. “Department” means the department of inspections,
appeals, and licensing.
3. “Electronic monitoring” means the placement of one or
more electronic monitoring devices in the room of a long-term
care facility resident.
4. “Electronic monitoring device” or “device” means a
surveillance instrument used to broadcast or record activity
or sound occurring in a room, including a video surveillance
camera or an audio device designed to acquire communications or
other sounds occurring in the room, but not to intercept wire
or electronic communications.
5. “Health care facility” means a health care facility as
defined in section 135C.1.
6. “Legal representative” means, in order of priority,
an attorney in fact under a durable power of attorney for
health care pursuant to chapter 144B or, if no durable power
of attorney for health care has been executed pursuant to
chapter 144B or if the attorney in fact is unavailable, a legal
guardian appointed pursuant to chapter 232D or 633.
7. “Long-term care facility” means a health care facility
or an assisted living program.
8. “Resident” means the resident of a health care facility
or a tenant of an assisted living program.
9. “Resident’s room” means a room in a long-term care
facility that is used as a resident’s private living quarters.
10. “Roommate” means, in a multiresident room, any resident
who uses the room as the resident’s private living quarters.
Sec. 2. NEW SECTION . 135S.2 Long-term care facility ——
electronic monitoring —— penalties.
1. A resident may conduct electronic monitoring in the
-1-
LSB 5590XS (4) 90
pf/ko 1/ 6

S.F. 2073
resident’s room subject to the requirements of this section.
2. A resident, or the resident’s legal representative,
who wishes to conduct electronic monitoring, shall notify the
long-term care facility on a form prescribed by the department.
Such form shall be maintained in the resident’s file at the
long-term care facility and shall require the resident, or the
resident’s legal representative, to do all of the following:
a. Release the long-term care facility from any civil
liability for a violation of the resident’s privacy rights in
connection with the use of the electronic monitoring device.
b. If the electronic monitoring device is a video
surveillance camera, choose whether the camera will always be
unobstructed, or will be obstructed in specified circumstances
to protect the dignity of a resident.
c. If the resident resides in a multiresident room, obtain
the consent of any roommate on a form prescribed by the
department. The long-term care facility shall provide a copy
of the completed form to the resident, any roommate, and the
department.
3. A long-term care facility shall make reasonable physical
accommodations for electronic monitoring, including all of the
following:
a. Providing a reasonably secure place to mount the
electronic monitoring device.
b. Providing access to appropriate power sources for the
electronic monitoring device.
c. Making reasonable accommodations if a resident in a
multiresident room wishes to conduct electronic monitoring
pursuant to this section and any roommate does not consent
to the monitoring, including offering to move the resident
who wishes to conduct electronic monitoring to another
multiresident room that is available or becomes available, and
in which any roommate will consent to electronic monitoring.
d. Making reasonable accommodations before moving a
prospective roommate who does not consent to electronic
-2-
LSB 5590XS (4) 90
pf/ko 2/ 6

S.F. 2073
monitoring into a multiresident room with a resident who wants
to conduct electronic monitoring.
4. A resident who is actively conducting electronic
monitoring shall remove or disable the electronic monitoring
device and obtain consent from any new roommate before the
resident resumes electronic monitoring. If a new roommate
does not consent to electronic monitoring and the resident
conducting the electronic monitoring does not remove or disable
the electronic monitoring device, the long-term care facility
may remove or disable the device and shall return the device to
the resident or the resident’s legal representative.
5. Consent may be withdrawn by the resident, the resident’s
legal representative, or any roommate at any time. The
withdrawal of consent shall be documented in the resident’s and
any roommate’s record and a copy of the withdrawal of consent
shall be provided to the department. If a roommate withdraws
consent and the resident conducting the electronic monitoring
does not remove or disable the electronic monitoring device,
the long-term care facility may remove or disable the device
and shall return the device to the resident or the resident’s
legal representative.
6. A resident, or the resident’s legal representative,
shall pay all costs associated with installing and maintaining
an electronic monitoring device authorized under this section.
7. A long-term care facility may require the resident, or
the resident’s legal representative, to place a sign near the
entrance of the resident’s room that states the room contains
an electronic monitoring device.
8. If electronic monitoring is conducted, the long-term
care facility may require the resident, or the resident’s legal
representative, to conduct the electronic monitoring in plain
view.
9. Upon or before admission to a long-term care facility, a
prospective resident shall complete and sign a form prescribed
by the department, which, after the resident’s admission, shall
-3-
LSB 5590XS (4) 90
pf/ko 3/ 6

S.F. 2073
be maintained in the resident’s file at the long-term care
facility. The form shall state all of the following:
a. That a person who places an electronic monitoring device
in a resident’s room in violation of this section, or discloses
a recording made by such device, may be civilly liable for any
unlawful violation of the privacy rights of another person.
b. That a resident, or the resident’s legal representative,
is entitled to conduct electronic monitoring in compliance with
this section.
c. The basic procedures required to obtain authorization for
electronic monitoring in a resident’s room.
d. Who may request electronic monitoring.
e. Who may consent to electronic monitoring.
f. Restrictions that a resident may elect to place on
electronic monitoring conducted in the resident’s room,
including but not limited to any of the following:
(1) Prohibiting video recording.
(2) Prohibiting audio recording.
(3) Turning off the device or blocking the visual recording
component of the device during an examination or procedure
administered by a health care professional.
(4) Turning off the device or blocking the visual recording
component of the device while the resident is dressing or
bathing.
(5) Turning off the device or blocking the visual recording
component of the device during a resident’s visit with a
spiritual adviser, ombudsman, attorney, financial planner,
intimate partner, or other visitor.
g. Any other information related to electronic monitoring
that the department deems necessary or appropriate to include
on such form.
10. A court or state agency shall not admit into evidence or
consider during any proceeding any tape or recording created
using an electronic monitoring device in a resident’s room in a
long-term care facility, whether or not authorized under this
-4-
LSB 5590XS (4) 90
pf/ko 4/ 6

S.F. 2073
section, or take or authorize any action based on such tape or
recording, unless both of the following apply:
a. If the tape or recording is a video tape or recording,
the tape or recording shows the time and date when the events
shown on the tape or recording occurred.
b. The contents of the tape or recording have not been
edited or artificially enhanced.
11. a. A person shall not knowingly hinder, obstruct,
tamper with, or destroy, without the consent of the resident
or the resident’s legal representative who authorized the
electronic monitoring, an electronic monitoring device
installed and maintained in a resident’s room in accordance
with this section.
b. A person shall not knowingly hinder, obstruct, tamper
with, or destroy, without the consent of the resident or the
resident’s legal representative who authorized the electronic
monitoring, a video or audio recording obtained in accordance
with this section.
12. A long-term care facility shall not refuse to admit
a prospective resident, discharge a resident, or otherwise
retaliate against a resident based on the prospective resident
or resident consenting to or conducting electronic monitoring.
13. The department may adopt rules pursuant to chapter 17A
to administer this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to electronic monitoring in long-term care
facilities.
The bill defines “electronic monitoring”, “electronic
monitoring device”, “legal representative”, and “long-term care
facility”.
Under the bill, a resident may conduct electronic monitoring
in the resident’s room subject to the requirements of the bill.
The requirements include notifying the long-term care facility
-5-
LSB 5590XS (4) 90
pf/ko 5/ 6

S.F. 2073
(facility) prior to utilizing electronic monitoring; releasing
the facility from any civil liability for a violation of a
resident’s privacy rights in connection with the use of the
electronic monitoring device (device); choosing whether the
camera of the device will always be unobstructed or will be
obstructed in specified circumstances to protect the dignity
of a resident; obtaining consent of any roommate; reasonable
physical accommodations by the facility for electronic
monitoring and accommodations for residents and roommates of
a multiresident room; providing for withdrawal of consent to
electronic monitoring at any time; responsibility for payment
of all costs associated with installing and maintaining the
device; signage; and consent and other forms to be completed by
a resident, roommate, or legal representative.
The bill prohibits a court or state agency from admitting
into evidence or considering during any proceeding any tape or
recording created using a device in a resident’s room, whether
or not authorized under the bill, or from taking or authorizing
any action based on such tape or recording, unless the tape or
recording shows the time and date when the events shown on the
tape or recording occurred, and the contents of the tape or
recording have not been edited or artificially enhanced.
The bill prohibits a person from knowingly hindering,
obstructing, tampering with, or destroying, without the consent
of the resident or the resident’s legal representative, a
device installed and maintained in a resident’s room or a video
or audio recording obtained in accordance with the bill.
The bill prohibits a facility from refusing to admit a
prospective resident, discharging a resident, or otherwise
retaliating against a resident based on the prospective
resident or resident consenting to or conducting electronic
monitoring.
The bill authorizes the department of inspections, appeals,
and licensing to adopt administrative rules to administer the
bill.
-6-
LSB 5590XS (4) 90
pf/ko 6/ 6