New Jersey-2012-S669-Introduced

An Act concerning voluntary use of electronic monitoring devices in nursing homes and supplementing Title 26 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. A nursing home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall permit a resident to be monitored or the resident's legal representative to monitor the resident in the resident's room through the use of an electronic monitoring device in accordance with the provisions of this act. A nursing home shall inform a resident and the resident's legal representative of the resident's right to electronic monitoring. As used in this act, "electronic monitoring device" means a video surveillance camera, audio device, video telephone, or Internet video surveillance device.

a. The nursing home may require the resident or the resident's legal representative who seeks to install the electronic monitoring device to make the request to the facility in writing.

b. The nursing home shall not refuse to admit an individual to the facility or remove a resident from the facility because of a request for electronic monitoring.

c. The resident or the resident's legal representative who engages in electronic monitoring shall permit the nursing home to post a notice on the door of the resident's room that states that the room is being monitored by an electronic monitoring device.

d. The electronic monitoring shall be funded by the resident or the resident's legal representative.

e. The electronic monitoring shall:

(1) be noncompulsory and at the election of the resident or the resident's legal representative;

(2) at the request of the nursing home, be conducted within plain view; and

(3) protect the privacy rights of other residents and visitors to the nursing home, to the extent reasonably possible; and in the case of a resident who shares a room with another resident, be subject to the written consent of the other resident or his legal representative for the use of the electronic monitoring device in the room.

f. The nursing home shall make reasonable physical accommodations for electronic monitoring by providing a reasonably secure place to mount the electronic monitoring device and access to power sources.

2. A person who willfully, and without the consent of a resident or the resident's legal representative, hampers, obstructs, tampers with, or destroys an electronic monitoring device or tape shall be guilty of a crime of the third degree.

3. The Commissioner of Health and Senior Services may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.

4. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill requires a nursing home to permit a resident to be monitored or the resident's legal representative to monitor the resident in the resident's room, through the use of an electronic monitoring device. "Electronic monitoring device" is defined as a video surveillance camera, audio device, video telephone, or Internet video surveillance device.

The bill provides that:

C a nursing home shall inform a resident and the resident's legal representative of the resident's right to electronic monitoring;

C the nursing home may require the resident or the resident's legal representative who seeks to install the electronic monitoring device to make the request to the facility in writing;

C the nursing home shall not refuse to admit an individual to the facility or remove a resident from the facility because of a request for electronic monitoring;

C the electronic monitoring shall be funded by the resident or the resident's legal representative; and

C the resident or the resident's legal representative who engages in electronic monitoring shall permit the nursing home to post a notice on the door of the resident's room that states that the room is being monitored by an electronic monitoring device;

C the monitoring shall:

-- be noncompulsory and at the election of the resident or the resident's legal representative;

-- at the request of the nursing home, be conducted within plain view; and

-- protect the privacy rights of other residents and visitors to the nursing home, to the extent reasonably possible; and in the case of a resident who shares a room with another resident, be subject to the written consent of the other resident or his legal representative for the use of the electronic monitoring device in the room; and

C the nursing home shall make reasonable physical accommodations for electronic monitoring by providing a reasonably secure place to mount the electronic monitoring device and access to power sources.

Finally, the bill provides that a person who willfully, and without the consent of a resident or the resident's legal representative, hampers, obstructs, tampers with, or destroys an electronic monitoring device or tape shall be guilty of a crime of the third degree (punishable by a term of imprisonment between three to five years, a fine not exceeding $15,000, or both).