Bill Text: NY A07485 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "electronic monitoring in nursing homes act" providing for electronic monitoring in nursing homes and assisted living facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-10 - enacting clause stricken [A07485 Detail]

Download: New_York-2013-A07485-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7485
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 22, 2013
                                      ___________
       Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
         tee on Health
       AN ACT to amend the public health law,  in  relation  to  providing  for
         electronic monitoring in nursing homes and assisted living facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "electronic monitoring in nursing homes act".
    3    S  2. The public health law is amended by adding a new section 2824 to
    4  read as follows:
    5    S 2824. ELECTRONIC MONITORING IN NURSING HOMES. 1. DEFINITIONS.    FOR
    6  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
    7  ING MEANINGS UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
    8    (A)  "NURSING  HOME"  SHALL  HAVE  THE  SAME  MEANING  AS  IN  SECTION
    9  TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   10    (B)"NURSING HOME  ADMINISTRATOR"  SHALL  MEAN  AN  INDIVIDUAL  WHO  IS
   11  CHARGED  WITH AND HAS RESPONSIBILITY FOR THE GENERAL ADMINISTRATION OF A
   12  NURSING HOME WHETHER OR NOT SUCH INDIVIDUAL HAS AN OWNERSHIP INTEREST IN
   13  SUCH HOME AND WHETHER OR NOT HIS FUNCTIONS AND DUTIES  ARE  SHARED  WITH
   14  ONE OR MORE OTHER INDIVIDUALS.
   15    (C)  "ASSISTED  LIVING  RESIDENCE"  SHALL  HAVE THE SAME MEANING AS IN
   16  SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THIS CHAPTER.
   17    (D) "ASSISTED LIVING OPERATOR" OR "OPERATOR"  SHALL  MEANS  A  PERSON,
   18  PERSONS  OR  AN  ENTITY  WHICH  HAS OBTAINED THE WRITTEN APPROVAL OF THE
   19  DEPARTMENT TO OPERATE AN ASSISTED LIVING RESIDENCE  IN  ACCORDANCE  WITH
   20  THIS ARTICLE.
   21    2.  (A)  A NURSING HOME OR ASSISTED LIVING FACILITY SHALL MAKE REASON-
   22  ABLE PHYSICAL ACCOMMODATION FOR ELECTRONIC MONITORING BY PROVIDING:
   23    (I) A REASONABLY SECURE  PLACE  TO  MOUNT  THE  ELECTRONIC  MONITORING
   24  DEVICE.
   25    (II) ACCESS TO POWER SOURCES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10699-01-3
       A. 7485                             2
    1    (B) A NURSING HOME OR ASSISTED LIVING FACILITY SHALL INFORM A RESIDENT
    2  OF  A  NURSING  HOME  OR ASSISTED LIVING FACILITY OR THE LEGAL REPRESEN-
    3  TATIVE OF THE RESIDENT OF THE RESIDENT'S RIGHT TO ELECTRONIC MONITORING.
    4    (C) (I) A NURSING HOME OR ASSISTED LIVING FACILITY MAY REQUEST A RESI-
    5  DENT  OF  A  NURSING  HOME  OR  ASSISTED LIVING FACILITY OR A RESIDENT'S
    6  PERSONAL REPRESENTATIVE TO CONDUCT ELECTRONIC  MONITORING  WITHIN  PLAIN
    7  VIEW.
    8    (II)  A  RESIDENT  OF  A  NURSING HOME OR ASSISTED LIVING FACILITY WHO
    9  WISHES TO INSTALL AN ELECTRONIC MONITORING DEVICE MAY BE REQUIRED BY THE
   10  NURSING HOME ADMINISTRATOR OR ASSISTED LIVING FACILITY ADMINISTRATOR  TO
   11  MAKE THE REQUEST IN WRITING.
   12    3.  SUBJECT  TO  THE CIVIL PRACTICE LAW AND RULES, A RECORDING CREATED
   13  THROUGH THE USE OF ELECTRONIC MONITORING SHALL BE ADMISSIBLE IN EITHER A
   14  CIVIL OR CRIMINAL ACTION BROUGHT IN A COURT OF THIS STATE.
   15    4. (A) A PERSON WHO OPERATES A NURSING HOME OR ASSISTED LIVING FACILI-
   16  TY IN VIOLATION OF THIS ACT SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND
   17  SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN  ONE
   18  THOUSAND DOLLARS OR TO IMPRISONMENT OF NOT MORE THAN ONE YEAR, OR BOTH.
   19    (B)  A PERSON WHO WILLFULLY AND WITHOUT THE CONSENT OF A RESIDENT OF A
   20  NURSING HOME, PERSONAL CARE HOME OR ASSISTED  LIVING  FACILITY  HAMPERS,
   21  OBSTRUCTS,  TAMPERS  WITH OR DESTROYS AN ELECTRONIC MONITORING DEVICE OR
   22  RECORDING SHALL BE GUILTY OF A  CLASS  A  MISDEMEANOR  AND  SHALL,  UPON
   23  CONVICTION,  BE  SENTENCED  TO  PAY A FINE OF NOT MORE THAN ONE THOUSAND
   24  DOLLARS OR TO IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   25    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   26  have become a law.