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Bill > H591


NC H591

NC H591
Elec. Monitoring in Nursing/Adult Care Homes


summary

Introduced
03/31/2025
In Committee
04/01/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT ENACTING THE G.U.A.R.D. (GUARANTEEING UNINTERRUPTED ACCESS TO RESIDENT DIGNITY) ACT TO PERMIT RESIDENTS OF NURSING HOMES AND ADULT CARE HOMES, AND THEIR FAMILIES, TO MONITOR RESIDENTS THROUGH THE USE OF ELECTRONIC MONITORING DEVICES AT THE EXPENSE OF THE RESIDENTS; TO REQUIRE NURSING HOMES AND ADULT CARE HOMES TO PROVIDE A POWER SOURCE AND MOUNTING SPACE FOR ELECTRONIC MONITORING DEVICES; TO PROHIBIT NURSING HOMES AND ADULT CARE HOMES FROM REFUSING TO ADMIT RESIDENTS BECAUSE OF A REQUEST TO INSTALL AN ELECTRONIC MONITORING DEVICE; TO ALLOW RECORDINGS FROM RESIDENTS' ELECTRONIC MONITORING DEVICES TO BE ADMISSIBLE IN CRIMINAL AND CIVIL ACTIONS, SUBJECT TO THE RULES OF EVIDENCE; AND TO IMPOSE CRIMINAL PENALTIES ON NURSING HOMES AND ADULT CARE HOMES FOR VIOLATIONS OF THE G.U.A.R.D. ACT.

AI Summary

This bill, known as the G.U.A.R.D. (Guaranteeing Uninterrupted Access to Resident Dignity) Act, establishes comprehensive regulations for electronic monitoring in nursing homes and adult care homes in North Carolina. The legislation allows residents or their legal representatives to install electronic monitoring devices (such as cameras or audio recording devices) in their rooms at their own expense, with the facility required to provide power sources and mounting space. Facilities cannot refuse admission or discharge a resident based on their desire to use electronic monitoring, and must inform residents of this right. The bill mandates that residents post a notice on their room door indicating monitoring is in progress and emphasizes protecting the privacy of other residents and visitors. Importantly, recordings from these devices can be used as evidence in civil or criminal court proceedings, and facilities or individuals who interfere with or destroy these devices can face criminal penalties, specifically a Class A1 misdemeanor with potential fines up to $2,000 and possible imprisonment. The law will take effect on October 1, 2025, and applies equally to both nursing homes and adult care homes, giving residents a tool to help ensure their safety and dignity.

Committee Categories

Government Affairs, Health and Social Services

Sponsors (9)

Last Action

Re-ref Com On Rules, Calendar, and Operations of the House (on 04/01/2025)

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