Bill > SB409

This bill allows residents of assisted living facilities to have electronic monitoring devices, defined as surveillance devices with cameras or audio recorders, placed in their rooms, with specific rules for their use. Key provisions include requiring written consent from the resident or their legal representative (a person legally authorized to act on their behalf, such as a guardian or power of attorney) before installation, and if the resident has roommates, their written consent for visual recording is also necessary. The bill also mandates agreements for sharing health information protected by HIPAA, ensures the facility has secure internet access for the devices, and states that facilities cannot refuse admission or discharge residents due to requests for electronic monitoring. Family members cannot override a resident's or their legal representative's decisions regarding monitoring, and facilities must designate a staff contact for related inquiries. While facilities can take ownership of recordings, they generally cannot view them without consent unless legally required or for quality assurance, and they are not liable for data breaches. Staff must report safety or quality of care incidents discovered through recordings, and facilities have no obligation to access recordings unless aware of a reported incident or if a recording is requested by a resident, representative, or government agency. Residents are responsible for device operation and privacy compliance unless the facility assumes ownership, and staff cannot refuse to enter a room due to monitoring. Facilities must provide reasonable physical accommodations for devices and residents will bear most costs, though facilities may charge fees for managed monitoring services. Residents or their representatives can set conditions on consent, such as the ability to turn off devices at certain times, and facilities must post notices about active monitoring and inform staff. The Virginia Department of Social Services will create regulations for these provisions, and the bill will take effect when those regulations are finalized.

Health and Social Services, Justice

https://lis.virginia.gov/bill-details/20261/SB409