Bill > SB409

This bill allows residents of assisted living facilities to install electronic monitoring devices, defined as surveillance devices like cameras or audio recorders, in their rooms to broadcast or record activities or sounds, but excludes devices solely for audio communication. The bill outlines strict requirements for placement and use, mandating written consent from the resident or their legal representative, and if roommates are present, their written consent for visual recording is also required. It also necessitates a HIPAA (Health Insurance Portability and Accountability Act) data sharing agreement and ensures the facility has secure internet access for the devices. Assisted living facilities cannot refuse admission or discharge residents based on requests for electronic monitoring, and family members cannot override the resident's or their legal representative's decisions regarding monitoring. The bill also addresses facility responsibilities, including designating a point of contact, potential ownership of recordings, reporting safety incidents, and making reasonable physical accommodations for the devices, with residents generally responsible for operational costs and privacy compliance unless the facility opts to manage the recordings. The Virginia Department of Social Services will create regulations to implement these provisions, and the bill will take effect once those regulations are in place.