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HCS/HB 1635 - This act amends the provision relating to reporting of suspected abuse or neglect of a resident of a long-term care facility who is sixty years of age or older or other certain eligible adults. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse or neglect. Under this act, in the event of suspected sexual assault of the resident, specified mandated reporters shall also report to local law enforcement under the procedures of the federal Elder Justice Act of 2009. This provision is substantially similar to SCS/SB 574 (2017) and is similar to a provision in SB 301 (2017),HCS/SS/SCS/SB 663 (2016), HB 551 (2017), SS/SCS/SBs 112, 212, 143, & 234 (2015), and SB 971 (2014). Additionally, this act establishes the "Authorized Electronic Monitoring in Long-Term Care Facilities Act". Under these provisions, a long-term care facility resident may conduct authorized electronic monitoring of his or her room if the facility permits such monitoring devices in its policies and procedures. Nothing in this act shall permit the use of electronic monitoring devices to take still photographs or for the non-consensual interception of private communications. The resident or the resident's representative, parent, or specified individuals, any roommates, and the facility shall consent in writing on a form prescribed by the Department, as specified in the act. Electronic monitoring shall be at the resident's own expense, including purchase, installation, and maintenance. The device shall be placed in a conspicuous location. No person shall tamper with an installed device or any recording without the permission of the resident or resident's representative. A violation of this provision is a class B misdemeanor. Any person who violates this provision in the commission of or to conceal a misdemeanor offense shall be guilty of a class A misdemeanor or in the commission of or concealment of a felony such person shall be guilty of a class D felony. No facility shall access any video or audio recording created by a device without the written consent of the resident or resident's representative. Any copy shall only be disseminated as specified in the act. Any person who has reasonable cause to believe, as a result of a video or audio recording by a device under this act, that a resident has been a victim of sexual assault shall report such suspicions to the local law enforcement as specified in the act. Each facility, if the facility's policies authorize electronic monitoring devices, shall post a sign at all building entrances stating such devices may be in use. Each facility shall annually report to the Department the number of authorized devices and consent forms. No facility shall be civilly or criminally liable for a violation of a resident's right to privacy arising out of any electronic monitoring under this act. Finally, no person shall intentionally retaliate or discriminate against any resident for consenting to a monitoring device or prevent the installation or use of an authorized device by a resident. SARAH HASKINS
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