THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, M. O'BRIEN AND STABACK, MARCH 21, 2011

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 21, 2011  

AN ACT

Providing for electronic monitoring in nursing homes, personal

care homes and assisted living facilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Electronic

Monitoring in Nursing Homes Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Nursing home."  An institution or facility in which nursing

care and related medical or other health services are provided

for a period exceeding 24 hours, for two or more individuals,

who are not relatives of the administrator and who are not

acutely ill and not in need of hospitalization, but who, because

of age, illness, disease, injury, convalescence or physical or

mental infirmity need care.

"Nursing home administrator."  An individual who is charged

with the general administration of a nursing home, whether or

not the individual has an ownership interest in the nursing home

and whether or not the administrator's functions and duties are

shared with one or more other individuals.

"Personal care home" or "assisted living facility."  A

premises in which food, shelter and personal assistance or

supervision are provided for a period exceeding 24 hours for

four or more adults who are not relatives of the operators, who

do not require the services in or of a licensed long-term care

facility, but who require assistance or supervision in such

matters as dressing, bathing, diet, financial management,

evacuation of a residence in the event of an emergency or

medication prescribed for self-administration.

"Personal care home administrator" or "assisted living

facility administrator."  An individual who is charged with the

general administration of a personal care home or assisted

living facility, whether or not the individual has an ownership

interest in the home or facility or the administrator's

functions and duties are shared with other individuals.

Section 3.  Electronic monitoring in nursing homes, personal

care homes or assisted living facilities.

(a)  General rule.--A nursing home, personal care home or

assisted living facility shall make reasonable physical

accommodation for electronic monitoring by providing:

(1)  A reasonably secure place to mount the electronic

monitoring device.

(2)  Access to power sources.

(b)  Notice.--A nursing home, personal care home or assisted

living facility shall inform a resident of the nursing home,

personal care home or assisted living facility or the legal

representative of the resident of the resident's right to

electronic monitoring.

(c)  Conditions.--

(1)  A nursing home, personal care home or assisted

living facility may request a resident of the nursing home,

personal care home or assisted living facility or a

resident's personal representative to conduct electronic

monitoring within plain view.

(2)  A resident of a nursing home, personal care home or

assisted living facility who wishes to install an electronic

monitoring device may be required by the nursing home

administrator, personal care home administrator or assisted

living facility administrator to make the request in writing.

Section 4.  Admissibility of videotape as evidence.

Subject to the rules of evidence, a recording created through

the use of electronic monitoring shall be admissible in either a

civil or criminal action brought in a court of this

Commonwealth.

Section 5.  Violation of act.

(a)  Operation in violation.--A person who operates a nursing

home, personal care home or assisted living facility in

violation of this act commits a misdemeanor of the third degree

and shall, upon conviction, be sentenced to pay a fine of not

more than $2,500 or to imprisonment of not more than one year,

or both.

(b)  Tampering or destroying device or recording.--A person

who willfully and without the consent of a resident of a nursing

home, personal care home or assisted living facility hampers,

obstructs, tampers with or destroys an electronic monitoring

device or recording commits a misdemeanor of the third degree

and shall, upon conviction, be sentenced to pay a fine of not

more than $2,500 or to imprisonment for not more than one year,

or both.

Section 6.  Effective date.

This act shall take effect in 60 days.