H1428B1544A01446 SFR:JMT 06/04/21 #90 A01446
AMENDMENTS TO HOUSE BILL NO. 1428
Sponsor: REPRESENTATIVE DAY
Printer's No. 1544
Amend Bill, page 1, line 10, by striking out "patient" and
inserting
resident
Amend Bill, page 1, line 17, by striking out "PATIENT" and
inserting
RESIDENT
Amend Bill, page 1, line 19, by striking out "patient" and
inserting
resident
Amend Bill, page 2, lines 4 through 11, by striking out all
of said lines and inserting
"Electronic monitoring device." A video surveillance
instrument installed in the room of a resident of a facility, in
accordance with this chapter, which broadcasts, photographs or
records activity occurring in the facility.
"Facility." As the term "long-term care nursing facility" is
defined in section 802.1.
"Guardian." A fiduciary who has the care and management of
the estate or person of an incapacitated person under the
provisions of 20 Pa.C.S. Ch. 55 (relating to incapacitated
persons).
"Legal representative." An individual who is authorized
under a power of attorney that complies with 20 Pa.C.S. Ch. 56
(relating to powers of attorney) to make decisions on behalf of
a resident.
Amend Bill, page 2, line 12, by striking out "long-term care"
Amend Bill, page 2, lines 14 through 18, by striking out all
of said lines
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Amend Bill, page 2, line 19, by striking out "and use of
device"
Amend Bill, page 2, lines 20 through 30; page 3, lines 1
through 8; by striking out all of said lines on said pages and
inserting
(a) Who may authorize.--A resident may authorize
installation and use of an electronic monitoring device in the
following ways:
(1) If a resident has capacity to request an electronic
monitoring device and has not been judicially declared to
lack the required capacity, only the resident may authorize
an electronic monitoring device in a facility,
notwithstanding the terms of a power of attorney or similar
legal agreement executed by the resident.
(2) If a resident has been judicially declared to lack
capacity required for taking an action such as requesting an
electronic monitoring device, only the guardian of the
resident may authorize an electronic monitoring device in a
facility.
(3) Subject to paragraph (2), if a resident has been
determined by a physician to lack capacity to request an
electronic monitoring device, only the legal representative
of the resident may authorize an electronic monitoring device
in a facility.
(b) Requirements.--A resident or the guardian or legal
representative of the resident may authorize installation and
use of an electronic monitoring device in a facility provided
that:
(1) The facility is given notice of the installation at
least 30 days prior to the installation .
(2) If the electronic monitoring device records activity
visually, the recording denotes the date and time.
(3) The electronic monitoring device and all
installation, removal and maintenance costs , including
Internet service costs and network access costs, are paid for
by the resident or guardian or legal representative of the
resident .
(4) Installation of the electronic monitoring device
does not cause extensive damage to the facility's interior
walls or other structures, unless the resident agrees to be
liable for replacement or repair of the damage incurred
during the installation, maintenance or removal of the
electronic monitoring device.
(5) The electronic monitoring device is installed and
conducted only in a fixed position.
(6) The electronic monitoring device is placed in a
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conspicuous location.
Amend Bill, page 3, lines 10 through 13, by striking out all
of said lines and inserting
(a) Form.--
(1) A resident or the guardian or legal representative
of the resident who authorizes an electronic monitoring
device in a facility shall notify the facility on an
electronic monitoring device authorization form prescribed by
the department and provided by the facility to the resident,
guardian or legal representative.
(2) The form in subsection (a) shall:
(i) Require the resident or the guardian or legal
representative of the guardian to choose whether the
electronic monitoring device will always be unobstructed
or whether the camera should be obstructed in specified
circumstances to protect the dignity of the resident.
(ii) Specify that the consent of other residents
residing in the same room as the resident must be
obtained regarding the use of the electronic monitoring
device.
(b) Written consent generally.--Subject to subsection (c),
written consent for an electronic monitoring device in a
facility shall be given only by:
(1) A resident who has capacity to sign the consent
form.
(2) The guardian of the resident, if the resident has
been judicially declared to lack capacity required to sign
the consent form.
(3) The legal representative of the resident, if the
resident does not have capacity to sign the consent form but
has not been judicially declared to lack capacity required to
sign the consent form.
Amend Bill, page 3, line 14, by striking out "(b)" and
inserting
(c)
Amend Bill, page 3, line 15, by striking out "Written" and
inserting
Prior to the use of the electronic monitoring device,
written
Amend Bill, page 3, line 15, by striking out "must" and
inserting
shall
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Amend Bill, page 3, line 15, by inserting after "each"
other
Amend Bill, page 3, lines 15 and 16, by striking out "or
representative of a resident" and inserting
, or the guardian or legal representative of each other
resident,
Amend Bill, page 3, line 16, by striking out the period after
"room" and inserting
as the resident for whom an electronic monitoring device
in a facility is being used.
Amend Bill, page 3, line 17, by inserting after "room"
as the resident for whom an electronic monitoring device
in a facility is being used
Amend Bill, page 3, line 18, by inserting after "the"
electronic
Amend Bill, page 3, line 20, by striking out "nonconsenting"
Amend Bill, page 3, line 20, by inserting after "resident"
residing in the same room
Amend Bill, page 3, line 21, by inserting after "room."
An electronic monitoring device may not be placed in
a bathroom.
Amend Bill, page 3, lines 26 through 30, by striking out all
of said lines
Amend Bill, page 4, line 4, by striking out "authorized" and
inserting
an
Amend Bill, page 4, line 5, by inserting after "monitoring"
device
Amend Bill, page 4, line 6, by striking out "long-term care"
Amend Bill, page 4, line 7, by inserting after "shall"
make every effort to
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Amend Bill, page 4, line 7, by striking out "representative
of a" and inserting
guardian or legal representative of the
Amend Bill, page 4, line 8, by striking out "a" and inserting
an electronic
Amend Bill, page 4, line 9, by striking out "representative"
and inserting
guardian or legal representative
Amend Bill, page 4, line 10, by inserting after "time."
A facility may not be cited by the department if the
facility cannot accommodate a room change requested for this
purpose.
Amend Bill, page 4, line 11, by striking out "Authorization"
and inserting
Electronic monitoring device authorization
Amend Bill, page 4, line 12, by inserting after "the"
electronic monitoring device
Amend Bill, page 4, lines 12 and 13, by striking out "of
installation and use of a monitoring device "
Amend Bill, page 4, line 14, by striking out "representative"
and inserting
guardian or legal representative
Amend Bill, page 4, line 15, by inserting after "the" where
it occurs the second time
electronic
Amend Bill, page 4, line 18, by striking out "a" and
inserting
an electronic
Amend Bill, page 4, lines 20 and 21, by striking out
"representative of the resident " and inserting
the guardian or legal representation of any other
resident
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Amend Bill, page 4, line 21, by striking out the period after
"room" and inserting
of the resident for whom an electronic monitoring device
in a facility is being used , including any condition set by
any other resident of the same room .
Amend Bill, page 4, line 23, by inserting after "the" where
it occurs the second time
electronic
Amend Bill, page 4, line 24, by striking out "patient's" and
inserting
resident's
Amend Bill, page 4, line 25, by inserting after "the" where
it occurs the second time
electronic
Amend Bill, page 4, line 27, by striking out "pursuant to"
and inserting
under
Amend Bill, page 4, by inserting between lines 28 and 29
(7) A release from civil liability on the part of a
facility for a violation of the resident's privacy rights
regarding the use of the electronic monitoring device in the
facility.
Amend Bill, page 4, line 30, by striking out "long-term care"
Amend Bill, page 5, line 1, by inserting after "that" where
it occurs the second time
electronic
Amend Bill, page 5, line 4, by striking out "in which
authorized" and inserting
with an
Amend Bill, page 5, line 5, by striking out "occurs" and
inserting
device
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Amend Bill, page 5, line 6, by striking out "by a monitoring
device"
Amend Bill, page 5, line 8, by striking out "a" and inserting
an electronic
Amend Bill, page 5, line 11, by inserting after "the" where
it occurs the third time
guardian or legal
Amend Bill, page 5, line 12, by inserting after "resident."
The following apply:
(1) A person or entity that distributes material
obtained from an electronic monitoring device with the intent
to ridicule or demean the resident shall be subject to the
penalties prescribed in 18 Pa.C.S. ยง 2713 (relating to
neglect of care-dependent person).
(2) A violation of this section shall constitute a
misdemeanor of the third degree.
Amend Bill, page 5, line 16, by striking out "long-term care"
Amend Bill, page 5, line 17, by inserting after "offense.--"
A violation of this section shall constitute a misdemeanor
of the second degree.
Amend Bill, page 5, line 17, by inserting after
"intentionally"
or knowingly
Amend Bill, page 5, line 18, by striking out "a" where it
occurs the second time and inserting
an electronic
Amend Bill, page 5, line 19, by striking out "long-term care"
Amend Bill, page 5, line 26, by striking out "a" where it
occurs the first time and inserting
an electronic
Amend Bill, page 5, lines 26 through 29, by striking out
"common area of a" in line 26 and all of lines 27 through 29
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Amend Bill, page 5, line 30, by inserting after "room,"
without
Amend Bill, page 6, line 1, by inserting after "the" where it
occurs the first time
guardian or legal
Amend Bill, page 6, line 4, by striking out "a" and inserting
an unauthorized electronic
Amend Bill, page 6, lines 5 through 7, by striking out "if
the monitoring device was" in line 5, all of line 6 and "without
the prescribed form" in line 7
Amend Bill, page 6, line 10, by inserting after "resident,"
guardian or legal
Amend Bill, page 6, line 11, by striking out "a" and
inserting
an electronic
Amend Bill, page 6, lines 18 and 19, by striking out "or
appropriate governing electronic monitoring "
Amend Bill, page 6, line 25, by inserting after "of"
electronic
Amend Bill, page 6, line 27, by striking out "a" where it
occurs the second time and inserting
an electronic
Amend Bill, page 6, by inserting after line 30
(c) Effect of chapter.--Nothing in this chapter shall be
construed to supersede Federal authority regarding facilities or
prevent the department from taking necessary actions to render
the Commonwealth eligible for Federal funds or reimbursement
services provided in facilities.
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