Nursing facilities; use of electronic monitoring devices in resident rooms.

Header formatting changed from 'OFFERED FOR CONSIDERATION 2/12/2025' to 'HOUSE SUBSTITUTE' with updated date February 13, 2025, indicating the bill moved from Senate to House committee processing.

Page numbering and line formatting were adjusted to match House substitute markup standards, with text reflowed for readability.

Removed '2/12/2025' consideration date and replaced with House-specific metadata including bill number 25107428D and timestamp 2/13/25 11:37.

The bill's committee assignment changed from Education and Health to Health and Human Services, reflecting a procedural shift in legislative review rather than a policy change.

The document formatting was updated to include line numbers and different header styling consistent with the House Committee's markup style, though the actual legislative text remains substantively the same.

Formatting and layout changes to convert the bill from enrolled format to Senate substitute format, including reorganization of header information and line numbering.

The definition of electronic monitoring was revised to specify fixed-position video cameras or audio recording devices and explicitly exclude devices that enable two-way audio communication into the resident's room.

The condition for authorizing monitoring was changed from 'assessed incapable' to 'legally deemed incompetent' for residents unable to consent.

Electronic monitoring is now permitted in rooms with roommates if written consent is obtained from the roommates or their legal representatives, with only video monitoring allowed in shared rooms.

The requirement for a separate medical privacy waiver was removed and replaced with a requirement for a HIPAA-compliant data sharing agreement between the facility and resident.

The requirement for wireless internet access was modified to allow operation without modification to the facility or changes to the facility's internet capacity.

Custodial ownership of recordings is now presumed to belong to the nursing facility unless the resident or legal representative opts out, reversing the original draft's default position.

The requirement for facilities to provide viewing equipment, privacy, and convenient viewing times for recordings was removed, replaced with a general consent requirement for viewings.

Staff reporting requirements were streamlined to require immediate reporting of incidents to the administrator without the additional requirement to report to the OLC for every viewing incident.

The prohibition on staff refusing to enter rooms due to monitoring was retained but the language was simplified.

The requirement for facilities to provide a notice at the room entrance stating monitoring is in operation was removed from the enrolled version.