Later this month, the list of states that allow nursing home and assisted living facility residents and their families to place cameras and electronic monitoring devices in resident rooms will grow. Effective January 30, 2025, residents in Rhode Island nursing homes and assisted living facilities shall be permitted to conduct authorized electronic monitoring of the resident’s room or private living unit through the use of electronic monitoring devices placed in the resident’s room or private living unit.
Changes to Rhode Island Health and Safety Laws
Rhode Island Bill S 2263 (“Electronic Monitoring Law”) was added to the Rhode Island Health and Safety laws. The Electronic Monitoring Law addresses both nursing homes and assisted living facilities.
Electronic Monitoring Law Specifics
Under the Electronic Monitoring Law, an “electronic monitoring device” means any photo, video and/or audio surveillance equipment with a fixed position, that broadcasts or records activities or sounds occurring in the room or private living unit within which it is installed.
Specifically, a resident or the resident’s representative shall consent to electronic monitoring in the resident’s room or private living unit in writing, on a notification and consent form prescribed by the Rhode Island Department of Health. If the resident has not affirmatively objected to electronic monitoring and the resident’s health care provider determines that the resident lacks the ability to understand and appreciate the nature and consequences of electronic monitoring, the resident’s representative may consent on behalf of the resident.
Prior to a resident representative consenting on behalf of a resident, the resident representative shall inquire if the resident consents to electronic monitoring to be conducted. The resident representative shall explain to the resident: (1) the type of electronic monitoring device to be used; (2) the standard conditions that may be placed on the electronic monitoring device’s use; (3) with whom the recording may be shared; and (4) the resident’s ability to decline any or all recording.
Roommate Consent
If a resident of a facility who is residing in a shared room or shared living unit, or the resident’s representative of such a resident when acting on behalf of the resident, wants to conduct electronic monitoring and another resident living in or moving into the same shared room or shared living unit refuses to consent to the use of an electronic monitoring device, the facility shall make a reasonable attempt to accommodate the resident who wants to conduct electronic monitoring.
Notice to the Nursing Home or Assisted Living Facility
Authorized electronic monitoring may begin only after the resident or resident representative who intends to place an electronic monitoring device and any roommate or roommate’s resident representative completes the notification and consent form and submits the form to the facility.
State Form
Rhode Island will create notification and consent forms. The notification and consent form completed by the resident shall include, at a minimum, the following information: (1) the resident’s signed consent to electronic monitoring or the signature of the resident representative, if applicable; (2) the resident’s roommate’s signed consent or the signature of the roommate’s resident representative, if applicable; (3) the type of electronic monitoring device to be used; (4) any installation needs, such as the mounting of a device to a wall or ceiling; (5) a list of standard conditions or restrictions that the resident or a roommate may elect to place on the use of the electronic monitoring device; (6) any other condition or restriction elected by the resident or roommate on the use of an electronic monitoring device; (7) a statement of the circumstances under which a recording may be disseminated under Rhode Island law; and (8) a signature box for documenting that the resident or roommate has withdrawn consent.
Costs
A resident or a resident’s representative choosing to conduct electronic monitoring shall do so at the resident’s own expense, including the purchase, installation, maintenance and removal costs.
Notice to Visitors
If a resident conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at each facility entrance accessible to visitors. The notice must state the following in large, easy-to-read type, “The rooms of some residents may be monitored electronically by or on behalf of the residents.”
Obstruction of Electronic Monitoring Devices
A person shall not knowingly hamper, obstruct, tamper with or destroy an electronic monitoring device placed in a resident’s room or private living unit without the permission of the resident or the resident’s representative. Checking the electronic monitoring device by facility staff for the make and model number does not constitute tampering.
Admission
A facility shall not: (1) refuse to admit a potential resident or remove a resident because the facility disagrees with the decision of the potential resident, the resident or a resident representative acting on behalf of the resident regarding electronic monitoring; or (2) retaliate or discriminate against any resident for consenting or refusing to consent to electronic monitoring. Also, any contractual provision prohibiting, limiting or otherwise modifying the rights and obligations in Electronic Monitoring Law is contrary to public policy and is void and unenforceable.
Penalties
Rhode Island may issue a statement of deficiency, upon a finding that the facility has failed to comply with any provisions. For each violation, any licensed facility shall be guilty of a misdemeanor for each violation punishable by a fine of not more than five hundred dollars.
Practical Takeaways
Rhode Island nursing home operators and assisted living facility operators need to keep in mind the requirements needed for a resident to exercise the resident’s right to place an electronic monitoring device in the resident’s room.
If you have questions or would like additional information about this topic, please contact:
- Sean Fahey at (317) 977-1472 or sfahey@hallrender.com;
- Brian Jent at (317) 977-1402 or bjent@hallrender.com;
- Todd Selby at (317) 977-1440 or tselby@hallrender.com; or
- Your regular Hall Render attorney.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
