SENATE BILL No. 1120

February 13, 2002, Introduced by Senators HART, DINGELL, YOUNG and MC MANUS

and referred to the Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 21789.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 21789. (1) A NURSING HOME SHALL PERMIT A RESIDENT OR

2 THE RESIDENT'S LEGAL REPRESENTATIVE TO MONITOR THE RESIDENT

3 THROUGH THE USE OF AN ELECTRONIC MONITORING DEVICE IF ALL OF THE

4 FOLLOWING REQUIREMENTS ARE MET:

5 (A) THE MONITORING IS COMPLETELY VOLUNTARY AND IS CONDUCTED

6 AT THE ELECTION OF THE RESIDENT OR THE RESIDENT'S LEGAL

7 REPRESENTATIVE.

8 (B) ALL COSTS OF THE MONITORING, INCLUDING, BUT NOT LIMITED

9 TO, THE COST OF THE ELECTRONIC MONITORING DEVICE AND ITS

10 INSTALLATION, ARE PAID BY THE RESIDENT OR THE RESIDENT'S LEGAL

11 REPRESENTATIVE.

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1 (C) THE MONITORING IS CONDUCTED IN A MANNER THAT PROTECTS

2 THE PRIVACY OF OTHER RESIDENTS AND VISITORS TO THE NURSING HOME

3 TO THE EXTENT REASONABLY POSSIBLE.

4 (D) THERE IS A NOTICE POSTED ON THE DOOR OF THE RESIDENT'S

5 ROOM STATING THAT THE ROOM IS BEING MONITORED BY AN ELECTRONIC

6 MONITORING DEVICE.

7 (2) A NURSING HOME SHALL MAKE REASONABLE ACCOMMODATION FOR

8 ELECTRONIC MONITORING BY PROVIDING ALL OF THE FOLLOWING:

9 (A) A REASONABLY SECURE PLACE TO MOUNT THE ELECTRONIC MONI-

10 TORING DEVICE.

11 (B) ACCESS TO A POWER SOURCE FOR THE ELECTRONIC MONITORING

12 DEVICE.

13 (C) NOTICE TO ALL RESIDENTS OF THE RIGHT TO INSTALL AN ELEC-

14 TRONIC MONITORING DEVICE.

15 (3) A NURSING HOME SHALL NOT REFUSE TO ADMIT AN INDIVIDUAL

16 AS A RESIDENT OR REMOVE A RESIDENT FROM THE NURSING HOME BECAUSE

17 OF A REQUEST TO INSTALL OR THE INSTALLATION OF AN ELECTRONIC MON-

18 ITORING DEVICE.

19 (4) A NURSING HOME MAY REQUIRE A RESIDENT OR THE RESIDENT'S

20 LEGAL REPRESENTATIVE WHO WISHES TO INSTALL AN ELECTRONIC MONITOR-

21 ING DEVICE TO MAKE THE REQUEST IN WRITING.

22 (5) SUBJECT TO THE MICHIGAN RULES OF EVIDENCE, A TAPE OR

23 OTHER RECORDING CREATED BY AN ELECTRONIC MONITORING DEVICE UNDER

24 THIS SECTION IS ADMISSIBLE IN EITHER A CIVIL OR A CRIMINAL ACTION

25 BROUGHT IN A COURT IN THIS STATE.

26 (6) AS USED IN THIS SECTION, "ELECTRONIC MONITORING DEVICE"

27 MEANS A VIDEO SURVEILLANCE CAMERA, AN AUDIO DEVICE, A VIDEO

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1 TELEPHONE, AN INTERNET VIDEO SURVEILLANCE DEVICE, OR A SIMILAR

2 DEVICE DESIGNED TO CAPTURE THE AUDIO RECORDINGS OR VISUAL IMAGES

3 OF ITS SURROUNDINGS.

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