CHICAGO, Aug. 25, 2015 /PRNewswire-USNewswire/ -- Families who have loved ones in long-term care facilities in Illinois will now be allowed to install electronic monitoring devices in resident rooms, giving peace of mind to families and residents alike.
On August 21, 2015,Governor Rauner signed
House Bill 2462 into law, helping to ensure that thousands
of Illinois' most vulnerable residents are protected against nursing home
abuse and neglect.
The legislation, sponsored by
Representative Greg Harris and Senator Terry Link and
spearheaded by Attorney General Lisa Madigan, passed the General Assembly
with overwhelming bipartisan support in May 2015. With Governor Rauner's
signature, Illinois now becomes one of four states in the nation that
explicitly allows for cameras in nursing homes.
"The Illinois Department of Public Health
receives approximately 19,000 complaints of abuse and neglect against long-term
care residents yearly," said Bob Gallo, AARP Illinois State Director.
"AARP commends the General Assembly and Governor Rauner for their
leadership on this issue and for helping to protect the state's most vulnerable
residents."
House Bill 2462 establishes that residents have the
right to purchase and use an electronic monitoring device of their choice that
can record or broadcast audio and video. The bill also stipulates that any
recording made can only be used for civil, criminal, or administrative
proceedings related to the health, safety or welfare of a resident. In addition,
the bill includes four main provisions:
- Cost: Residents must bear the cost of the camera and its installation. The
facility is not required to provide Internet service for broadcasting or
streaming purposes.
- Consent: A resident or their guardian must consent to use of a camera
in the resident's room. A consent process will be established for
residents who lack the ability to fully understand the nature and
consequences of electronic monitoring, but don't have a legal guardian. If
a resident has a roommate, their consent is also required. Consent can be
withdrawn by either party at any time.
- Notice: Residents must notify the facility of their intent to use a
recording device and the type of device intended to be used. A sign must
be posted outside of the resident's room stating, "This room is
electronically monitored." The device must be out in the open in a
fixed position, no hidden cameras are permitted.
- Protections: A facility cannot retaliate or discriminate against any
resident consenting to electronic monitoring. Any person or entity,
including nursing home staff, is forbidden from knowingly hampering,
obstructing, tampering with or destroying an electronic monitoring device
in a resident's room without permission. Any person or entity that
violates this section is guilty of a misdemeanor or felony, depending on
the circumstance. A facility is not civilly or criminally liable for a
violation of a resident's right to privacy arising out of any electronic
monitoring.
House Bill 2462 takes effect on January 1,
2016; however, the Illinois Department of Public Health has an additional 60
days to provide a consent form for residents to use.
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