Residents may use their own devices for remote room monitoring

A resident may use a chosen device for remote audio or video monitoring in the resident's room or living quarters. This applies to residents of residential care homes using devices they own and operate in their rooms or living quarters. The resident pays for the device and its setup, use, upkeep, and removal. Use must respect privacy rights, and a clear notice must be posted on the room door. For a shared room, the resident or representative must give the roommate advance details and get written consent from every roommate or representative. Use must stop if consent is withdrawn, until consent is obtained again. A signed notice and any roommate consent must be filed with the home at least seven days before installation or use. The notice must describe the device, its use, location, recording ability, and remote controls. Ordinary cell phone calls and tablets not used for monitoring are mostly exempt from these rules. This provision takes effect October 1, 2026. The signed notice must be filed at least seven days before installation or use.

A residential care home may set policies for residents' use of remote monitoring technology. This applies to residential care homes and residents using technology for virtual monitoring. Policies may address where devices are placed, recording outside a resident's room or in shared spaces, fire and safety rules, and interference with care or privacy. Policies may also address internet outages, responses to violations, and how residents may appeal those responses. The text gives no separate start date for these policy options.

Residential care homes and nursing home facilities have protection from specified legal claims involving residents' monitoring technology. The first protection applies to residential care homes; the second applies to nursing home facilities. For residential care homes, the protection covers privacy violations under state law caused by a resident's use of technology under this section, damage not intentionally or negligently caused by the home, and unauthorized disclosure or use of recordings unless the home intentionally caused it. For nursing home facilities, the printed provision covers privacy violations under state law caused by a resident's use of technology under the referenced section, damage not intentionally or negligently caused by the facility, and unauthorized disclosure or use of recordings unless the facility intentionally caused it. Both provisions take effect October 1, 2026.