Indiana 2021 Regular Session Status: In Committee 2 R cosponsors

SB 378 — Electronic monitoring in nursing homes.

Last action — Senator Charbonneau added as second author

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Allows the residents of: (1) health facilities; and (2) residential care facilities; to consent to the authorized electronic monitoring (monitoring) of their rooms. Allows specified individuals to consent to monitoring on behalf of health facility and residential care facility residents. Allows certain individuals to request conditions and restrictions when consenting to monitoring. Requires conditions and restrictions concerning monitoring to be memorialized in writing. Requires certain forms to be created and signed by specified parties when commencing or modifying monitoring. Allows certain individuals to refuse monitoring by withdrawing or withholding consent. Requires the withdrawal or withholding of consent to be memorialized in writing. Prohibits monitoring when certain parties refuse or decline consent. Requires a facility to make a reasonable effort to cohort residents in a manner that makes monitoring feasible. Specifies that a resident who occupies a private room for the purpose of making monitoring feasible must pay a private room rate. Requires a: (1) health facility; or (2) residential care facility; to provide specified individuals with complete copies of specified paperwork concerning monitoring upon request. Requires certain paperwork concerning monitoring to be made a permanent part of a resident's clinical report. Provides: (1) health facilities; and (2) residential care facilities; with immunity from civil liability when making a good faith effort to comply with laws, conditions, and restrictions pertaining to monitoring. Specifies that no other person or entity may be held liable for certain damages by reason of an agency relationship with a: (1) health facility; or (2) residential care facility; when the health facility or residential care facility is not liable for certain damages. Specifies an exception. Specifies permitted purposes for recordings created by an electronic monitoring device (device). Provides that a person who knowingly or intentionally hampers, obstructs, tampers with, or destroys: (1) a device; or (2) a recording created by a device; commits a Class A misdemeanor. Specifies that the offense is a Level 6 felony if the person knowingly or intentionally conceals or attempts to conceal any hampering, obstruction, tampering with, or destruction of a device or recording. Specifies an exception. Requires the state department of health to create certain forms for the purpose of memorializing specified requirements concerning monitoring. Defines certain terms.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 378 on the official Indiana source →

Action History

  1. Senator Charbonneau added as second author

  2. First reading: referred to Committee on Health and Provider Services

  3. Authored by Senator Rogers

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 148 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (148)

148 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 378 do?
Allows the residents of: (1) health facilities; and (2) residential care facilities; to consent to the authorized electronic monitoring (monitoring) of their rooms. Allows specified individuals to consent to monitoring on behalf of health facility and residential care facility residents. Allows certain individuals to request conditions and restrictions when consenting to monitoring. Requires conditions and restrictions concerning monitoring to be memorialized in writing. Requires certain forms to be created and signed by specified parties when commencing or modifying monitoring. Allows certain individuals to refuse monitoring by withdrawing or withholding consent. Requires the withdrawal or withholding of consent to be memorialized in writing. Prohibits monitoring when certain parties refuse or decline consent. Requires a facility to make a reasonable effort to cohort residents in a manner that makes monitoring feasible. Specifies that a resident who occupies a private room for the purpose of making monitoring feasible must pay a private room rate. Requires a: (1) health facility; or (2) residential care facility; to provide specified individuals with complete copies of specified paperwork concerning monitoring upon request. Requires certain paperwork concerning monitoring to be made a permanent part of a resident's clinical report. Provides: (1) health facilities; and (2) residential care facilities; with immunity from civil liability when making a good faith effort to comply with laws, conditions, and restrictions pertaining to monitoring. Specifies that no other person or entity may be held liable for certain damages by reason of an agency relationship with a: (1) health facility; or (2) residential care facility; when the health facility or residential care facility is not liable for certain damages. Specifies an exception. Specifies permitted purposes for recordings created by an electronic monitoring device (device). Provides that a person who knowingly or intentionally hampers, obstructs, tampers with, or destroys: (1) a device; or (2) a recording created by a device; commits a Class A misdemeanor. Specifies that the offense is a Level 6 felony if the person knowingly or intentionally conceals or attempts to conceal any hampering, obstruction, tampering with, or destruction of a device or recording. Specifies an exception. Requires the state department of health to create certain forms for the purpose of memorializing specified requirements concerning monitoring. Defines certain terms.
Who sponsors SB 378?
SB 378 is sponsored by Linda Rogers (Republican) and Ed Charbonneau (Republican).
What is the current status of SB 378?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 378?
Track SB 378 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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