HB 6457 — AN ACT CONCERNING ACCESS TO RECORDINGS AND IMAGES FROM TECHNOLOGY USED BY NURSING HOME RESIDENTS FOR VIRTUAL VISITATION AND VIRTUAL MONITORING.

House ofBill Representatives File No.

7926457 GeneralPublic AssemblyAct January Session, 2021(Reprint of File No.

162)21-160 HouseAN BillACT No.CONCERNING ACCESS TO RECORDINGS AND IMAGES FROM TECHNOLOGY USED BY NURSING HOME RESIDENTS FOR VIRTUAL VISITATION AND VIRTUAL MONITORING.

6457 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner June 5, 2021 AN ACT CONCERNING ACCESS TO RECORDINGS AND IMAGES FROM TECHNOLOGY USED BY NURSING HOME RESIDENTS FOR VIRTUAL VISITATION AND VIRTUAL MONITORING.

(3) "Resident representative" means (A) a court-appointed conservator of the person or guardian, (B) a health care representative appointed pursuant to section 19a-575a of the general statutes, or (C) if there is no court-appointed conservator of the person or guardian, or health care representative, a person who is (i) designated in a written document signed by the resident and included in the resident's records HB6457on /file Filewith No.the facility, or (ii) if there is no such written document, a person who is a legally liable relative or other responsible party, provided such person is not an employer or contractor of the facility;

792(4) HB6457"Technology" Filemeans a device capable of remote audio or video House Bill No.

7926457 oncommunications, file with the facility, or (ii)both, ifthat theremay isinclude norecording suchcapabilities; written document, a person who is a legally liable relative or other responsible party, provided such person is not an employer or contractor of the facility;

(4) "Technology" means a device capable of remote audio or video communications, or both, that may include recording capabilities;

(d) Except as otherwise required under law, a resident or resident representative may voluntarily release recordings or images taken from HB6457technology /used Filefor virtual monitoring or virtual visitation, provided such release does not infringe on the privacy rights of any other person Public Act No.

79221-160 HB64572 Fileof 3 House Bill No.

7926457 technology used for virtual monitoring or virtual visitation, provided such release does not infringe on the privacy rights of any other person under state or federal law.

ThisApproved actJuly shall12, take2021 effectPublic asAct followsNo. and shall amend the following sections:

Section21-160 13 Octoberof 1,3 2021 New section HB6457 / File No.

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792 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation Thebill,whichrequirescertaininformationtobesharedwithnursing home employees subject to disciplinary action, has no fiscal impact.

House "A" strikes the language in the underlying bill and the associated fiscal impact and results in the impact described above.

The Out Years State Impact:

None Municipal Impact:

None The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

HB6457 / File No.

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792 OLR Bill Analysis HB 6457 (as amended by House "A")* AN ACT CONCERNING NURSING HOME SERVICES.

SUMMARY This bill requires a nursing home to give its employee, or the employee of a contractor providing services at the home, access to a resident’s virtual monitoring or virtual visitation technology under the following conditions:

1.

the employee is the subject of a proposed disciplinary action by the nursing home based on evidence obtained from the technology;

2.

the nursing home grants the access for the employee to defend his- or herself against the disciplinary action;

3.

the employee and nursing home treat any recordings or images obtained from the resident’s technology as confidential and do not further disseminate them, except as required by law;

and 4.

any copy of a recording or image used in the proposed disciplinary action is returned to the resident who provided it when the employee no longer needs it to defend against the action.

The bill also allows the long-term care ombudsman, without consulting the nursing home, to ask a resident about the existence of recordings or images taken from virtual monitoring or virtual visitation technology that could corroborate an abuse or neglect allegation.

Additionally, the bill allows a resident, or resident representative, to HB6457 / File No.

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