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House of Representatives General Assembly File No.
House of Representatives File No.
173 January Session, 2021 Substitute House Bill No.
627 General Assembly January Session, 2021(Reprint of File No.
6552 House of Representatives, March 29, 2021 The Committee on Aging reported through REP.
173) Substitute House Bill No.
PHIPPS of the 100th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
6552 As Amended by House Amendment Schedule "A" Approved by the Legislative Commissioner April 28, 2021 AN ACT CONCERNING THE RIGHTS OF RESIDENTS IN NURSING HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE FOR VIRTUAL CONNECTIONS TO FAMILY, FRIENDS AND OTHER PERSONS.
AN ACT CONCERNING THE RIGHTS OF RESIDENTS IN NURSING HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE FOR VIRTUAL CONNECTIONS TO FAMILY, FRIENDS AND OTHER PERSONS.
(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 sHB6552 / File No.
(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 sHB6552 / File No.
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173 on file with 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;
627 document signed by the resident and included in the resident's records on file with 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;
(2) The technology and any recordings obtained therefrom are used by the resident and any person communicating with the resident or monitoring the resident in a manner that does not violate any individual's right to privacy under state or federal law and in accordance with the provisions of this section;
(2) The technology and any recordings and images obtained therefrom are used by the resident and any person communicating with the resident or monitoring the resident in a manner that does not violate any individual's right to privacy under state or federal law and in accordance with the provisions of this section;
(4) In cases where the resident intends to use technology for virtual monitoring in shared living situations, the resident or resident representative provides advance notice to a roommate or the roommate's representative specifying the type of technology, the proposed location of the device, its intended use, intended hours of operation and whether the device is capable of recording audio or video or being activated remotely;
(4) In cases where the resident intends to use technology for virtual monitoring in shared living situations, the resident or resident representative provides advance notice to a roommate or the roommate's representative specifying the type of technology, the proposed location of the device, its intended use, intended hours of operation and whether the device is capable of recording audio or video sHB6552 / File No.
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627 or being activated remotely;
173 (5) The resident or resident representative (A) obtains the written consent of all roommates or resident representatives of all roommates for the use of the technology for virtual monitoring, and (B) if any roommate withdraws consent, ceases using the technology for virtual monitoring until consent is obtained;
(5) The resident or resident representative (A) obtains the written consent of all roommates or resident representatives of all roommates for the use of the technology for virtual monitoring, and (B) if any roommate withdraws consent, ceases using the technology for virtual monitoring until consent is obtained;
The provisions of this subsection shall not apply to cellular mobile telephones used primarily for telephonic communication or tablets not used for virtual monitoring.
Except for the provisions of subdivision (2) of this subsection, the provisions of this subsection shall not apply to cellular mobile telephones used primarily for telephonic communication or tablets not used for virtual monitoring.
(c)(1)AnursinghomefacilityshallprovideInternetaccess,electricity andapowersourcefortechnologyusedforvirtualmonitoringorvirtual visitation at no cost to a resident, provided (A) a nursing home facility includes the cost of providing Internet access in cost reports filed with the Department of Social Services for purposes of Medicaid reimbursement, (B) the cost associated with any necessary upgrades to Internet infrastructure to provide adequate Internet access for residents to use such technology is considered a capital improvement eligible for reimbursement under fair rent rate provisions of subsection (f) of section 17b-340 of the general statutes, (C) the Commissioner of Social sHB6552 / File No.
(c)(1)AnursinghomefacilityshallprovideInternetaccess,electricity andapowersourcefortechnologyusedforvirtualmonitoringorvirtual visitation at no cost to a resident, provided (A) a nursing home facility includes the cost of providing Internet access in cost reports filed with the Department of Social Services for purposes of Medicaid reimbursement, (B) the cost is reimbursed to the facility if the department determines that such cost is eligible for reimbursement sHB6552 / File No.
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173 Servicesusesanyavailablefundingprovidedbythefederalgovernment to the state and authorized by the federal government for expenses related to COVID-19 at nursing home facilities to provide grants-in-aid to such facilities for such upgrades, provided such use is approved by the federal government, and (D) a nursing home facility may assess a prorated portion of any unreimbursed cost of such upgrades to any resident privately paying for a residence in such facility and using such technology.
627 pursuant to section 17b-340 of the general statutes, (C) the Commissioner of Social Services uses any available funding provided by the federal government to the state and authorized by the federal government for expensesrelatedto COVID-19at nursing homefacilities to provide grants-in-aid to such facilities for such upgrades, provided such use is approved by the federal government, and (D) a nursing home facility may assess a prorated portion of any unreimbursed cost ofsuchupgradestoanyresidentprivatelypayingforaresidencein such facility and using such technology.
(d) A nursing home facility shall be immune from any civil, criminal or administrative liability for any (1) violation of privacy rights of any individual under state or federal law caused by a resident's use of technology;
(d) A nursing home facility shall be immune from any civil, criminal or administrative liability for any (1) violation of privacy rights of any individual under state or federal law caused by a resident's use of sHB6552 / File No.
(2) damage to the resident's technology, including, but not sHB6552 / File No.
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627 technology;
173 limited to, malfunction not caused by the negligence of the nursing home facility;
(2) damage to the resident's technology, including, but not limited to, malfunction not caused by the negligence of the nursing home facility;
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173 (g) The Commissioner of Public Health may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section.
627 (g) The Commissioner of Public Health may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section.
Section 1 October 1, 2021 New section Statement of Legislative Commissioners:
Section 1 October 1, 2021 New section sHB6552 / File No.
In Section 1(b)(3), "enabling virtual monitoring" was changed to "enabling virtual monitoring and intended for such use" for accuracy and consistency;
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in Section 1(b)(5)(A), "the roommate" was changed to "all roommates" and ""resident representative of the roommate" was changed to "resident representatives of all roommates" for accuracy and internalconsistency;
627 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.
inSection1(b)(5)(B), ,"the roommate"waschanged to "any roommate" for accuracy and internal consistency;
in Section 1(b)(6)(A), "hours of use" was changed to "hours of operation" for consistency;
in Section 1(c)(1)(C), "such upgrades," was changed to "such upgrades, provided such use is approved by the federal government," for accuracy;
in Section 1(c)(2)(D), "their resident representatives" was changed to "his or her resident representative" for consistency;
in Section 1(e)(2), "may be used" was changed to "may be used for virtual monitoring" for accuracy and consistency;
and in Section 1(f)(1), "their choice" was changed to "his or her choice" for consistency.
AGE Joint Favorable Subst.
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173 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.
House "A" makes clarifying changes and has no fiscal impact.
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173 OLR Bill Analysis sHB 6552 AN ACT CONCERNING THE RIGHTS OF RESIDENTS IN NURSING HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE FOR VIRTUAL CONNECTIONS TO FAMILY, FRIENDS AND OTHER PERSONS.
627 OLR Bill Analysis sHB 6552 (as amended by House "A")* AN ACT CONCERNING THE RIGHTS OF RESIDENTS IN NURSING HOME FACILITIES TO USE THE TECHNOLOGY OF THEIR CHOICE FOR VIRTUAL CONNECTIONS TO FAMILY, FRIENDS AND OTHER PERSONS.
SUMMARY This bill allows a nursing home resident to use technology of their choosing that facilitates virtual monitoring or virtual visitation.
SUMMARY This bill allows nursing home residents to use technology of their choosing that facilitates virtual monitoring or virtual visitation.
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the resident submits to the nursing home a signed written notice and any roommate’s signed written consent at least seven days before installing or using virtual monitoring technology;
the resident submits to the nursing home a signed, written notice and any roommate’s signed, written consent at least seven days before installing or using virtual monitoring technology;
the technology and any recordings obtained from it are used by the resident and any person communicating with or monitoring the resident in a manner that does not violate an individual’s right to privacy under state or federal law.
thetechnology andany recordings or imagesobtainedfromit are used by the resident and any person communicating with or monitoring the resident in a manner that does not violate an individual’s right to privacy under state or federal law.
The bill’s requirements for virtual monitoring technology do not apply to mobile telephones that are used primarily for phone communication or tablets not used for virtual monitoring (hereafter “mobile phones and sHB6552 / File No.
The bill’s requirements for virtual monitoring technology do not apply to mobile telephones that are used primarily for phone sHB6552 / File No.
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173 tablets”).
627 communication or tablets not used for virtual monitoring (hereafter “mobile phones and tablets”), except for requirements related to (1) nursing home policies and procedures on the use of this technology;
(2) civil, criminal, and administrative liability for nursing homes;
(3) nursing home notificationrequirements;(4)long-termcare ombudsman notification and consent forms;
and (5) Department of Public Health (DPH) regulations (see below).
allows the Department of Public Health (DPH) commissioner to adopt regulations to implement the bill’s provisions.
allows the DPH commissioner to adopt regulations to implement the bill’s provisions.
(2) designee, as indicated in a signed written document in the resident’s facility records, or (3) legally liable relative or other responsible party who is not a facility employee or contractor.
(2) designee, as indicated in a signed written document in the resident’s facility records;
or (3) legally liable relative or other responsible party who is not a facility employee or contractor.
*House Amendment “A” adds provisions (1) requiring images, in addition to technology and recordings, obtained from virtual sHB6552 / File No.
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627 monitoring to be used in a manner that does not violate an individual’s privacy rights;
(2) extending certain virtual monitoring requirements to mobile telephones and tablets;
and (3) requiring the Department of Social Services (DSS) to reimburse nursing homes for the cost of free internet access for residents if the department determines the cost is eligible for reimbursement under its fair rent rate.
October 1, 2021 NOTIFICATION AND CONSENT Roommate Notice and Consent If the resident intends to use technology for virtual monitoring in a shared living situation, the bill requires the resident or the resident’s representative to provide advanced notice to the roommate or the roommate’s representative specifying the type and location of the sHB6552 / File No.
October 1, 2021 NOTIFICATION AND CONSENT Roommate Notice and Consent If the resident intends to use technology for virtual monitoring in a shared living situation, the bill requires the resident or the resident’s representative to provide advanced notice to the roommate or the roommate’s representative specifying the type and location of the technology, its intended use and hours of operation, and whether it is capable of recording audio or video or being activated remotely.
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173 technology, its intended use and hours of operation, and whether it is capable of recording audio or video or being activated remotely.
1.
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INTERNET ACCESS The bill requires nursing home facilities to provide residents free internet access, electricity, and a power source for virtual monitoring or virtual visitation technology.
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173 INTERNET ACCESS The bill requires nursing home facilities to provide residents free internet access, electricity, and a power source for virtual monitoring or virtual visitation technology.
the nursing home includes the cost of providing internet access in cost reports it files with the Department of Social Services (DSS) for Medicaid reimbursement;
the nursing home includes the cost of providing internet access in cost reports that it files with DSS for Medicaid reimbursement;
the cost associated with any related internet infrastructure upgrades is considered a capital improvement that is eligible for reimbursement under DSS’s fair rent rate;
the cost is reimbursed to the facility if the department determines it is eligible for reimbursement under DSS’s fair rent rate;
the DSS commissioner uses any available federal funding for COVID-19 related expenses (see BACKGROUND) to provide nursing homes grants to make such internet infrastructure upgrades;
the DSS commissioner uses any available federal funding for COVID-19 related expenses (see BACKGROUND) to provide nursing homes grants to make these internet infrastructure upgrades;
Residents may also procure their own Internet.
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Private-pay residents who do so cannot be charged for the cost of the nursing home’s Internet infrastructure upgrades.
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627 Residents may also procure their own internet.
Private-pay residents who do so cannot be charged for the cost of the nursing home’s internet infrastructure upgrades.
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3.
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limitations on the technology’s use for virtual monitoring when its use will interfere with resident care or privacy, unless the resident, any roommate, or their representatives consent to its use;
limitations on the technology’s use for virtual monitoring when its use will interfere with resident care or privacy unless the resident, any roommate, or their representatives consent to its use;
the ability to limit the technology’s use in the event of a disruption to the facility’s Internet service;
the ability to limit the technology’s use in the event of a disruption to the facility’s internet service;
2.
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3.
and 3.
on the door of a resident’s room or living quarters where this sHB6552 / File No.
on the door of a resident’s room or living quarters where this technology may be used, except for mobile phones and tablets.
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173 technology may be used, except for mobile phones and tablets.
resident notice to a nursing home of their intent to install and use virtual monitoring technology;
residents’ notice to a nursing home of their intent to install and use virtual monitoring technology;
BACKGROUND Related Executive Order The governor’s May 13, 2020, executive order authorizes the DSS commissioner to distribute Coronavirus Relief Funds (CRF) the state receives under the federal “Coronavirus Aid, Relief, and Economic Security Act” (“CARES Act,” P.L.
BACKGROUND Related Executive Order The governor’s May 13, 2020, executive order authorizes the DSS commissioner to distribute Coronavirus Relief Funds (CRF) the state receives under the federal “Coronavirus Aid, Relief, and Economic sHB6552 / File No.
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627 Security Act” (“CARES Act,” P.L.
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