§1193.4. Monitoring device option; installation; consent of residents in shared rooms; accommodation by nursing home

A.(1) At the time of a person's admission to a nursing home, the nursing home shall notify the person of his right to have a monitoring device installed in his room, and shall offer the person the option to have a monitoring device. The resident or his roommate may exercise the right to install or remove a monitoring device at any time during which he resides in the nursing home. The nursing home shall keep a record of the person's authorization or choice not to have a monitoring device.

(2) The nursing home shall make the record provided for in Paragraph (1) of this Subsection accessible to the ombudsman.

B.(1) If a resident who is residing in a shared room wishes to have a monitoring device installed in the room and another resident living in or moving into the same shared room refuses to consent to the use of the monitoring device, then the nursing home shall make a reasonable attempt to accommodate the resident who wishes to have the monitoring device installed. A nursing home shall be deemed to have met this accommodation requirement when, upon notification that a roommate has not consented to the use of an electronic monitoring device in his room, the facility offers to move either resident to another shared room that is available at the time of the request.

(2) If a resident chooses to reside in a private room in order to accommodate the use of an electronic monitoring device, the resident shall pay the private room rate. If a nursing home is unable to accommodate a resident due to lack of space, the nursing home shall reevaluate the request at least once every two weeks until the request is fulfilled.

C. After authorization, consent, and notice in accordance with this Part, a resident or his legal representative may install, operate, and maintain, at the expense of the resident, a monitoring device in the room of the resident.

D. The nursing home shall cooperate to accommodate the installation of the monitoring device unless doing so would place undue burden on the nursing home.

E. The monitoring device shall be in a fixed, stationary position and shall monitor only the resident who consents either personally or through his legal representative to be monitored.

Acts 2018, No. 596, §1.