Illinois General Assembly - Bill Status for HB2462

Creates the Authorized Electronic Monitoring in Long-Term Care Facilities Act. Provides that, subject to certain conditions, a resident of a facility licensed under the ID/DD Community Care Act or the Nursing Home Care Act shall be permitted to use an audio or video surveillance system in his or her room at his or her expense. Requires the electronic monitoring device to be placed in a conspicuously visible location in the room. Requires the Department of Public Health to establish a program to distribute up to $50,000 in funds, disbursed by lottery, each year to certain residents for the purchase and installation of electronic monitoring devices. Establishes criminal penalties for a person or entity that knowingly hampers, obstructs, tampers with, or destroys an electronic monitoring device. Provides that it is a business offense for a facility to discriminate or retaliate against a resident or prospective resident for consenting to the electronic monitoring. Provides that it is a petty offense for a facility to prevent the installation of an electronic monitoring device by a resident who has provided the facility with the consent required by certain provisions of the Act. Contains provisions concerning: resident consent to monitoring; facility accommodation of electronic monitoring; notice of electronic monitoring to visitors; limitations on facility access to recordings; the admissibility of recordings in civil, criminal, and administrative actions; facility reporting; and rulemaking.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes that include the following: (1) makes changes to the definition of "electronic monitoring device", including providing that a video camera be a fixed position video camera; (2) makes changes to the definition of "facility"; (3) makes changes to provisions concerning consent to electronic monitoring on behalf of a resident; (4) adds provisions concerning roommates who withdraw consent to electronic monitoring; (5) requires the facility to make a reasonable attempt to accommodate a resident who wants to conduct authorized electronic monitoring and adds provisions concerning how a facility fulfills that requirement; (6) in provisions that require a resident to provide the facility with notice of his or her intent to install an electronic monitoring device, provides specified requirements for that notice; (7) authorizes the Department of Public Health to accept and investigate complaints regarding compliance with the Act; (8) adds an affirmative defense to a violation of provisions concerning the obstruction of electronic monitoring devices; (9) removes references to photographs created through authorized electronic monitoring; (10) provides that it is a Class B misdemeanor for a facility to access video or audio recordings created through authorized electronic monitoring without the consent of the resident or for any recording to be disseminated to any person other than specified persons or entities; and (11) makes other changes.

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with changes that include the following: Provides that a resident's representative may consent to authorized electronic monitoring on behalf of a resident who does not affirmatively object to authorized electronic monitoring and lacks the ability to understand and appreciate the nature and consequences of electronic monitoring. Defines "resident's representative". Makes changes in provisions that require a resident conducting authorized electronic monitoring to obtain the consent of his or her roommate. Requires the Department of Public Health to prescribe a consent form within 60 days after the effective date of the Act. Provides that if the Department has not prescribed the consent form by that date, a resident may create his or her own consent form to meet the requirements of the Act until the Department has prescribed the form. Provides that a facility shall not be civilly or criminally liable for a resident's, or the person who consented on behalf of the resident's, inadvertent or intentional disclosure of a recording made pursuant to the Act. In a provision that prohibits the obstruction of electronic monitoring devices, provides that a person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the permission of the resident or the individual who consented on behalf of the resident and provides that a person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying a video or audio recording obtained in accordance with the Act without the permission of the resident or the individual who consented on behalf of the resident. Adds an effective date of January 1, 2016. Makes other changes.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with changes that include the following: (1) makes changes to provisions concerning consent and notification; (2) provides that nothing in the Act shall be construed to allow the use of an electronic monitoring device to take still photographs or for the nonconsensual interception of private communications; (3) provides a non-exhaustive list of conditions that a resident may impose on the use of an electronic monitoring device; (4) removes a list of persons and entities to which a resident may disseminate recordings and removes a corresponding penalty provision; (5) in a provision concerning the establishment of a program to assist certain residents in accessing authorized electronic monitoring, provides that the program is subject to appropriation; (6) provides that a recording made pursuant to the Act may only be disseminated for the purpose of addressing concerns relating to the health, safety, or welfare of a resident or residents; (7) provides that the resident or the person who consented on behalf of the resident shall provide a copy of any video or audio recording to parties involved in a civil, criminal, or administrative proceeding, upon a party's request, if the recording was made during the time period that the conduct at issue in the proceeding allegedly occurred; (8) provides that a facility is not civilly or criminally liable for a violation of a resident's right to privacy arising out of any electronic monitoring conducted pursuant to the Act; (9) removes a provision that authorizes the Department of Public Health to accept and investigate complaints regarding compliance with the Act; (10) amends the Nursing Home Care Act and the ID/DD Community Care Act to prohibit a facility from intentionally retaliating or discriminating against a resident for consenting to authorized electronic monitoring and preventing the installation or use of an electronic monitoring device by a resident who has met certain requirements and removes a similar provision in the Authorized Electronic Monitoring in Long-Term Care Facilities Act; and (11) makes other changes. Effective January 1, 2016.

Provides that a roommate may consent to authorized electronic monitoring with any condition of his or her choosing. Provides that a roommate may request that the electronic monitoring device be turned off or the visual recording component of the electronic monitoring device be blocked at any time. Provides that if the Department of Public Health has not prescribed a notification and consent form within 60 days of the effective date, the Office of the Attorney General shall post a notification and consent form on its website for resident use (instead of authorizing a resident to create his or her own notification and consent form to meet the requirements of the Act). Provides that it is not a violation of the prohibition on a person or entity from obstructing an electronic monitoring device if a person or facility turns off the electronic monitoring device or blocks the visual recording component of the electronic monitoring device at the direction of the resident or the person who consented to the electronic monitoring on behalf of the resident. Removes a provision establishing an affirmative defense to that prohibition.

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