HB 491

Create a new section of KRS Chapter 216 to define terms; permit a resident of a long-term care facility to install an electronic monitoring device; require a resident to give consent to install an electronic monitoring device; establish the actions that a resident and a facility may take if consent is granted or if consent is not granted; require the cabinet to create a form to authorize the installation and use of an electronic monitoring device and set requirements; establish installation, use, and retention requirements for devices and recordings; require a long-term care facility to post a notice that an electronic monitoring device is used in a room; prohibit a resident from being discriminated or retaliated against because of the decision to authorize and use an electronic monitoring device; establish guidelines on who can view or listen to the images displaced by the monitoring device; prohibit unauthorized individuals from destroying the device or recordings; establish limits on liability and liability defenses; require the Cabinet for Health and Family Services to promulgate administrative regulations; exempt specific provisions if a monitoring device is installed by a law enforcement agency; establish penalties.