Idaho Legislature: Ask Legislators to VOTE NO on H0287 - Long-term care facility monitoring (posted 02/25/25)

• Bill: legislature.idaho.gov/s…

• Contact Legislators: emailidaho.com

(Check the linked page or use My Bill Tracker for the bill’s current status.)

_______

H0287 establishes the Electronic Monitoring Devices in Long-Term Care Facilities Act.

Specifics:

• Allows residents, guardians, or health care agents to install electronic monitoring devices (cameras or audio recording devices) in a resident's private room in long-term care facilities such as nursing homes and assisted living centers.

• Authorization may be withdrawn.

• Requirements for device installation:

• Resident must pay for the device and its installation (no standards specified)

• Room cannot be shared with another resident

• If monitoring is desired for shared room, resident, guardian, health care agent can request transfer to private room (more costly for patients, families, and insurance!)

  • Device must be positioned to protect the resident's privacy by avoiding capturing sensitive or intimate body areas (complicates patient care)

  • Facility may post a notice that electronic monitoring is in place

• Facility must provide an authorization form explaining the device's use and releasing the facility from liability in any civil or criminal action or administrative proceeding for violating the resident's right to privacy while device is in use.

• Only the resident, guardian, health care agent, or authorized individuals may view or listen to recordings, with limited exceptions for law enforcement.

• Prohibits facilities from discriminating against residents using electronic monitoring.

• Penalizes unauthorized tampering with devices or recordings, including civil fines and potential misdemeanor charges.

• Authorizes Department of Health and Welfare to create rules for implementation.

Why VOTE NO?

• Loneliness, isolation, neglect, hands-off approach by staff, deadly medical protocols, and inability to see loved ones likely are more common and detrimental than abuse in long-term care facilities (abuse is BAD but electronic monitoring likely won’t solve it)

• Excessive remote monitoring encourages "hands-off" approach and likelihood that patients would be monitored on phones and screens rather than in-person

• Excessive exposure to EMR as wireless facilities are expanded – affects patients and staff

• Financial hardship for facilities to install infrastructure, especially smaller facilities

• Financial hardship if private rooms are needed

• Liability releases not be given for privacy violations

• Devices could be turned off to hide abuse despite penalties if caught doing this

Book Reference:

• What the Nurses Saw: An Investigation Into Systemic Medical Murders That Took Place in Hospitals During the COVID Panic and the Nurses Who Fought Back to Save their Patients: