January 27, 2005, Introduced by Reps. Lemmons, Jr. and Lemmons, III and referred to the Committee on Senior Health, Security and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 21788.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21788. (1) A nursing home shall permit a resident or the
resident's legal representative to monitor the resident through the
use of an electronic monitoring device if all of the following
requirements are met:
(a) The monitoring is completely voluntary and is conducted at
the election of the resident or the resident's legal
representative.
(b) All costs of the monitoring, including, but not limited
to, the cost of the electronic monitoring device and its
installation, are paid by the resident or the resident's legal
representative.
(c) The monitoring is conducted in a manner that protects the
privacy of other residents and visitors to the nursing home to the
extent reasonably possible.
(d) There is a notice posted on the door of the resident's
room stating that the room is being monitored by an electronic
monitoring device.
(2) A nursing home shall make reasonable accommodation for
electronic monitoring by providing all of the following:
(a) A reasonably secure place to mount the electronic
monitoring device.
(b) Access to a power source for the electronic monitoring
device.
(c) Notice to all residents of the right to install an
electronic monitoring device.
(3) A nursing home shall not refuse to admit an individual as
a resident of or remove a resident from the nursing home because of
a request to install an electronic monitoring device.
(4) A nursing home may require a resident or the resident's
legal representative who wishes to install an electronic monitoring
device to make the request in writing.
(5) Subject to the Michigan rules of evidence, a tape or other
recording created by an electronic monitoring device under this
section is admissible in either a civil or a criminal action
brought in a court in this state.
(6) As used in this section, "electronic monitoring device"
means a video surveillance camera, an audio device, a video
telephone, an internet video surveillance device, or a similar
device designed to capture the audio recordings or visual images of
its surroundings.