Amends TCA Title 39; Title 63; Title 68 and Title 71.

This bill requires every nursing home in the state to equip a resident's room with a functioning monitoring device, if requested to do so in writing by the resident or the resident's legal representative. This bill defines "monitoring device" as a surveillance instrument that transmits and records activity and is connected to the nursing home's computer network, which includes audio devices installed in a resident's room designed to collect sound, but does not include a camera that records still images exclusively or a wiretapping device. Under this bill: (1) The resident is responsible for the actual cost of the device and actual cost to the nursing home for the installation; and (2) The device may be supplied by the resident or resident's legal representative, as long as the device complies with the requirements of this bill or the nursing home, with actual cost of the device charged to the resident. This bill provides that, at the time a resident is admitted, the nursing home must notify in writing the resident, or the resident's legal representative, of the resident's right to have a monitoring device installed in the resident's room. This notification must include: (1) A description of the type, function, and use of the monitoring device; (2) A statement that, by requesting a monitoring device, in the resident's room, the resident waives the resident's right to privacy in connection with the use of the monitoring device; and (3) An explanation of the process for rescinding a request for the use of a monitoring device in the resident's room. The resident, or the resident's legal representative, may submit a removal form to remove a requested monitoring device at any time during which the resident resides in the nursing home. The nursing home must keep a record of each resident's choice regarding the monitoring device which must be accessible to the board for licensing healthcare facilities upon request. If a resident, or the resident's legal representative, submits a removal form to have the device removed, the nursing home must remove the monitoring device. The resident will be responsible for the actual cost to the nursing home for the removal. The nursing home must permit the resident or the resident's legal representative to monitor the resident's room through the monitoring device. Under this bill, if a resident in a shared room wishes to have a monitoring device installed and another resident of that shared room does not want a monitoring device in the room, then the nursing home must make a reasonable attempt to accommodate each resident as it pertains to monitoring. This bill sets out in detail the requirements for notifying residents and visitors of monitoring devices. This bill outlines a process for a person who views abuse or neglect via the monitoring device to report such incidents to the nursing home. Also if a nursing home staff member views such an incident on a recording, this bill requires them to notify the board as soon as practicable after viewing. This bill specifies that compliance with its provisions will be a complete defense to any civil or criminal action brought against the resident, the resident's legal representative, or the nursing home for the use of a monitoring device. This bill specifies that any communication or sound acquired through a monitoring device does not violate wiretapping laws. Under this bill, a nursing home will not be civilly or criminally liable for the inadvertent or intentional disclosure of a recording by a resident or their legal representative, and will not be liable for a violation of a resident's right to privacy arising out of monitoring. Under this bill, tape or recordings collected through monitoring devices may be admitted as evidence in certain circumstances, as detailed in this bill. This bill specifies that a nursing home must not deny a person or resident admission based on their choice not to authorize monitoring in their room. The board is authorized to impose appropriate sanctions on any person who knowingly: (1) Refuses to permit a resident, or the resident's legal representative, to monitor the resident's room through the use of the monitoring device; (2) Refuses to admit a person to residency or allows the removal of a resident from the nursing home because the person, or the person's legal representative, requests that a monitoring device not be used in the resident's room; or (3) Violates this bill. Under this bill, it is a Class B misdemeanor to intentionally hamper, obstruct, tamper with, or destroy a monitoring device installed in a resident's room, or a tape or recording made by a monitoring device. However, this bill creates a defense to prosecution that the person took such action with the effective consent of the resident or resident's legal representative. This bill provides that except as otherwise provided in this bill, a tape or recording created through the use of a monitoring device described in this bill is confidential and not a public record.