HOUSE BILL No. 5603


     February 7, 2002, Introduced by Reps. Lemmons, Hale, Clarke, Anderson, Hardman and Stallworth 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:

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             SEC. 21788.  (1) A NURSING HOME SHALL PERMIT A RESIDENT OR

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        THE RESIDENT'S LEGAL REPRESENTATIVE TO MONITOR THE RESIDENT

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        THROUGH THE USE OF AN ELECTRONIC MONITORING DEVICE IF ALL OF THE

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        FOLLOWING REQUIREMENTS ARE MET:

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             (A) THE MONITORING IS COMPLETELY VOLUNTARY AND IS CONDUCTED

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        AT THE ELECTION OF THE RESIDENT OR THE RESIDENT'S LEGAL

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        REPRESENTATIVE.

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             (B) ALL COSTS OF THE MONITORING, INCLUDING, BUT NOT LIMITED

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        TO, THE COST OF THE ELECTRONIC MONITORING DEVICE AND ITS

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        INSTALLATION, ARE PAID BY THE RESIDENT OR THE RESIDENT'S LEGAL

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        REPRESENTATIVE.


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             (C) THE MONITORING IS CONDUCTED IN A MANNER THAT PROTECTS

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        THE PRIVACY OF OTHER RESIDENTS AND VISITORS TO THE NURSING HOME

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        TO THE EXTENT REASONABLY POSSIBLE.

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             (D) THERE IS A NOTICE POSTED ON THE DOOR OF THE RESIDENT'S

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        ROOM STATING THAT THE ROOM IS BEING MONITORED BY AN ELECTRONIC

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        MONITORING DEVICE.

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             (2) A NURSING HOME SHALL MAKE REASONABLE ACCOMMODATION FOR

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        ELECTRONIC MONITORING BY PROVIDING ALL OF THE FOLLOWING:

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             (A) A REASONABLY SECURE PLACE TO MOUNT THE ELECTRONIC MONI-

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        TORING DEVICE.

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             (B) ACCESS TO A POWER SOURCE FOR THE ELECTRONIC MONITORING

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        DEVICE.

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             (C) NOTICE TO ALL RESIDENTS OF THE RIGHT TO INSTALL AN ELEC-

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        TRONIC MONITORING DEVICE.

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             (3) A NURSING HOME SHALL NOT REFUSE TO ADMIT AN INDIVIDUAL

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        AS A RESIDENT OF OR REMOVE A RESIDENT FROM THE NURSING HOME

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        BECAUSE OF A REQUEST TO INSTALL AN ELECTRONIC MONITORING DEVICE.

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             (4) A NURSING HOME MAY REQUIRE A RESIDENT OR THE RESIDENT'S

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        LEGAL REPRESENTATIVE WHO WISHES TO INSTALL AN ELECTRONIC MONITOR-

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        ING DEVICE TO MAKE THE REQUEST IN WRITING.

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             (5) SUBJECT TO THE MICHIGAN RULES OF EVIDENCE, A TAPE OR

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        OTHER RECORDING CREATED BY AN ELECTRONIC MONITORING DEVICE UNDER

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        THIS SECTION IS ADMISSIBLE IN EITHER A CIVIL OR A CRIMINAL ACTION

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        BROUGHT IN A COURT IN THIS STATE.

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             (6) AS USED IN THIS SECTION, "ELECTRONIC MONITORING DEVICE"

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        MEANS A VIDEO SURVEILLANCE CAMERA, AN AUDIO DEVICE, A VIDEO

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        TELEPHONE, AN INTERNET VIDEO SURVEILLANCE DEVICE, OR A SIMILAR



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        DEVICE DESIGNED TO CAPTURE THE AUDIO RECORDINGS OR VISUAL IMAGES

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        OF ITS SURROUNDINGS.




















































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