HOUSE BILL No. 4136

 

February 1, 2005, Introduced by Rep. Bieda and referred to the Committee on Senior Health, Security, and Retirement.

 

     A bill to amend 1979 PA 218, entitled

 

"Adult foster care facility licensing act,"

 

(MCL 400.701 to 400.737) by adding section 28.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 28. (1) An adult foster care facility shall permit a

 

resident or the resident's guardian 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 guardian.

 

     (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 guardian.

 

     (c) The monitoring is conducted in a manner that protects the

 

privacy of other residents and visitors to the adult foster care

 

facility to the extent reasonably possible. If a resident or the

 

resident's guardian wishes to install an electronic monitoring

 

device in the resident's room, and if the resident shares the room

 

with another resident, the written consent of the other resident or

 

his or her guardian must be obtained before the electronic

 

monitoring device is installed.

 

     (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) An adult foster care facility 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) An adult foster care facility shall not refuse to admit an

 

individual as a resident of or remove a resident from the adult

 

foster care facility because of a request to install an electronic

 

monitoring device.

 

     (4) An adult foster care facility may require that a resident

 

or the resident's guardian submit a request to install an

 


electronic monitoring device 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) A licensee or employee of an adult foster care facility

 

who violates this section is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$2,000.00, or both.

 

     (7) An individual who willfully and without the consent of the

 

resident or the resident's guardian hampers, obstructs, tampers

 

with, or destroys the resident's or the resident's guardian's

 

electronic monitoring device or its film, tape, or other recording

 

medium is guilty of a misdemeanor punishable by imprisonment for

 

not more than 90 days or a fine of not more than $2,000.00, or

 

both.

 

     (8) 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.