36-568. Group homes; intermediate care facilities; electronic monitoring; rules; policies; definition

A. A service provider that operates a group home or an intermediate care facility for persons with an intellectual disability may install, oversee and monitor electronic monitoring devices in common areas, including hallways, of the group home or intermediate care facility. The service provider may contract with a third party to install, oversee and monitor the electronic monitoring device.

B. The director shall adopt rules regarding the use of electronic monitoring in group homes and intermediate care facilities that include at a minimum:

1. Consent requirements consistent with section 13-3019.

2. Public disclosure that an electronic monitoring device is in use on the property.

3. The maintenance, storage and retention schedule of the electronic record.

4. Who may access the electronic record and under what circumstances.

5. How confidentiality and privacy are maintained.

6. How often the electronic monitoring device is monitored or reviewed by the service provider or the service provider's designee.

7. Ensuring that all staff who have access to the electronic record are properly trained in the facility policies and the protection of client rights.

8. Ensuring that adherence to the facility policies is monitored and the risks or breaches of the facility policies are promptly addressed.

C. The rules adopted pursuant to subsection B of this section may not:

1. Prohibit accessing the electronic record from the service provider, the member or the member's family or guardian unless the electronic record contains evidence of a suspected criminal offense.

2. Require a service provider to be financially responsible for purchasing, installing, maintaining or monitoring an electronic monitoring device that is not voluntarily installed by the service provider in the group home or intermediate care facility.

D. If a service provider has installed and uses an electronic monitoring device before August 27, 2019, the service provider shall establish policies consistent with rules adopted pursuant to subsection B of this section and submit the policies to the department within ninety days after the rules are adopted.

E. For the purposes of this section, " electronic monitoring device" :

1. Means a video surveillance camera or audio device that is installed in a common area, including a hallway, of a group home or intermediate care facility.

2. Does not include an electronic, mechanical or other device that is specifically used for the nonconsensual interception of wire or electronic communications.