Pennsylvania HB 1350: An Act amending Title 8 (Boroughs and Incorporated Towns) of the Pennsylvania Consolidated Statutes, in powers and duties of elected officials, further providing for surcharge by auditors; in powers, duties and rights of appointed officers and employees, further providing for borough manager created by ordinance and election, for powers and duties, for other offices not incompatible and for organization of commission; and, in taxation and finance, further providing for preparation of budget.

Bill Text

PRINTER'S NO. 1538
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1350
Session of
2025
INTRODUCED BY M. BROWN, PICKETT, SCIALABBA, ROWE, STEHR,
K.HARRIS AND COOPER, APRIL 30, 2025
REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES,
APRIL 30, 2025
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," providing for resident care
monitoring; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
chapter to read:
CHAPTER 8-D
RESIDENT CARE MONITORING
Section 801-D. Scope of chapter.
This chapter relates to resident care monitoring.
Section 802-D. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic monitoring device." A surveillance instrument
with a fixed position video camera or an audio recording device,
or a combination of fixed position video camera or audio
recording device, that is installed in a resident's room and
broadcasts or records activities or sounds occurring in the
room.
"Facility." The term shall have the same meaning as the term
"long-term care nursing facility" is defined in section 802.1.
"Guardian." A fiduciary who has the care and management of
the estate or person of an incapacitated person under the
provisions of 20 Pa.C.S. Ch. 55 (relating to incapacitated
persons). The term includes a health care agent as defined in 20
Pa.C.S. § 5422 (relating to definitions).
"Resident." An individual who resides in a facility in this
Commonwealth.
Section 803-D. Use of electronic monitoring devices.
A resident or the guardian of the resident may authorize the
installation and use of an electronic monitoring device in the
resident's room, as provided under this chapter.
Section 804-D. Conditions of consent.
(a) Form.--
(1) A resident or the guardian of the resident who
authorizes the installation of an electronic monitoring
device in a facility shall notify the facility on an
electronic monitoring device authorization form prescribed by
the department and provided by the facility to the resident
and, if applicable, the guardian of the resident .
(2) The form in paragraph (1) shall:
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(i) Require the resident or the guardian of the
resident to choose whether the electronic monitoring
device should always be unobstructed or whether the
camera should be obstructed in specified circumstances to
protect the dignity of the resident.
(ii) Specify that the consent of other residents
residing in the same room as the resident must be
obtained regarding the use of the electronic monitoring
device.
(iii) Include:
(A) An explanation of this article.
(B) An acknowledgment that the resident or
resident's guardian has consented to the installation
and use of the electronic monitoring device in the
resident's room.
(C) For a resident who lives in a room with
another resident, an acknowledgment that the other
resident or other resident's guardian has consented
to the installation and use of the electronic
monitoring device and a description of any conditions
placed on that consent.
(D) A section for providing the facility with
information regarding the type, function and use of
the electronic monitoring device to be installed and
used.
(E) A section stating that the facility is
released from liability in a civil or criminal action
or administrative proceeding for a violation of the
resident's right to privacy in connection with using
the electronic monitoring device.
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(F) An acknowledgment that the resident is
responsible for the installation, removal and
maintenance costs, including Internet service costs
and network access costs associated with using an
electronic monitoring device.
(G) An acknowledgment that an electronic
monitoring device may not be used until the required
consent of all residents in the room has been
obtained.
(b) Written consent.--Subject to subsection (c), written
consent for an electronic monitoring device in a facility shall
be given only by:
(1) A resident who has capacity to sign the consent
form.
(2) The guardian of the resident, if the resident has
been judicially declared to lack capacity r