Connecticut HB 5142: AN ACT CONCERNING THE USE OF TECHNOLOGY FOR VIRTUAL MONITORING IN RESIDENTIAL CARE HOMES.

Bill Text

House Bill No. 5142 
 
Public Act No. 26-28 
 
 
AN ACT CONCERNING THE USE OF TECHNOLOGY FOR VIRTUAL 
MONITORING IN RESIDENTIAL CARE HOMES. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly convened: 
 
Section 1. (NEW) (Effective October 1, 2026) (a) As used in this section: 
(1) "Resident" means a resident of a residential care home; 
(2)    "Resident    representative"    means    (A)    a    court-appointed 
conservator of the person or guardian, (B) a health care representative 
appointed pursuant to section 19a-575a of the general statutes, or (C) if 
there  is  no  court-appointed  conservator  of  the  person  or  guardian,  or 
health  care  representative,  a  person  who  is  (i)  designated  in  a  written 
document signed by the resident and included in the resident's records 
on file with the residential care home, or (ii) if there is no such written 
document, a person who is a legally liable relative or other responsible 
party,  provided  such  person  is  not  an  employer  or  contractor  of  the 
residential care home; 
(3)  "Residential  care  home"  has  the  same  meaning  as  provided  in 
section 19a-490 of the general statutes; 
(4)  "Technology"  means  a  device  capable  of  remote  audio  or  video 
communications that may include recording capabilities; and 

House Bill No. 5142 
 
Public Act No. 26-28 2 of 5 
 
(5) "Virtual monitoring" means remote monitoring of a resident by a 
third  party  via  technology owned  and  operated  by  the  resident  in the 
resident's room or living quarters. 
(b)  (1)  A  resident  shall  have  the  right  to  use  technology  of  the 
resident's choice that facilitates virtual monitoring, provided: 
(A)   The   purchase,   activation,   installation,   maintenance,   repair, 
operation,  deactivation  and  removal  of  such  technology  is  at  the 
expense of the resident; 
(B)   The   technology   and   any   recordings   and   images   obtained 
therefrom are used by the resident and any person communicating with 
the resident or monitoring the resident in a manner that does not violate 
any  individual's  right  to  privacy  under  state  or  federal  law  and  in 
accordance with the provisions of this section; 
(C)  A  clear  and  conspicuous  notice  is  placed  on  the  door  of  the 
resident's  room  or  living  unit  indicating  that  technology  enabling 
virtual monitoring and intended for such use may be in use; 
(D) In cases where the resident intends to use technology for virtual 
monitoring   in   shared   living   situations,   the   resident   or   resident 
representative   provides   advance   notice   to   a   roommate   or   the 
roommate's   representative   specifying   the   type   of   technology, the 
proposed  location  of  the  device,  its  intended  use,  intended  hours  of 
operation and whether the device is capable of recording audio or video 
or being activated remotely; 
(E)  The  resident  or  resident  representative  (i)  obtains  the  written 
consent  of  all  roommates  or resident  representatives  of  all  roommates 
for  the  use  of  the  technology  for  virtual  monitoring,  and  (ii)  if  any 
roommate  withdraws  consent,  ceases  using  the  technology  for  virtual 
monitoring until consent is obtained; and 

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(F)  The  resident  or  resident  representative  files  a  signed,  written 
notice with the residential care home and a copy of any written consent 
of any roommate not less than seven days before installing or using such 
technology   for   virtual   monitoring   that   (i) identifies   the   type   of 
technology, its intended use, intended hours of operation and location 
of such technology in the room or living quarters, (ii) states whether the 
technology is capable of recording audio or video or being activated or 
controlled remotely, (iii) acknowledges that the resident is responsible 
for the purchase, activation, installation, maintenance, repair, operation, 
deactivation and removal of such technology, and (iv) includes a waiver 
of all civil, criminal and administrative liability for the residential care 
home in accordance with subsection (e) of this section. 
(2) Except as provided in subparagraph (B) of subdivision (1) of this 
subsection, the provisions of this subsection shall not apply to cellular 
mobile  telephones  used  primarily  for  telephonic  communication  or 
tablets  not  used  for  virtual  monitoring.  If  a  roommate  withdraws 
consent  for  the  use  of  technology  for  virtual  monitoring,  a  resident  or 
resident  representative  shall   inform  the  residential  care  home,  in 
writing,  not  later  than  seven  days  after  the  roommate  withdraws 
consent. 
(c) A residential care home may establish policies and procedures on 
the  use  of  technology  for  virtual  monitoring  addressing  (1)  except  for 
cellular mobile telephones used primari