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H 759

An Act improving oversight in long-term care facilities

194th Legislature (2025-2026) Introduced by Rob Consalvo

The bill allows residents in private, single-occupancy rooms to install monitoring devices (including two-way cameras) to observe care, with consent, privacy safeguards, and regula

Accompanied a study order, see H5310 (under House Rule 27)
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Bill Summary · H 759

Summary: An Act improving oversight in long-term care facilities (H 759)

Overview

H 759, introduced February 27, 2025 by Rep. Rob Consalvo, would amend Chapter 111 of the General Laws to authorize certain monitoring of a resident’s private room in long-term care facilities (nursing homes, rest homes, and similar facilities). The measure allows a resident—or, with the resident’s consent or, if the resident cannot understand the implications, the resident’s health care proxy or family member—to place a monitoring device (including a two-way camera) in the resident’s private, single-occupancy room to observe the resident’s care and living arrangements. The bill emphasizes notification, privacy protections, and regulatory standards.

Key Provisions

  • Authorized monitoring in private rooms (new Section 72HH):

    • A resident in a private, single-occupancy room may have a monitoring device placed to monitor care and living arrangements.
    • Consent requirements:
    • The resident’s consent is needed; if the resident lacks capacity, the resident’s health care proxy may consent on the resident’s behalf.
    • The resident’s family member also may be involved with consent, subject to the resident’s consent and capacity considerations.
    • Scope limitation: The device may not monitor any other resident’s private space or any communal spaces.

  • Notification and visibility:

    • The facility must be notified before placement.
    • Conspicuous signage must be posted to alert entrants that the room is being remotely monitored.
    • Facility staff and contractors must be informed of the monitoring device.

  • Costs:

    • All costs related to installation and maintenance are borne by the person who installed the device (typically the resident or family/proxy).

  • Use and retention of recordings:

    • Recordings may be disseminated only for:
    • Filing a complaint with the facility or a regulatory authority,
    • Admissibility as evidence in civil/criminal/administrative proceedings, or
    • Other lawful purposes.

  • Regulatory framework:

    • The Department of Public Health (or the applicable department under Chapter 30A) must promulgate regulations establishing minimum privacy and notification standards.
    • The department must develop a standard notification form for facilities.

Affected Parties

  • Residents in long-term care facilities residing in private, single-occupancy rooms.
  • Resident representatives—family members or health care proxies—who may consent or facilitate monitoring.
  • Long-term care facilities, including administrators, staff, and contractors.
  • The regulatory department responsible for oversight (e.g., the Department of Public Health) to implement regulations.

Procedural and Timeline Aspects

  • Introduced: February 27, 2025.
  • Referral history: Referred to the Committee on Elder Affairs (February 27, 2025); subsequently to the Committee on Aging and Independence (June 27, 2025).
  • Hearing: Scheduled for September 16, 2025, from 10:00 AM to 1:00 PM in hearing room A-2.
  • Related bill: HD 1954 (replaces).

Notes on Impact

  • The bill aims to enhance oversight and resident safety by enabling direct monitoring of care in private rooms, balanced by privacy protections and regulatory oversight.
  • Privacy considerations are addressed through mandatory signage, restricted monitoring to private rooms, limited use of recordings, and regulated standards.
  • Implementation hinges on regulatory rulemaking by the appropriate department and facility compliance with notification and consent processes.

Compiled from official sources — confirm details with the bill’s official record.

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