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HB 5610

Authorizing Monitoring Devices in Long-term Care Facilities

2026 Regular Session Introduced by Shawn Fluharty and 5 co-sponsors

authorizes in-room electronic monitoring in long-term care with resident/guardian consent, cost borne by the resident, and privacy safeguards with penalties for misuse.

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Bill Summary · HB 5610

Comprehensive Summary of HB 5610 (2026) — West Virginia

Title: Authorizing Monitoring Devices in Long-Term Care Facilities (GRAM'S Act)

Jurisdiction: West Virginia

Session: 2026

Status: Introduced February 16, 2026; referred to Health and Human Resources, then Judiciary

Primary Sponsors: Delegates Fluharty, Hamilton, Lewis, Garcia, Young, Hansen, Hornbuckle, Williams
Co-sponsors: Evan Hansen, Kayla Young, Hollis Lewis, Sean Hornbuckle, Shawn Fluharty, John Williams

1) Purpose and Intent

  • Establishes a framework to authorize, regulate, and monitor the installation and use of electronic monitoring devices (surveillance cameras and/or audio recorders) in the rooms of long-term care facility residents.
  • Aims to enable family members or guardians to observe the care and well-being of residents who may have limited ability to communicate or advocate for themselves.
  • Seeks to balance family access with privacy protections for other residents and accountability for facilities.

2) Key Provisions and Changes

A. Short Title

  • Referred to as the Granting Relatives Access to Monitor Act (GRAM'S Act).

B. Definitions

  • Electronic monitoring device: Fixed-position video camera and/or audio recording device installed in a resident’s room, capable of broadcasting or recording activities and sounds.
  • Long-term care facility: Includes nursing homes, personal care homes, residential boards and care homes, extended care facilities, certain federal/state facilities, and similar housing offering care services to residents not related to the owner/manager by close family ties.
  • Resident: An individual residing in a long-term care facility.
  • Attorney in fact / Guardian: Persons authorized to act on behalf of the resident for health care or guardianship purposes.

C. Use of Monitoring Devices; Consent Requirements ( §16-67-3 )

  • Installation permitted only if: 1) The resident (or guardian/attorney in fact) completes a prescribed form (if the facility provides one) and submits it. 2) The resident or guardian/attorney in fact pays all costs for the device and its installation, maintenance, and removal (excluding electricity).
  • The resident may withdraw consent at any time.

D. Monitoring Conditions in Shared Rooms ( §16-67-4 )

  • If the resident shares a room, the consent of the other resident (or their guardian/attorney) is required before installation or use.
  • If both residents consent, the facility may implement the device with any agreed-upon conditions (e.g., camera directed away from the other resident, limits on use).
  • If one party refuses consent, the facility must attempt to accommodate by moving residents to separate rooms with consent, subject to room availability and consent.
  • Any consent can be withdrawn at any time.

E. Authorization Process and Facility Duties ( §16-67-5 )

  • Facilities may prescribe a consent form with:
    • Explanation of the article’s provisions
    • Acknowledgment of consent by the resident (and, if applicable, the other resident)
    • Description of device type, function, and use
    • Indication that the facility is released from liability regarding privacy concerns related to device use
  • Facilities may post a conspicuous notice at the entrance to a room where a device is in use.
  • No admission denial or retaliation is allowed solely for choosing to authorize a monitor.

F. Monitoring and Use of Recordings ( §16-67-6 )

  • Tampering with or destroying a device/recording by anyone other than the resident or their authorized representative is prohibited.
  • Access to view/listen to recordings is limited to:
    • The resident
    • The resident’s guardian or attorney in fact
    • Law enforcement personnel
  • The resident or their authorized representative may designate additional viewers.

G. Department of Health Rulemaking ( §16-67-7 )

  • The Department of Health to promulgate rules to implement the article.
  • Violations of the article or related rules may be treated as violations of a facility’s license/permit.

H. Penalties ( §16-67-8 )

  • Licensing/compliance: Facilities must permit monitoring as provided; noncompliance constitutes a license/permit violation.
  • Criminal penalties:
    • Tampering with cameras/recordings by unauthorized persons: misdemeanor, up to $1,000 fine per offense.
    • Filing false complaints against the facility: misdemeanor, up to $1,000 for first offense, up to $5,000 for subsequent offenses.
    • Denial of admission, discharge, or retaliation against a resident due to use of a monitor: misdemeanor, up to $1,000 for first offense, up to $5,000 for subsequent offenses.

3) Who Is Affected

  • Residents of long-term care facilities and their guardians/attorneys in fact.
  • Other residents sharing rooms with monitored residents (via consent and potential accommodation requirements).
  • Families and legal representatives responsible for funding device costs.
  • Long-term care facilities (nursing homes, personal care homes, residential boards and care homes, and related facilities) — their operations, privacy practices, and licensing compliance.

4) Procedural and Timeline Aspects

  • Effective date: Not specified in the bill text provided; likely follows standard WV rulemaking and implementation timelines if enacted.
  • Implementation: Facilities may adopt forms and procedures for consent; Department of Health to issue rules to operationalize the act.
  • Oversight and enforcement: Violations tied to licensing and criminal penalties, with specified fines for violations and tampering or retaliation.

5) Practical Considerations

  • Privacy: The act imposes explicit privacy protections for other residents in shared rooms and requires consent, with potential room changes to accommodate consent.
  • Financial: The resident/guardian bears the cost of devices and installation (excluding electricity), potentially creating financial considerations for families.
  • Oversight: State Department of Health rulemaking is central to defining forms, processes, and enforcement mechanisms.

This bill introduces a framework to empower family members with in-room monitoring of their relatives in long-term care facilities while balancing privacy and facility accountability through consent, clear procedures, and specified penalties.

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

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