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SB 412

Income Tax - Subtraction Modification - Maryland 529 Plan Contributions

2025 Regular Session Introduced by Jeff Waldstreicher

MI SB 412 lets nursing home residents or reps request in-room electronic monitoring (camera/audio) with written consent, subject to privacy safeguards and roommate consent.

Hearing 2/05 at 2:00 p.m.
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Bill Summary · SB 412

SB 412 — Electronic Monitoring in Nursing Home Rooms (Michigan Public Health Code amendment)

Status: Introduced (referred to Committee on Housing and Human Services). Introduced June 11, 2025. Sponsors/coauthors include Sen. Runestad, Rep. Limón and others. Companion/related bills: HB 267, HB 947, HB 1434.

Summary
SB 412 would amend the Michigan Public Health Code (1978 PA 368) by (1) adding definitions for electronic monitoring and electronic monitoring devices, (2) creating a new statutory framework (new sections 21788–21788i) that authorizes resident-requested electronic monitoring in nursing home rooms under specified conditions, and (3) updating related definitions in sections 21702 and 21703.

Main purpose and intent
- To give nursing home residents (or their authorized representatives, under limited circumstances) the ability to place and use electronic monitoring devices (e.g., cameras that capture audio/video, web cams, video phones) in their rooms to monitor care and activity, subject to statutory conditions intended to protect privacy and clarify consent processes.

Key provisions (from available text)
- New definitions:
- “Electronic monitoring” — placement/use of an electronic monitoring device in a resident’s room pursuant to the new part.
- “Electronic monitoring device” — a camera or other device that captures, records, or broadcasts audio, video, or both; may be interactive or recording.
- “Notification and consent form” — the form to be prescribed by the department for monitoring requests/consent.

  • Right to request monitoring:

    • A nursing home that receives a written request on the required notification/consent form must permit the resident (or the resident’s representative in limited circumstances) to monitor the resident’s room through an electronic monitoring device.

  • Limitations and safeguards:

    • The bill expressly prohibits use of electronic monitoring to take still photographs or to engage in nonconsensual interception of private communications.
    • The bill does not change other legal rights a resident may have to record audio/video under existing law.

  • Consent rules:

    • Resident consent must be written on the department’s notification and consent form.
    • A resident’s representative may consent on the resident’s behalf only if: (a) a licensed health professional determines the resident lacks capacity to understand/ appreciate monitoring; (b) the representative explains the monitoring type, standard restrictions, who may view recordings, and the resident’s ability to decline; (c) the resident is asked whether they want monitoring and that response is documented; and (d) the resident does not affirmatively object (oral/visual/auxiliary aids count as objection).
    • If a resident shares a room, the bill requires obtaining the roommate’s consent before conducting monitoring in the shared room (text truncated in the excerpt but this requirement is indicated).

Who would be affected
- Nursing home residents and their designated representatives (families, guardians, attorneys-in-fact).
- Roommates of residents in shared rooms.
- Nursing home operators and staff — facilities would need to accept and reasonably accommodate resident-requested devices, implement consent/notification procedures, and address privacy/confidentiality concerns.
- Visitors and contractors who enter monitored rooms may be affected by audio/video capture policies.

Procedural/timelines and next steps
- At introduction the bill was referred to the Senate Committee on Housing and Human Services. Further committee hearings and amendments are possible. Interested parties should monitor committee activity for amendments that may add operational, enforcement, or penalty provisions.

Practical considerations and likely impacts
- Privacy and confidentiality: The bill attempts to balance resident oversight and privacy by requiring written consent and prohibiting nonconsensual interception; but practical privacy issues remain (staff privacy, roommate consent, storage/access to recordings).
- Facility operations: Nursing homes may need policies, staff training, guidance on device placement, data security, and procedures for handling recordings and consent documentation.
- Legal interplay: The bill references but does not replace other recording/consent laws — operators and users should reconcile this statute with existing state and federal privacy, wiretapping, and health information laws.

Note: This summary is based on the excerpted bill text provided (definitions and the initial new sections). The full bill adds sections 21788 through 21788i; readers should consult the complete bill language for all requirements, exceptions, enforcement mechanisms, and technical details.

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

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