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H 337

LONG-TERM CARE FACILITIES – Adds to existing law to establish the Electronic Monitoring Devices in Long-Term Care Facilities Act.

68th Legislature, 1st Regular Session (2025)

Allows residents or guardians to authorize electronic monitoring devices in a room to enhance safety and transparency while protecting privacy and dignity.

Retained on calendar
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Bill Summary · H 337

Summary: Idaho House Bill 337 — Electronic Monitoring Devices in Long-Term Care Facilities Act

Purpose and scope

House Bill 337 adds a new Chapter 69 to Title 39 (Long-Term Care Facilities) to permit the use of electronic monitoring devices in residents’ rooms. The primary aims are to increase safety and transparency, deter neglect or abuse, and empower residents and their families to authorize monitoring while balancing privacy and dignity. The act is effective July 1, 2025 and includes an emergency clause.

Key provisions

  • Establishes the Electronic Monitoring Devices in Long-Term Care Facilities Act and defines its short title.
  • Allows a resident, or the resident’s guardian or health care agent, to authorize an electronic monitoring device (camera, audio, or both) in the resident’s room.
  • Facility permission requires: completion of prescribed forms, payment of device-related costs by the resident or their representative (excluding electricity), and that the resident’s room is not shared.
  • Monitoring devices must be installed in a location that allows staff to assist the resident while protecting privacy of sensitive/intimate body areas; staff should cover such areas when the device is active.
  • Residents may withdraw authorization at any time.
  • If the resident shares a room, they may request a transfer to a private room, with the transferring resident bearing any additional costs.
  • Facilities may, but are not required to, use a standard form outlining the device, consent, and a waiver of liability for privacy violations.
  • Facility notices may be posted at the resident’s room entrance indicating an electronic monitoring device is in use.
  • Non-discrimination: residents are not to be denied admission or discharged or retaliated against for choosing to authorize monitoring.

Definitions (selected)

  • “Electronic monitoring device”: camera or audio device, or both, in the resident’s room.
  • “Health care agent”: person named to make medical decisions under Idaho law.
  • “Intimate” and “Sensitive” body areas: defined to protect privacy and dignity.
  • “Long-term care facility”: includes nursing facilities and residential care/assisted living facilities.

Access, viewing, and control

  • Only the resident, the guardian/health care agent, law enforcement, or others explicitly authorized by the resident may view or listen to device recordings.
  • Written consent can extend viewing/listening permissions to family members or others.

Penalties

  • Facilities violating required disclosures or processes face civil penalties: up to $100 for the first offense, up to $500 for subsequent offenses.
  • Unauthorized viewing/listening or privacy violations carry a misdemeanor penalty: up to $1,000 fine, up to six months in county jail, or both.

Costs and privacy safeguards

  • Costs for installation, maintenance, and removal (excluding electricity) are borne by the resident or their representative.
  • Privacy protections are embedded in device placement and the ability to control access to recordings; facilities may provide control mechanisms to the resident/guardian.

Implementation timeline and status

  • Emergency clause present; effective July 1, 2025.
  • Status: Retained on calendar during the 2025 session, with prior committee actions showing progression from introduction (February 26, 2025) through multiple readings and amendments.

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

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