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H 287

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 their guardians to install in-room electronic monitoring (camera/audio) in long-term care facilities with privacy protections and specified access rules.

Reported Printed and Referred to Health & Welfare
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Bill Summary · H 287

Summary: Idaho House Bill 287 — Electronic Monitoring Devices in Long-Term Care Facilities Act

Overview

HB 287 adds a new Chapter 69 to Title 39 of Idaho Code to authorize the use of electronic monitoring devices (cameras and/or audio recording) in residents’ rooms in long-term care facilities. The bill emphasizes resident safety and transparency while preserving dignity and privacy. It provides rules for who may authorize devices, how devices may be used, who may view recordings, and penalties for violations. The act contains an emergency clause and takes effect July 1, 2025.

Purpose and Scope

  • Purpose: Allow nursing facility and residential care/assisted living residents or their guardians/health care agents to authorize in-room electronic monitoring devices to deter abuse and improve care, with privacy protections.
  • Applies to: Long-term care facilities in Idaho (nursing facilities and residential/assisted living facilities).

Key Provisions

Authorization to Install and Use Devices

  • A resident, or the resident’s guardian or health care agent, may authorize installation and use of an electronic monitoring device in the resident’s room.
  • Conditions for installation:
    • Required facility forms are completed.
    • The resident (or guardian/agent) pays the costs of the device and installation/maintenance/removal (excluding electricity).
    • The resident’s room is not shared with another resident.
  • If authorized, the device must be installed in a location that allows staff to assist the resident while protecting privacy of sensitive/intimate areas.
  • The resident may withdraw authorization at any time.
  • If the room is shared, the resident may request a private room (and bears any related costs).

Facility Actions and Notices

  • Facilities may prescribe the authorization form, including:
    • Explanation of the chapter’s provisions.
    • Acknowledgment of consent.
    • Information about the device’s type, function, and use.
    • A release of facility liability for privacy violations related to the device.
  • Facilities may post a conspicuous notice at the entrance to a resident’s room if an electronic monitor is in use.
  • Facilities may not discriminate against or retaliate against residents for choosing to authorize monitoring.

Access to Video/Audio and Modifications

  • Generally, only the resident, their guardian/health care agent, or law enforcement may view/listen to device recordings.
  • The resident or guardian/agent may authorize other viewing/listening.
  • With written consent, family members may authorize broader viewing by the facility or community members.

Rulemaking and Enforcement

  • Idaho Department of Health and Welfare may promulgate rules to administer the chapter (subject to legislative approval).
  • Penalties:
    • Facilities: Civil penalties up to $100 for a first offense, up to $500 for subsequent offenses for violations of the authorization/form requirements (39-6904(3)).
    • Individuals: Misdemeanor for violations of privacy/unauthorized viewing or recording, with fines up to $1,000, imprisonment up to 6 months, or both (39-6905).

Definitions

  • Electronic monitoring device: Surveillance camera, audio recorder, or both in a resident’s room.
  • Health care agent: Person named in an advance care planning document to make medical decisions.
  • Intimate/sensitive body areas: Specific private regions protected to preserve dignity.
  • Long-term care facility: Nursing facilities and residential/assisted living facilities.
  • Resident: Individual residing in a long-term care facility.

Fiscal Impact

  • The fiscal note states no net revenue impact or state/local expenditure change; no fiscal impact anticipated.

Effective Date and Legislative Timeline

  • Emergency clause declared; act becomes effective July 1, 2025.
  • Legislative status: Introduced February 20, 2025; referred to Joint Rules Administrative (JRA) for printing; later reported printed and referred to Health & Welfare (February 21, 2025).

Potential Impacts and Considerations

  • Benefits: Enhanced safety and accountability in handling elder care; greater transparency for families; potential deterrent against neglect or abuse.
  • Privacy and dignity: Strong protections for intimate areas and privacy; explicit consent mechanisms and ability to withdraw; prohibition on retaliation for monitoring decisions.
  • Burden on residents: Costs for devices and installation borne by residents/guardians; potential room transfer costs if choosing private rooms.
  • Facility operations: Need to adopt forms, post notices, and implement privacy-compliant placement of devices; compliance with penalties for violations.

This summary captures the bill’s core purpose, provisions, affected parties, and timeline while outlining practical implications for residents, families, and facilities.

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

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