August 16, 2017, Introduced by Rep. Kosowski and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20199 (MCL 333.20199), and by adding section
21788.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
20199. (1) Except as otherwise provided in subsection (2)
or
section 20142, this article, a person who violates this article
or a rule promulgated or an order issued under this article is
guilty of a misdemeanor, punishable by fine of not more than
$1,000.00
for each day the violation continues or, in case of for a
violation of sections 20551 to 20554, a fine of not more than
$1,000.00 for each occurrence.
(2) A person who violates sections 20181 to 20184 is guilty of
a misdemeanor, punishable by imprisonment for not more than 6
months, or a fine of not more than $2,000.00, or both.
Sec. 21788. (1) A nursing home shall permit a resident or the
resident's representative to monitor the resident through the use
of an electronic monitoring device if all of the following
requirements are met:
(a) The monitoring is completely voluntary and is conducted at
the election of the resident or the resident's representative.
(b) All costs of the monitoring, including, but not limited
to, the cost of the electronic monitoring device and its
installation, are paid by the resident or the resident's
representative.
(c) The monitoring is conducted in a manner that protects the
privacy of other residents and visitors to the nursing home to the
extent reasonably possible. If a resident or the resident's
representative wishes to install an electronic monitoring device in
the resident's room, and if the resident shares the room with
another resident, the written consent of the other resident or his
or her representative must be obtained before the electronic
monitoring device is installed.
(d) There is a notice posted on the door of the resident's
room stating that the room is being monitored by an electronic
monitoring device.
(2) A nursing home shall make reasonable accommodation for
electronic monitoring by providing all of the following:
(a) A reasonably secure place to mount the electronic
monitoring device.
(b) Access to a power source for the electronic monitoring
device.
(c) Notice to all residents of the right to install an
electronic monitoring device.
(3) A nursing home shall not refuse to admit an individual as
a resident of or remove a resident from the nursing home because of
a request to install an electronic monitoring device.
(4) A nursing home may require a resident or the resident's
representative who wishes to install an electronic monitoring
device to make the request in writing.
(5) Subject to the Michigan rules of evidence, a tape or other
recording created by an electronic monitoring device under this
section is admissible in either a civil or a criminal action
brought in a court in this state.
(6) An owner or operator or employee of a nursing home who
violates this section is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$2,000.00, or both.
(7) An individual who willfully and without the consent of the
resident or the resident's representative hampers, obstructs,
tampers with, or destroys the resident's or representative's
electronic monitoring device or its film, tape, or other recording
medium is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $2,000.00, or
both.
(8) As used in this section, "electronic monitoring device"
means a video surveillance camera, an audio device, a video
telephone, an internet video surveillance device, or a similar
device designed to capture the audio recordings or visual images of
its surroundings.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.