Bill would allow video monitoring in nursing homes

Sen. Ileana Garcia
A South Florida lawmaker has filed a bill that would require nursing homes to permit residents to install video monitoring devices, under certain circumstances.
Miami Sen. Ileana Garcia, who chairs the Appropriations Committee on Criminal and Civil Justice, filed SB 64 September 22. Garcia also serves as vice chair of the Children, Families, & Elder Affairs Committee.
The measure would “authorize the installation and use of an electronic monitoring device in the resident’s room in a nursing home facility if all of the following conditions are met…”
The bill goes on to list a handful of conditions, including that the resident obtain the written consent of a roommate, or the roommate’s representative, and obey any restrictions the roommate requests.
Nursing homes or assisted living facilities that “discriminate” or “retaliate” against a resident for installing a monitoring device would face a $500 fine, per incident.
“A nursing home facility may not deny a person admission to, or discharge a resident from, the facility or otherwise discriminate or retaliate against a resident based on his or her decision to install and use an electronic monitoring device in the resident’s room at the facility,” the bill states.
The measure defines a resident’s representative as “a person granted durable power of attorney under chapter 744, or a person designated as a health care surrogate under chapter 765, who is authorized to make health care decisions on behalf of a person.”
Other provisions would authorize nursing homes to develop consent forms and require them to post signs warning that a monitoring device is in use. The measure has yet to be referred to committees and there is no House companion.
The Legislature returns to Tallahassee March 4 for the 2025 session.