HB 250 DEVELOPMENTAL DISABILITY FACILITY MONITORING

Rep John Block

Actions: [4] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 250 (HB 250) provides for the installation of electronic monitoring devices in facilities that house adults with developmental disabilities and provides for rulemaking. 

 House Bill 250 (HB 250) states that a resident or guardian of a resident of a facility housing adults with developmental disabilities may request that a community agency install electronic monitoring devices in a common area of a group home. The process for requesting a monitoring device, as well as the approval process, is detailed. Consent must be obtained from every resident (and guardian of such residents) of the group home, unless a resident who does not want the device decides to transfer to a different group home.

A community agency that obtains consent to install an electronic monitoring device must install at least one electronic monitoring device in a common area of the group home. All costs associated with the installation and maintenance of an electronic monitoring device are to be borne by the community agency. Prominent written notice must be posted on the door of the group home's front entrance to inform visitors that they will be subject to electronic video recording while inside the home. 

Further, a resident or guardian of a resident living in a group home that has an electronic monitoring device is to have the right to access and review any recording that is produced by the device. 

The confidentiality of the recordings must be maintained, with exceptions for disclosure to a state or local law enforcement agency, or to any other person or entity that is authorized by law to investigate or prosecute incidents of abuse, neglect, exploitation or improper care or treatment. 
Definitions are provided for “common area;” “community agency;” “department” (Department of Health); electronic monitoring device; group home; guardian;” and “resident.”

The Department of Health (DOH) must develop rules for the installation of electronic monitoring devices in group homes and must make request forms available to each community agency and ensure that they are posted on the DOH web site. 

 Currently, New Mexico has similar allowances for patient monitoring in long-term care facilities through the Patient Care Monitoring Act. However, this law does not explicitly state that such requirements apply to homes of adults with developmental disabilities. If the bill does not pass, current law will need to be relied upon.