Senator Joe Morrissey (referred to in the transcript as Senator Craig) presented a substitute for a bill that would allow fixed electronic-monitoring cameras in private nursing-home rooms at the request of the resident or the resident's legal representative.

The substitute, negotiated with industry stakeholders, requires that monitoring devices be fixed to the resident, use a secure, password-protected wireless connection, and that the resident or legal representative pay any fees associated with installation and maintenance. The substitute includes provisions that the nursing facility shall not deny a resident the ability to use monitoring devices that meet requirements, but it provides for a regulatory framework and limitations intended to reduce privacy and HIPAA concerns (the sponsor cited prior concerns where cameras could capture hallway views).

Senator Chris Head raised a question about a substitute provision in which nursing facilities “may assume custodial ownership of any recordings.” Scott Johnson, who worked with stakeholders, explained the practical intent: the resident's legal representative would have primary access and responsibility to view the feed; if that representative could not continue that role and asked the facility to assume custody, the facility may agree or decline. Johnson said requiring facilities to maintain all recordings would be expensive because of vendor costs, so the decision to assume custody was left to the facility. The subcommittee adopted an amendment in concept clarifying that a resident or legal representative may condition consent and expressly deny the facility permission to assume custodial ownership.

Senator Ghazala Hashmi asked about whether recordings could be used in legal actions. Scott Johnson said lines 60–65 of the substitute make recordings the property of the patient or legal guardian, and that existing duties to report suspected abuse remain in place; families could share recordings with the Office of Long-Term Care (OLC) investigator or with the facility. Senator Parkarski and others asked about signage; the substitute requires the nursing facility to post notice at the entrance to a resident's room when electronic monitoring is in place.

Supporters from industry consulted during drafting said many nursing homes already permit monitoring in some form and that about 34 states report related rules. The sponsor said the substitute balanced stakeholder interests, and both co-patrons agreed to move the substitute as amended.

The subcommittee moved and seconded to recommend the substitute (as amended in concept) to the full committee. Roll call recorded Senators Jennifer Boisco, Todd Pillion, Senator Bagby (aye by proxy), Chris Head, Stella Pekarski and Ghazala Hashmi voting in favor; the motion was recorded as approved unanimously.

Key provisions in the substitute include resident or legal representative consent, a requirement for notice posted at a room entrance, secure connections for feeds, cost responsibility by the resident, and preservation of mandated reporting duties for suspected abuse. Ownership and custodial custody of recordings may be assumed by nursing facilities only with specific conditions; the substitute adopts language to allow the resident or legal representative to deny facility custodial ownership.