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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
group homes; electronic monitoring
Purpose
Requires service providers of group homes, nursing-supported group homes and intermediate care facilities for persons with developmental disabilities to install, oversee and monitor electronic monitoring devices in common areas of the facility, unless a member or member's family objects.
Background
Statute permits service providers of group homes, nursing-supported group homes or intermediate care facilities for persons with developmental disabilities to install, oversee and monitor electronic monitoring devices in common areas, including hallways of the facility. The service provider may contract with a third party to install and oversee the monitoring devices. The Director of the Department of Health Services (DHS) must adopt rules for use of electronic monitoring devices in group homes and intermediate care facilities that include: 1) consent requirements; 2) public disclosure that a monitoring device is in use at a property; 3) the maintenance, storage and retention schedule of the electronic record; 4) who has access to the record and under what circumstances; 5) how confidentiality and privacy are maintained; 6) how often the device is monitored or reviewed by the service provider; 7) an assurance that all staff with access to the electronic record are properly trained in facility policies and the protection of client rights; and 8) an assurance that adherence to the facility policies is monitored and the risks or breaches of the facility policy are promptly addressed.
Electronic monitoring device means a video surveillance camera or audio device that is installed in a common area, including a hallway, of a group home or intermediate care facility. Electronic monitoring device does not include an electronic, mechanical or other device that is specifically used for the nonconsensual interception of wire or electronic communications (A.R.S. § 36-568).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, rather than allows, service providers of group homes, nursing-supported group homes and intermediate care facilities for persons with developmental disabilities to install, oversee and monitor electronic monitoring devices in common areas of the facility, unless a member or member's family objects.
2. Directs the DHS Director to adopt rules for the use of electronic monitoring in nursing supported group homes.
3. Requires DHS electronic monitoring rules to include an assurance of access to the electronic record, including live recording and video feed, by the service provider, a member or member's family, unless the record contains evidence of a criminal offense.
4. Restricts DHS electronic monitoring rules from prohibiting cost sharing for electronic monitoring devices between service providers and members' families.
5. Makes conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2022
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