Short title
Short title. This Act may be cited as the Authorized Electronic Monitoring in Long-Term Care Facilities Act. (Source: P.A. 99-430, eff. 1-1-16.)
Illinois · statute · 210 ILCS 32 · 17 active provisions
Short title. This Act may be cited as the Authorized Electronic Monitoring in Long-Term Care Facilities Act. (Source: P.A. 99-430, eff. 1-1-16.)
(Text of Section before amendment by P.A. 104-494) Sec. 5. Definitions. As used in this Act: "Authorized electronic monitoring" means the placement and use of an electronic monitoring device by a resident in his or her room in accordance with this Act. "Department" means the Department of Public Health. "Electronic mon…
Authorized electronic monitoring. (a) A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to this Act. (b) Nothing in this Act shall be construed to allow the use of an electronic monitoring device…
(Text of Section before amendment by P.A. 104-494) Sec. 15. Consent. (a) Except as otherwise provided in this subsection, a resident, a resident's plenary guardian of the person, or the parent of a resident under the age of 18 must consent in writing on a notification and consent form prescribed by the Department to th…
(Text of Section before amendment by P.A. 104-494) Sec. 20. Notice to the facility. (a) Authorized electronic monitoring may begin only after a notification and consent form prescribed by the Department has been completed and submitted to the facility. (b) A resident shall notify the facility in writing of his or her i…
(Text of Section before amendment by P.A. 104-494) Sec. 25. Cost and installation. (a) A resident choosing to conduct authorized electronic monitoring must do so at his or her own expense, including paying purchase, installation, maintenance, and removal costs. (b) If a resident chooses to install an electronic monitor…
Assistance program. (a) Subject to appropriation, the Department shall establish a program to assist residents receiving medical assistance under Article V of the Illinois Public Aid Code in accessing authorized electronic monitoring. (b) Subject to appropriation, the Department shall distribute up to $50,000 in funds…
(Text of Section before amendment by P.A. 104-494) Sec. 30. Notice to visitors. (a) If a resident of a facility conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at all building entrances accessible to visitors. The notice must be entitled "Electronic Monitoring" and must state…
(Text of Section before amendment by P.A. 104-494) Sec. 40. Obstruction of electronic monitoring devices. (a) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the permission of the resident or the…
(Text of Section before amendment by P.A. 104-494) Sec. 45. Dissemination of recordings. (a) A facility may not access any video or audio recording created through authorized electronic monitoring without the written consent of the resident or the person who consented on behalf of the resident in accordance with Sectio…
Admissibility of evidence. Subject to applicable rules of evidence and procedure, any video or audio recording created through authorized electronic monitoring in accordance with this Act may be admitted into evidence in a civil, criminal, or administrative proceeding if the contents of the recording have not been edit…
(Text of Section before amendment by P.A. 104-494) Sec. 55. Report. Each facility shall report to the Department, in a manner prescribed by the Department, the number of authorized electronic monitoring notification and consent forms received annually. The Department shall report the total number of authorized electron…
(Text of Section before amendment by P.A. 104-494) Sec. 60. Liability. (a) A facility is not civilly or criminally liable for the inadvertent or intentional disclosure of a recording by a resident or a person who consents on behalf of the resident for any purpose not authorized by this Act. (b) A facility is not civill…
Rules. The Department shall adopt rules necessary to administer and enforce any Section of this Act. Rulemaking shall not delay the full implementation of this Act. (Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.)
(Amendatory provisions; text omitted). (Source: P.A. 99-430, eff. 1-1-16; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 99-430, eff. 1-1-16; text omitted.)
Effective date. This Act takes effect January 1, 2016. (Source: P.A. 99-430, eff. 1-1-16.)