Current through Supplement No. 394, October, 2024
1. The forms and information relating to
authorized electronic monitoring must be provided by the facility upon request
in a language, form, and manner residents, resident representatives, and
visitors can access and understand.
2. At the request of the resident or the
resident representative, the facility shall provide a copy of the facility's
standards and regulations regarding the installation, use, maintenance,
disabling, and removal of the authorized electronic monitoring device to the
resident or resident representative.
3. Before the use of authorized electronic
monitoring or the installation of an authorized electronic monitoring device,
the resident or resident representative shall submit the following
documentation to the facility:
a. A written
notice to the facility of the intent to place and use an authorized electronic
monitoring device, including an installation plan that complies with the
facility's standards and regulations.
b. A statement that the facility is not
civilly or criminally liable for a violation of any resident's right to privacy
arising from authorized electronic monitoring.
c. A written consent form for placement and
use of an authorized electronic monitoring device signed by the existing or
proposed roommate or roommate's resident representative. The form must:
(1) Allow the roommate or roommate's resident
representative to specify any conditions or restrictions the roommate or
roommate's resident representative may elect to place on the device's time of
operation, direction, and focus, including verifying the viewing area captured
by the camera, prohibiting audio, and turning off the authorized electronic
monitoring device during certain times when total privacy is wanted.
(2) State the roommate or roommate's resident
representative has the right to withdraw consent at any time in writing and
have the device disabled in compliance with the facility's standards and
regulations after receipt of the written withdrawal.
(3) State the facility may not be held
civilly or criminally liable for a violation of the roommate's right to privacy
arising out of authorized electronic monitoring conducted by the resident or
the resident representative.
d. An authorization signed by the existing or
proposed roommate or roommate's resident representative for the disclosure of
protected health information in compliance with title 45, Code of Federal
Regulation, parts 160 and 164.
4. The facility shall maintain a copy of the
applicable consent and authorization forms submitted pursuant to this
section.
General Authority: NDCC 50-10.1-03,
50-10.2-02.1, 50-10.2-03
Law Implemented: NDCC 50-10.2-02.1,
50-10.2-03
