Regulations on Electronic Monitoring Take Effect August 29

The Virginia Department of Health (VDH) has published a fast-track regulation for electronic monitoring in resident rooms in nursing facilities.  The proposed regulation is required by legislation passed by the General Assembly in 2013 and closely tracks guidelines governing electronic monitoring in Virginia nursing facilities that have been in effect since 2007. 

The proposed regulation provides a framework for nursing facilities for implementing electronic monitoring or permitting electronic monitoring when requested by a resident or a resident’s family. The Virginia Health Care Association worked to ensure the regulations were no more stringent than the existing guidelines. 

The regulation is intended to assure residents’ rights to privacy and personal autonomy and to assure that current federal and state privacy laws regarding filming and electronic monitoring are not violated.  The regulation addresses nursing facility policies and procedures, informed consent, residents’ rights to implement or refuse electronic monitoring, including admission, discharge, or transfer requirements.  In addition, the regulation outlines request and notice procedures, retention of tapes or recordings, and the reporting of suspected abuse, neglect, accident, or injury discovered through electronic monitoring.

Click here to see the text of the regulations, which take effect on August 29, 2015.  VDH will accept written comments until July 31.