§ 40:1193.4 — Monitoring device option; installation; consent of residents in shared rooms;

Louisiana § 40:1193.4

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1193.4. Monitoring device option; installation; consent of residents in shared rooms;
accommodation by nursing home
A.(1) At the time of a person's admission to a nursing home, the nursing home shall
notify the person of his right to have a monitoring device installed in his room, and shall
offer the person the option to have a monitoring device. The resident or his roommate may
exercise the right to install or remove a monitoring device at any time during which he
resides in the nursing home. The nursing home shall keep a record of the person's
authorization or choice not to have a monitoring device.
(2) The nursing home shall make the record provided for in Paragraph (1) of this
Subsection accessible to the ombudsman.
B.(1) If a resident who is residing in a shared room wishes to have a monitoring
device installed in the room and another resident living in or moving into the same shared
room refuses to consent to the use of the monitoring device, then the nursing home shall
make a reasonable attempt to accommodate the resident who wishes to have the monitoring
device installed. A nursing home shall be deemed to have met this accommodation
requirement when, upon notification that a roommate has not consented to the use of an
electronic monitoring device in his room, the facility offers to move either resident to another
shared room that is available at the time of the request.
(2) If a resident chooses to reside in a private room in order to accommodate the use
of an electronic monitoring device, the resident shall pay the private room rate. If a nursing
home is unable to accommodate a resident due to lack of space, the nursing home shall
reevaluate the request at least once every two weeks until the request is fulfilled.
C. After authorization, consent, and notice in accordance with this Part, a resident
or his legal representative may install, operate, and maintain, at the expense of the resident,
a monitoring device in the room of the resident.
D. The nursing home shall cooperate to accommodate the installation of the
monitoring device unless doing so would place undue burden on the nursing home.
E. The monitoring device shall be in a fixed, stationary position and shall monitor
only the resident who consents either personally or through his legal representative to be
monitored.

Legislative History

Acts 2018, No. 596, §1.