Section 449A.NEW - [Newly enacted section not yet numbered] [Request for installation and use of electronic communication device]1. A patient in a facility for skilled nursing or the representative of the patient may request the installation and use of an electronic communication device in the living quarters of the patient by submitting to the facility for skilled nursing: (a) A completed form prescribed by the facility pursuant to subsection 3; or(b) If the facility has not prescribed a form pursuant to subsection 3, a written request that meets the requirements of subsection 2.2. A request submitted pursuant to subsection 1 must include or be accompanied by: (a) Information regarding the type, function and expected use of the electronic communication device which will be installed and used;(b) The name and contact information for any person other than the patient or his or her representative who is authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device pursuant to subsection 3 of section 11 of this act;(c) An agreement by the patient or the representative of the patient to, except as otherwise provided by section 11 of this act: (1) Waive the patient's right to privacy in connection with use of the electronic communication device; and(2) Release the facility for skilled nursing and any employee of the facility from any administrative, civil or criminal liability for a violation of the patient's right to privacy in connection with use of the electronic communication device;(d) If the patient has a roommate: (1) The written consent of the roommate or the representative of the roommate to the installation and use of an electronic communication device in the living quarters of the patient; and(2) An agreement by the roommate or the representative of the roommate to, except as otherwise provided in section 11 of this act: (I) Waive the roommate's right to privacy in connection with use of the electronic communication device; and(II) Release the facility for skilled nursing and any employee of the facility from any administrative, civil or criminal liability for a violation of the roommate's right to privacy in connection with the use of the electronic communication device; and(e) If the request is submitted by the representative of the patient, proof that the representative of the patient meets the requirements of section 8 of this act.3. A facility for skilled nursing may prescribe a form for use by a patient or the representative of a patient to request to install and use an electronic communication device in the living quarters of the patient. To the extent practicable, such a form must be provided in a language chosen by the patient or the representative of the patient. Such a form must include, without limitation: (a) An explanation of the provisions of sections 3 to 14, inclusive, of this act; and(b) Places to record the information, agreements and consent described in paragraphs (a) to (d), inclusive, of subsection 2.4. A facility for skilled nursing shall approve a request by a patient or the representative of a patient pursuant to this section if the request meets the requirements of this section.5. If the roommate or the representative of the roommate of a patient who wishes to submit a request pursuant to subsection 1, or whose representative wishes to submit such a request, refuses to provide consent and enter into the agreement required by paragraph (d) of subsection 2, the facility for skilled nursing shall make reasonable attempts to accommodate the patient. Such reasonable attempts may include, without limitation, moving either the patient or his or her roommate to different living quarters with the consent of the person being moved or his or her representative.6. A patient or the representative of a patient who has submitted a request pursuant to subsection 1, a roommate who has provided consent pursuant to paragraph (d) of subsection 2 or the representative of such a roommate may withdraw the request or consent at any time, including, without limitation, after the request has been approved or after an electronic communication device has been installed, by submitting a written revocation to the facility for skilled nursing. Not later than 24 hours after the submission of such a written revocation, the facility for skilled nursing shall cause the removal of any electronic communication device that has been installed.Added by 2023, Ch. 221,§9, eff. 10/1/2023.