House Bill (HB) 1387, known as the “Authorized Electronic Monitoring in Long-Term Care Facilities Act” will become law on August 28, 2020. As a result, the Section for Long-Term Care Regulation has drafted emergency and proposed rules based on that legislation. The emergency and proposed rule sets forth requirements to implement HB 1387 regarding the use of electronic monitoring devices in long-term care facilities. This legislation gives residents of long-term care facilities the right to place electronic monitoring devices in their rooms. Sections 198.610 -198.632, RSMo, outline the parameters of electronic monitoring and requires the department to promulgate rules to implement authorized electronic monitoring and to develop an electronic monitoring device acknowledgment and consent form which must be completed and signed by residents and roommates prior to an electronic monitoring devices being installed and utilized.
The emergency rule was filed on August 20, 2020, with an effective date of September 3, 2020 and expiration of March 1, 2021. A proposed rule covering this same material will also be published in the same issue of the MO Register. The Register publication date is October 1, 2020.
NOTE: The public comment period will be from October 1-31, 2020. The Department will be accepting comments during the comment period by mailing the comments to Craig Schnieders, Interim Director of the Division of Regulation and Licensure, PO Box 570, Jefferson City, MO 65102-0570 or by emailing to Terri.Bass@health.mo.gov.
The proposed rules can be reviewed on our website at: https://health.mo.gov/about/proposedrules/.