Bill Summary for H 591 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT ENACTING THE G.U.A.R.D. (GUARANTEEING UNINTERRUPTED ACCESS TO RESIDENT DIGNITY) ACT TO PERMIT RESIDENTS OF NURSING HOMES AND ADULT CARE HOMES, AND THEIR FAMILIES, TO MONITOR RESIDENTS THROUGH THE USE OF ELECTRONIC MONITORING DEVICES AT THE EXPENSE OF THE RESIDENTS; TO REQUIRE NURSING HOMES AND ADULT CARE HOMES TO PROVIDE A POWER SOURCE AND MOUNTING SPACE FOR ELECTRONIC MONITORING DEVICES; TO PROHIBIT NURSING HOMES AND ADULT CARE HOMES FROM REFUSING TO ADMIT RESIDENTS BECAUSE OF A REQUEST TO INSTALL AN ELECTRONIC MONITORING DEVICE; TO ALLOW RECORDINGS FROM RESIDENTS' ELECTRONIC MONITORING DEVICES TO BE ADMISSIBLE IN CRIMINAL AND CIVIL ACTIONS, SUBJECT TO THE RULES OF EVIDENCE; AND TO IMPOSE CRIMINAL PENALTIES ON NURSING HOMES AND ADULT CARE HOMES FOR VIOLATIONS OF THE G.U.A.R.D. ACT.Intro. by Willis, Loftis, Brody.
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Bill summary
Titles the act as “The G.U.A.R.D. Act” or “The Guaranteeing Uninterrupted Access to Resident Dignity Act.”
Enacts new GS 131E-112.10 (applicable to nursing homes or combination homes) and new GS 131D-7.10 (applicable to adult care homes), providing as follows. Requires the home to allow a resident (defined as a person residing in the home or that person’s responsible party or legal representative) to monitor their room with an electronic monitoring device. Residents who do must post a notice on their door stating that the room is being monitored. Requires that the monitoring: (1) be noncompulsory and at the resident’s election; (2) be paid for by the resident; and (3) to the greatest extent possible, the resident must protect the privacy of other residents and visitors. Requires the following of the home: (1) not refuse to admit an individual as a resident, nor discharge a resident, because they request to install an electronic monitoring device in their room; (2) make reasonable physical accommodations for a resident's electronic monitoring device by providing access to power sources, access to the internet if readily available, and a reasonably secure place to mount the device; (3) shall inform a resident or prospective resident of their right to install or arrange for the installation of an electronic monitoring device; (4) may require a resident who requests to install an electronic monitoring device to make the request in writing; (5) not include in any contract between a resident and home a provision that purports to waive or modify the resident's rights under this statute. Allows a recording created through the use of such an electronic monitoring device to be admissible in a civil or criminal action. Operating a home in violation of the statutes is a Class A1 misdemeanor, subject to a fine of up to $2,000 or imprisonment of up to one year, or both. Makes it a Class A1 misdemeanor to willfully and without consent hamper, obstruct, tamper with, or destroy a device, subject to a fine of up to $2,000 or imprisonment of up to 90 days, or both.
Makes conforming changes to GS 131E-117 and GS 131D-21 by adding installing, or having installed, at their own expense an electronic monitoring device in their room to ensure their health and safety, to the declaration of patient’s/resident’s rights.
Effective October 1, 2025.