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Minutes for HB2232 - Committee on Children and Seniors
Short Title
Electric monitoring in adult care homes.
Minutes Content for Tue, Feb 14, 2017
The Chair opened the hearing on HB 2232 and requested staff provide an explanation of the proposed bill. Mr. Hamilton noted the delineations in subsection (a) allowing placement of authorized electronic monitoring, subsection (b) permitting a resident to conduct authorized electronic monitoring without staff interference, and subsection (k) giving opportunity for the secretary of the Kansas Department of Aging and Disability services to adopt rules and regulations as necessary (Attachment 2).
Representative Gallagher, a proponent of HB 2232, noted that the use of electronic monitoring in the private room of a resident who is in long-term care would help alert family members to any level of distress or need as well as record any abusive treatment of a caregiver. She explained that the bill delineates requirements of the adult care facility regarding dismissal or retaliation (Attachmen 3).
Liz VanDusen, a concerned citizen speaking as a proponent of HB 2232, related the story of care for her mother, who cannot speak for herself. The facility had cameras installed that record patient care, allowing current activity to be viewed by family members. Ms.VanDusen became aware of abuse and mistreatment of her mother, informed management and had her mother transferred. She continues to advocate for cameras to be installed in a loved one's private room (Attachment 4).
Mitzi McFatrick, Executive Director, Kansas Advocates for Better Care (KABC), explained that the agency is a non-profit organization whose mission is to improve the quality of long-term care for Kansans. She noted that HB 2232 provides a sustainable avenue for older adults to exercise their right to being safely cared for in a nursing facility. Ms. McFatrick alluded to the fact that should the bill be enacted, Kansas would join a number of other states where electronic monitoring has been implemented (Attachment 5). She referenced the neutral position of Dr. Micah W. Kubic, Executive Director, American Civil Liberties Union of Kansas, regarding civil liberties and rights to privacy (Attachment 6).
Michelle Niedens, L.S.C.S.W, Alzheimer's Association, Heart of American Chapter, indicated the association firmly supports the right of individuals to utilize electronic monitoring while residing in a long-term care facility. She noted that the value of electronic monitoring focuses on prevention of abuse and safety of residents (Attachment 7).
Janie Carney, a resident of Wichita, Kansas, told her story of care given to her husband as a resident of a memory care facility in Wichita. Originally her request for electronic monitoring was denied, making her apprehensive and questioning private protocol of the management; they were eventually evicted. Ms. Carney noted that surveillance cameras are everywhere and need to be allowed in care homes for the protection and safety of those who are voiceless because of dementia or Alzheimer's disease (Attachment 8).
Rachel Monger, Vice President, Government Affairs, LeadingAge Kansas, addressing the Committee as an opponent, noted in her testimony five proposed amendments essential to resolving the practical, legal and ethical concerns in the proposed bill (Attachment 9).
Barbara Hickert, Kansas State Long-Term Care Ombudsman, indicated her neutral testimony contains seven proposed amendments eliciting additional language to further protect residents' rights, whether they reside in a shared room, an apartment is an assisted living facility, or in their own homes (Attachment 10).
Linda MowBray, Kansas Health Care Association and Kansas Center for Assisted Living, stated that the number one goal of adult care homes in Kansas is to provide quality care in a home environment. She elicited questions regarding prescribed consent forms, sign-in requirements at the entrance of a home, and a log-in to record the times when the monitoring device gets turned on or off. She noted that respecting the will of elder persons in this arena is most important (Attachment 11).
Written testimony as a proponent of HB 2232 was submitted by Ernest Kutzley, Advocacy Director, AARP (Attachment 12).
The hearing on HB 2232 was closed.
