A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-25 SO AS TO REQUIRE THE INSTALLATION AND USE OF VIDEO CAMERAS IN EACH RESIDENT ROOM IN CERTAIN RESIDENTIAL CARE FACILITIES, TO PROVIDE LEGAL GUARDIANS OF SUCH PATIENTS MUST BE ALLOWED TO REMOTELY MONITOR CARE OF THE PATIENTS USING THESE CAMERAS, AND TO PROVIDE ANY RECORDINGS MADE USING THE CAMERAS MUST BE SECURED AND AVAILABLE ONLY TO THE RESIDENT, HIS FAMILY MEMBER, OR HIS LEGAL GUARDIAN, IN ORDER TO ENSURE COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Article 1, Chapter 7, Title 44 of the S.C. Code is amended by adding:

    Section 44-7-25. Each skilled nursing facility, nursing home, community residential care facility, or an assisted living facility shall provide an audio/video camera in each resident's room for the family or legal guardian of a resident in the facility to use for purposes of remotely monitoring the care of the resident. Any recordings made by the monitor must be secured and available only to the resident, his family member, or his legal guardian, in order to ensure compliance with the Health Insurance Portability and Accountability Act of 1996.

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----