HB 1309 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, providing for electronic monitoring of in-home supportive care; and making editorial changes.

PRINTER'S NO.   1503

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1309
                                                   Session of
                                                     2025

     INTRODUCED BY ORTITAY, ROWE AND NEILSON, APRIL 28, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2025


                                       AN ACT
 1   Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
 2      act to consolidate, editorially revise, and codify the public
 3      welfare laws of the Commonwealth," providing for electronic
 4      monitoring of in-home supportive care; and making editorial
 5      changes.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Article VI of the act of June 13, 1967 (P.L.31,
 9   No.21), known as the Human Services Code, is amended by adding a
10   subarticle heading immediately preceding section 601 to read:
11                                  SUBARTICLE A
12                                  LIFE PROGRAM
13      Section 2.    Article VI of the act is amended by adding a
14   subarticle to read:
15                                  SUBARTICLE B
16           ELECTRONIC MONITORING OF IN-HOME SUPPORTIVE CARE
17   Section 611.    Scope of subarticle.
18      This subarticle relates to monitoring of care recipients.
19   Section 612.    Definitions.
20      The following words and phrases when used in this subarticle
 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Care recipient."     An individual enrolled in the LIFE program
 4   who receives in-home supportive care in the individual's home in
 5   this Commonwealth.
 6      "Caregiver."     An individual providing in-home supportive care
 7   to a care recipient through the LIFE program.
 8      "Electronic monitoring device."      A video surveillance
 9   instrument installed in the home of a care recipient receiving
10   in-home supportive care in the care recipient's home in
11   accordance with this subarticle, which broadcasts, photographs
12   or records visual activity occurring in the care recipient's
13   home.
14      "Guardian."     A fiduciary who has the care and management of
15   the estate or person of an incapacitated person under 20 Pa.C.S.
16   Ch. 55 (relating to incapacitated persons).
17      "Home."     A residential dwelling that does not include any
18   facility that is owned, rented, leased, operated by or licensed
19   by the Department of Health or the department.
20      "In-home supportive care."     Services provided by the LIFE
21   program in a care recipient's home.
22      "LIFE program."     As defined in section 602(d).
23      "Unauthorized electronic monitoring device."      An electronic,
24   mechanical or other means of monitoring a wire or electronic
25   communication that does not meet the provisions of this
26   subarticle and is specifically used for the nonconsensual
27   interception of wire or electronic communications.
28   Section 613.    Notification of electronic monitoring device.
29      (a)   Notification.--Before a care recipient receives in-home
30   supportive care from a caregiver, the care recipient or the

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 1   guardian of the care recipient shall notify the caregiver in
 2   writing whether an electronic monitoring device is present.
 3      (b)   Presence.--If an electronic monitoring device is present
 4   in the care recipient's home, the care recipient or guardian of
 5   the care recipient shall notify the caregiver in writing of the
 6   following:
 7            (1)   The location of the electronic monitoring device.
 8            (2)   The specifics of the electronic monitoring device,
 9      including the type, function and use of the electronic
10      monitoring device.
11            (3)   Notification of the prohibition of audio recording
12      under 18 Pa.C.S. Ch. 57 (relating to wiretapping and
13      electronic surveillance).
14            (4)   While providing in-home supportive care, the
15      caregiver consents to being recorded visually.
16            (5)   Notice of release from liability for privacy
17      violation through the use of the electronic monitoring
18      device.
19            (6)   A release from civil liability on the part of a
20      caregiver for a violation of the care recipient's privacy
21      rights regarding the use of the electronic monitoring device
22      in the care recipient's home.
23      (c)   Form.--The caregiver may provide a form to the care
24   recipient or the guardian of the care recipient to obtain the
25   required information under subsection (b).
26   Section 614.    Restrictions.
27      (a)   Electronic monitoring device restrictions.--An
28   electronic monitoring device in a care recipient's home may not:
29            (1)   Record audio.
30            (2)   Be placed in a bathroom.

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 1            (3)   Be obstructed.
 2      (b)   Privacy and dignity.--The privacy and dignity of a care
 3   recipient should be considered when installing, moving and
 4   establishing placement of an electronic monitoring device.
 5   Section 615.    Electronic monitoring device requirements.
 6      The following apply to an electronic monitoring device in a
 7   care recipient's home:
 8            (1)   The electronic monitoring device shall be placed in
 9      a conspicuous location.
10            (2)   If the electronic monitoring device records activity
11      visually, the recording shall denote the date and time.
12            (3)   Any cost incurred with the installation, maintenance
13      or removal of an electronic monitoring device shall be the
14      responsibility of the care recipient or guardian of the care
15      recipient.
16            (4)   The electronic monitoring device shall have the
17      capability to turn on and off.
18   Section 616.    Optional requirements.
19      A caregiver may require additional information from the care
20   recipient or the guardian of the care recipient about an
21   electronic monitoring device in the care recipient's home.
22   Section 617.    Discrimination prohibited.
23      A care recipient may not be denied care or be otherwise
24   discriminated against or retaliated against for usage of an
25   electronic monitoring device in the care recipient's home.
26   Section 618.    Notice.
27      A care recipient or guardian of a care recipient shall post
28   at or near the entrance of a room in the care recipient's home
29   with an electronic monitoring device a sign that clearly states
30   the room is being monitored by an electronic monitoring device.

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 1   Section 619.    Access to recordings or photographs.
 2      A video recording or photograph produced from an electronic
 3   monitoring device in a care recipient's home shall be considered
 4   the personal property of the care recipient and the caregiver
 5   may not access the recording or photograph without the written
 6   consent of the care recipient or the guardian of the care
 7   recipient. The following apply:
 8            (1)   A person or entity that distributes material
 9      obtained from an electronic monitoring device with the intent
10      to ridicule or demean the care recipient shall be subject to
11      the penalties prescribed in 18 Pa.C.S. § 2713.1 (relating to
12      abuse of care-dependent person).
13            (2)   A violation of this section shall constitute a
14      misdemeanor of the third degree.
15   Section 620.    Prohibition of obstruction or interception.
16      (a)   Prohibition.--A person or entity may not intentionally
17   hamper, obstruct, tamper with or destroy an electronic
18   monitoring device installed in a care recipient's home.
19      (b)   Criminal offense.--
20            (1)   A violation of this section shall constitute a
21      misdemeanor of the second degree.
22            (2)   A person or entity that intentionally or knowingly
23      hampers, obstructs, tampers with or destroys a recording or
24      an electronic monitoring device installed in a care
25      recipient's home shall be subject to the penalties prescribed
26      under 18 Pa.C.S. § 4910 (relating to tampering with or
27      fabricating physical evidence) as it relates to tampering of
28      physical evidence.
29      (c)   Interception, disclosure and use of intercepted
30   communications.--A person or entity may not intercept a

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 1   communication or disclose or use an intercepted communication of
 2   an electronic monitoring device placed or installed in a care
 3   recipient's home without the express written consent of the care
 4   recipient or the guardian of the care recipient.
 5   Section 621.       Admissibility of evidence.
 6         (a)   Unauthorized material inadmissible.--In a civil action
 7   against a care recipient or caregiver, material obtained through
 8   the use of an unauthorized electronic monitoring device shall be
 9   inadmissible as evidence.
10         (b)   Immunity.--Compliance with this section shall be a
11   complete defense against a civil or criminal action brought
12   against the care recipient or guardian of the care recipient for
13   the use or presence of an electronic monitoring device.
14   Section 622.       Regulations.
15         The department may, in consultation with the Department of
16   Health, representatives of in-home supportive care providers and
17   other aging advocates, promulgate regulations to implement this
18   subarticle.
19   Section 623.       Temporary regulations.
20         (a)   Authority.--In order to facilitate the prompt
21   implementation of this subarticle, the department may promulgate
22   temporary regulations that shall expire no later than three
23   years following the publication of the temporary regulations.
24   The department may promulgate temporary regulations not subject
25   to:
26               (1)   Section 612 of the act of April 9, 1929 (P.L.177,
27         No.175), known as The Administrative Code of 1929.
28               (2)   Sections 201, 202, 203, 204 and 205 of the act of
29         July 31, 1968 (P.L.769, No.240), referred to as the
30         Commonwealth Documents Law.

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 1            (3)   Sections 204(b) and 301(10) of the act of October
 2      15, 1980 (P.L.950, No.164), known as the Commonwealth
 3      Attorneys Act.
 4            (4)   The act of June 25, 1982 (P.L.633, No.181), known as
 5      the Regulatory Review Act.
 6      (b)   Expiration.--The authority of the department to adopt
 7   temporary regulations under subsection (a) shall expire two
 8   years after the effective date of this section. Regulations
 9   adopted after this period shall be promulgated as provided by
10   law before the expiration of the temporary regulations under
11   subsection (a).
12      Section 3.     This act shall take effect in 60 days.




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