R6-6-1403. Permissibility

A. Prior to an Operator installing an Electronic Monitoring Device in a Group Home, Nursing-supported Group Home, or Intermediate Care Facility, the Operator shall obtain written consent from each Resident’s Responsible Person. The Operator shall not install an Electronic Monitoring Device if any Resident’s Responsible Person objects to the installation. 1. An Operator that installs an Electronic Monitoring Device shall provide for the oversight and monitoring of that device as required under this Article. 2. An Operator shall discontinue use of an already installed Electronic Monitoring Device if a Resident’s Responsible Person objects to the use of the Electronic Monitoring Device. B. An Operator shall only install, oversee, and monitor an Electronic Monitoring Device in a Common Area of a Group Home, Nursing-supported Group Home, or Intermediate Care Facility. C. An Operator shall require in each agreement with any third party engaged to install, oversee, and monitor an Electronic Monitoring Device that the third party complies with the requirements of A.R.S. § 36-568 and this Article. D. When a Resident’s Responsible Person requests that an Electronic Monitoring Device be installed in the facility in which a Resident resides, the Operator shall provide a written response to the Resident’s Responsible Person within 20 Business Days of receipt of the request as to whether the Operator agrees to install, oversee, and monitor the Electronic Monitoring Device. 1. If the Operator does not agree to install, oversee, and monitor an Electronic Monitoring Device, the Operator shall provide a written response to each Resident’s Responsible Person that includes the reason for denial and shall inform each Resident’s Responsible Person that an Electronic Monitoring Device may be installed, overseen, and monitored as described under A.R.S. § 36- 568(B) at a Residents’ Responsible Person’s own expense as described in subsection (F). 2. If the Operator agrees to install, oversee, and monitor an Electronic Monitoring Device, the Operator shall provide a written response to the Resident’s Responsible Person that includes a time frame for the installation, oversight, and monitoring of the Electronic Monitoring Device and the extent of the installation, oversight, and monitoring including the location of all Electronic Monitoring Devices to be installed, overseen, and monitored. E. The Operator may, with the consent of each Resident’s Responsible Person, engage in cost-sharing with each Resident’s Responsible Person for installation, oversight, and monitoring of an Electronic Monitoring Device if the Electronic Monitoring Device is being installed, overseen, and monitored at the request of each Resident’s Responsible Person. F. If each Resident’s Responsible Person in the Group Home, Nursing-supported Group Home, or Intermediate Care Facility agrees to install, oversee, and monitor an Electronic Monitoring Device as described under A.R.S. § 36-568(B) at their own expense because an Operator will not install, oversee, and monitor an Electronic Monitoring Device, each Resident’s Responsible Person shall: 1. Pay to install, oversee, and monitor an Electronic Monitoring Device; or 2. Contract with a third-party vendor to install, oversee, and monitor an Electronic Monitoring Device at each Responsible Person’s expense. G. An Operator shall not prevent a Resident’s Responsible Person from paying to install, oversee, and monitor; or contracting with a third-party vendor to install, oversee, and monitor an Electronic Monitoring Device. H. An Electronic Monitoring Device installed, overseen, and monitored by a Resident’s Responsible Person under subsection (F) shall: 1. Not be subject to subsections (A) through (E). 2. Not be accessed by the Operator or the Division without permission from each Resident’s Responsible Person. 3. Be deactivated and removed if any Resident’s Responsible Person does not consent to continued use of an Electronic Monitoring Device at any time.