R6-6-1404. Notification and Consent of Electronic Monitoring

A. An Electronic Monitoring Device shall be clearly visible and identifiable as an Electronic Monitoring Device. B. An Operator who installs, oversees, and monitors an Electronic Monitoring Device shall post a sign at the main entrance of a Group Home, Nursing-supported Group Home, or Intermediate Care Facility that shall: 1. Reference A.R.S. § 36-568 and this Article as written or as amended; 2. Clearly state that an Electronic Monitoring Device is in use on the premises of the Group Home, Nursing-supported Group Home, or Intermediate Care Facility; 3. Be displayed in an unobscured manner; and 4. Be printed with a size and font that is easily readable from a reasonable distance. C. An Operator who installs, oversees, and monitors an Electronic Monitoring Device shall seek each Resident’s Responsible Person’s consent prior to doing so. An Operator shall: 1. Provide a notice to each Resident, Resident’s Responsible Person, and Operator’s personnel in writing that the Group Home, Nursing-supported Group Home, or Intermediate Care Facility intends to install, oversee, and monitor an Electronic Monitoring Device in Common Areas. The notice shall: a. Identify the location of the Electronic Monitoring Device; and b. Specify the confidentiality and privacy requirements regarding the Electronic Monitoring Device and any associated Electronic Monitoring Records, including 45 CFR 164, A.R.S. § 36-568.01, and exceptions to the confidentiality requirements as described under A.R.S. § 36-568(D)(1) and R6-6-1405. 2. Request that each Resident’s Responsible Person provide consent to the installation, oversight, and monitoring of the Electronic Monitoring Device by signing the notice. a. If a Responsible Person consents to the Operator’s installation, oversight, and monitoring of an Electronic Monitoring Device in a Common Area of a Group Home, Nursing-supported Group Home, or Intermediate Care Facility, the Responsible Person shall sign the notification and return the signed notification to the Operator. b. If a Responsible Person does not consent to the Operator’s installation, oversight, and monitoring of an Electronic Monitoring Device in a Common Area of a Group Home, Nursing-supported Group Home, or Intermediate Care Facility and declines or fails to sign the notice from the Operator, the Operator shall: i. Not install, oversee, and monitor an Electronic Monitoring Device in the Group Home, Nursing-supported Group Home, or Intermediate Care Facility; or ii. Uninstall and discontinue oversight and monitoring of an Electronic Monitoring Device in the Group Home, Nursing-supported Group Home, or Intermediate Care Facility if an Electronic Monitoring Device is already in use. c. A Member’s refusal to consent to a new Electronic Monitoring Device or if a Member revokes consent for an existing Electronic Monitoring Device shall not be grounds for an Operator to request release from authorization for that Member, as described under Article 21. 3. The Operator shall maintain a copy of the signed notice from the Resident’s Responsible Person regarding the installation, oversight, and monitoring of an Electronic Monitoring Device as required under A.R.S. § 36-568(B) and provide a copy of the signed notice to each Resident’s Responsible Person upon the Operator’s receipt of each Resident’s Responsible Person’s signed notice. D. When an Operator decides to discontinue using an Electronic Monitoring Device that was installed, overseen, and monitored by the Operator, the Operator shall notify each Resident, Resident’s Responsible Person, and Operator’s personnel in writing in advance of the planned discontinuation and request that each Resident’s Responsible Person sign the notice and return the notice to the Operator. 1. The written notice to each Resident’s Responsible Person and Operator’s personnel shall: a. Identify the location of each Electronic Monitoring Device that will be discontinued; b. Provide the date the Operator plans to discontinue use of an Electronic Monitoring Device; and c. Include information that all Responsible Persons of Residents in the Group Home, Nursing-supported Group Home, or Intermediate Care Facility may agree to install an Electronic Monitoring Device as described in A.R.S. § 36-568(B) if the Responsible Persons pay for, install, or contract for the installation of an Electronic Monitoring Device. 2. The Operator shall maintain a copy of the signed notice from each Resident’s Responsible Person regarding the Operator’s decision to discontinue the use of an Electronic Monitoring Device installed, overseen, and monitored by the Operator and provide a copy of the signed notice to each Resident’s Responsible Person upon the Operator’s receipt of each Resident’s Responsible Person’s signed notice. 3. The Operator’s written notice to each Resident, Resident’s Responsible Person, and Operator’s personnel regarding the decision to discontinue the use of an Electronic Monitoring Device that was installed, overseen, or monitored by the Operator is not a method for the Resident’s Responsible Person to approve or disapprove discontinuing the use of Electronic Monitoring Devices in the Group Home, Nursing-supported Group Home, or Intermediate Care Facility. 4. Refusal or failure by any Resident’s Responsible Person to sign the notice regarding the Operator’s decision to discontinue use of an Electronic Monitoring Device that was installed, overseen, or monitored by the Operator does not preclude the Operator from discontinuing use of the Electronic Monitoring Device. 5. On the date identified in the notice regarding the Operator’s decision to discontinue the use of an Electronic Monitoring Device that was installed, overseen, and monitored by the Operator, the Operator shall: a. Remove signage described under R6-6-1404(B); b. Disable the Electronic Monitoring Device and: i. Remove the Electronic Monitoring Device; or ii. Ensure that any person is able to easily see that the Electronic Monitoring Device has been disabled; and c. Maintain all existing Electronic Monitoring recordings described under R6-6-1406. 6. A Resident’s Responsible Person who does not agree with the Operator’s discontinuation of using an Electronic Monitoring Device installed, overseen, and monitored by an Operator may seek to engage all Responsible Persons of Residents in the Group Home, Nursing-supported Group Home, or Intermediate Care Facility to install, oversee, and monitor an Electronic Monitoring Device at their expense as described in R6-4-1403(F).