Louisiana Revised Statutes 40:1193.5 – Consent; waiver
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Terms Used In Louisiana Revised Statutes 40:1193.5
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1193.2
- Legal representative: means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident. See Louisiana Revised Statutes 40:1193.2
- Monitoring device: means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network. See Louisiana Revised Statutes 40:1193.2
- Nursing home: means a nursing facility or nursing home as defined in Louisiana Revised Statutes 40:1193.2
- Ombudsman: means the administrator of the office of the state long-term care ombudsman established within the office of elderly affairs by the provisions of Louisiana Revised Statutes 40:1193.2
- Resident: means a person who is a resident of a nursing home. See Louisiana Revised Statutes 40:1193.2
A. Consent to the authorization for installation and use of a monitoring device may be given only by the resident or his legal representative.
B. Consent to the authorization for installation and use of a monitoring device shall include a release of liability for the nursing home for a violation of the resident’s right to privacy insofar as the use of the monitoring device is concerned.
C. A resident or his legal representative may reverse a choice to have or not have a monitoring device installed and used at any time after notice of such reversal has been made to the nursing home, and to the ombudsman, upon a form prescribed by the department.
Acts 2018, No. 596, §1.