Chapter 111 of the General Laws is hereby amended by inserting after section 72GG the following section:-

Section 72HH. (a) Notwithstanding section 99 of chapter 272 or any other general or special law to the contrary, a nursing home, rest home or other long-term care facility shall permit a resident or, with the resident’s consent, a resident’s family member or health care proxy to place a monitoring device, including a two-way camera, in the resident’s room to monitor the resident’s care and living arrangements; provided, that the resident resides in a private, single-occupancy room and the device does not monitor any other resident’s private residential space or any communal space. If the resident has not affirmatively objected to the monitoring device and the resident's physician determines that the resident lacks the ability to understand and appreciate the nature and consequences of remote monitoring, the resident’s health care proxy may consent on their behalf.

(b) A person placing a monitoring device in a resident’s room pursuant to subsection (a) shall notify the facility prior to placing the monitoring device and post conspicuous signage to notify any person entering the room that the room is being remotely monitored.

(c) The facility shall inform its employees and contractors of any monitoring device in use pursuant to subsection (a).

(d) All costs related to the installation and maintenance of the monitoring device shall be borne by the person who installed the device.

(e) A recording produced from the monitoring device shall not be disseminated except for the purposes of making a complaint to the facility or a regulatory authority, for admission into evidence in a civil, criminal or administrative proceeding, or as otherwise required by law.

(f) The department shall promulgate regulations, pursuant to chapter 30A, which shall include minimum privacy and notification standards. The department shall develop a form for notification to the facility.