All Roll Calls
Yes: 251 • No: 0
Sponsored By: Jennifer B. Boysko (Democratic)
Became Law
Assisted living facilities; electronic monitoring in resident rooms. Permits residents of assisted living facilities to have electronic monitoring devices placed in their rooms. The bill defines "electronic monitoring" as the use of a surveillance device with a fixed position video camera or audio recording device, or combination thereof, that is installed in a resident's room and broadcasts or records activities or sounds occurring within the confines of the room. The bill contains several provisions establishing the requirements for the placement and utilization of any such electronic monitoring device in any resident's room, including requirements relating to ensuring that residents or their legal representatives and residents' roommates or their legal representatives consent to the placement and utilization of electronic monitoring devices in their rooms. The bill directs the Virginia Department of Social Services to promulgate regulations consistent with the bill, and the provisions of the bill become effective when such regulations become effective.
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5 provisions identified: 0 benefits, 1 costs, 4 mixed.
You must sign written consent before any device is installed or used. In a shared room, every roommate must give written consent, and only video is allowed. You or your representative can set rules, like times to turn off audio or video, and can block the facility from taking the recordings. If medical data is shared, you must sign a HIPAA release. Family cannot install monitoring against your wishes, and facilities cannot deny, move, or discharge you just for asking for lawful monitoring.
If the facility offers monitoring, you may have to pay some charges. The one-time installation fee is capped at $150, the security deposit at $250, and the monthly fee at $10. Electricity is not charged, and the facility must give 45 days’ notice before raising the monthly fee.
Facilities must give a secure place to mount a device and provide nearby power access. Devices can run only if the facility already has secure, password-protected WiFi or another way to operate them without changing the building or internet plan.
The facility may take custody of recordings you provide, and those files are not part of your medical record. If the facility keeps recordings, it cannot let people view them without your consent, unless the law requires it or for quality checks. If the facility does not take custody, you or your legal representative must run the device, handle recordings, follow privacy laws, and use firewall protections. The facility is not liable for privacy or data breaches tied to the device’s presence. It does not have to seek recordings it does not own unless it knows of a reported abuse, neglect, or injury, or someone asks to use a recording.
Facilities must name a contact for monitoring questions and keep written monitoring policies. They must post a notice on the room door, tell assigned staff when a device is in use, and bar willful tampering by staff. Assigned staff cannot refuse to enter a room just because a device is present. Staff must immediately report any safety or care incident they learn from a recording to the administrator. Facilities may disable or remove equipment that is unsafe or used against policy, and must tell the responsible person. These rules take effect when state social services regulations for this law take effect.
Jennifer B. Boysko
Democratic • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 251 • No: 0
House vote • 3/3/2026
Passed House Block Vote
Yes: 97 • No: 0
House vote • 2/26/2026
Reported from Health and Human Services
Yes: 21 • No: 0
House vote • 2/26/2026
Subcommittee recommends reporting
Yes: 8 • No: 0
Senate vote • 2/16/2026
Read third time and passed Senate Block Vote
Yes: 39 • No: 0
Senate vote • 2/16/2026
Engrossed by Senate Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/16/2026
Constitutional reading dispensed Block Vote (on 3rd reading)
Yes: 39 • No: 0
Senate vote • 2/13/2026
Reported from Rehabilitation and Social Services
Yes: 13 • No: 0
Senate vote • 2/13/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 34 • No: 0
Acts of Assembly Chapter text (CHAP0496)
Approved by Governor-Chapter 496 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB409)
Bill text as passed Senate and House (SB409ER)
Enrolled
Signed by President
Signed by Speaker
Passed House Block Vote (97-Y 0-N 0-A)
Read third time
Read second time
Reported from Health and Human Services (21-Y 0-N)
Subcommittee recommends reporting (8-Y 0-N)
Assigned sub: Social Services
Referred to Committee on Health and Human Services
Read first time
Placed on Calendar
Read third time and passed Senate Block Vote (39-Y 0-N 0-A)
Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)
Engrossed by Senate Block Vote (Voice Vote)
Rules suspended
Read second time
Constitutional reading dispensed Block Vote (on 1st reading) (34-Y 0-N 0-A)
Passed by for the day
Chaptered
4/8/2026
Enrolled
3/9/2026
Introduced
1/13/2026
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