VirginiaSB4092026 Regular SessionSenateWALLET

Assisted living facilities; electronic monitoring in resident rooms.

Sponsored By: Jennifer B. Boysko (Democratic)

Became Law

Summary

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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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Your consent controls room cameras

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.

Capped fees for facility 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.

Setup needs: secure WiFi and mounts

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.

Who owns and can view recordings

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.

Facility and staff rules for monitoring

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.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

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

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0496)

    4/8/2026Governor
  2. Approved by Governor-Chapter 496 (effective 7/1/2026)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB409)

    3/9/2026Senate
  6. Bill text as passed Senate and House (SB409ER)

    3/9/2026Senate
  7. Enrolled

    3/9/2026Senate
  8. Signed by President

    3/9/2026Senate
  9. Signed by Speaker

    3/9/2026House
  10. Passed House Block Vote (97-Y 0-N 0-A)

    3/3/2026House
  11. Read third time

    3/3/2026House
  12. Read second time

    3/2/2026House
  13. Reported from Health and Human Services (21-Y 0-N)

    2/26/2026House
  14. Subcommittee recommends reporting (8-Y 0-N)

    2/26/2026House
  15. Assigned sub: Social Services

    2/23/2026House
  16. Referred to Committee on Health and Human Services

    2/19/2026House
  17. Read first time

    2/19/2026House
  18. Placed on Calendar

    2/19/2026House
  19. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    2/16/2026Senate
  20. Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)

    2/16/2026Senate
  21. Engrossed by Senate Block Vote (Voice Vote)

    2/16/2026Senate
  22. Rules suspended

    2/16/2026Senate
  23. Read second time

    2/16/2026Senate
  24. Constitutional reading dispensed Block Vote (on 1st reading) (34-Y 0-N 0-A)

    2/13/2026Senate
  25. Passed by for the day

    2/13/2026Senate

Bill Text

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