Electronic Monitoring

Electronic Monitoring* Requirements in Minnesota

Minnesota statue §144.6502 outlines the requirements for residents or a resident’s representative to conduct electronic monitoring of the resident’s room or private living unit through the use of electronic monitoring devices. Both Valentines and Loving Residence supports the use of such electronic monitoring devices when conducted consistent with the statutory requirements.

We would be happy to provide you with a copy of this 7-page law enacted in 2019, which goes into effective January 1, 2020. Please ask me, Sandy McDonald for a copy. The law may also be viewed and downloaded from https://www.revisor.mn.gov/statutes/cite/144.6502.

In general, the Minnesota electronic monitoring law requires:

  1. Written consent of the resident (or resident’s appointed representative) authorizing electronic monitoring prior to such monitoring
  2. Notification to the facility of the consent (alternative notification is available under certain circumstances) prior to such monitoring
  3. Use of an approved consent form, which is available from Sandy McDonald
  4. Additional consent and notification is required if the resident has a roommate living in the same shared living space.
  5. Costs pertaining to the purchase, installation, and maintenance of the electronic monitoring device (which must be UL listed) are the responsibility of the resident or resident’s representative.                        

Both Valentines and Loving Residence make available, free of charge, a non-secure public WI-FI for use with electronic monitoring devices that utilize WI-FI.

If you have any questions about the Minnesota electronic monitoring law, the required consent form, notification requirements, or other electronic monitoring questions, please contact Sandy McDonald.

An additional resource for electronic monitoring questions is the Minnesota Office of Ombudsman for Long-Term Care (651-431-2555 or 1-800-657-3591).

* Electronic Monitoring means the use of a device, such as a camera or other device that captures, records, or broadcasts audio, video, or both, that is placed in a resident’s room or private living unit and is used to monitor the resident or activities in the room or private living space.

https://www.health.state.mn.us/facilities/regulation/infobulletins/ib19_6.html