We respectfully request the General Assembly to oppose SB409 as written or to direct the Virginia Department of Social Services to convene a stakeholder workgroup to develop balanced, practical regulations. Assisted living providers support resident rights, transparency, and appropriate use of electronic monitoring when balanced with privacy protections, staff rights, and operational realities and SB409 does not do that.
Virginia has already studied this issue. In 2021, VDSS issued a report on audio-visual recordings in assisted living facilities that recommended allowing facilities to develop electronic monitoring policies with clear definitions and safeguards. That report recognized that monitoring technology would continue to evolve and recommended flexible standards broad enough to address future technology. SB409 moves away from that evidence-based approach by imposing rigid statutory requirements that create operational and legal conflicts.
SB409 creates unfunded operational mandates by requiring facility infrastructure support, limiting cost recovery, and placing financial burdens on providers that do not reflect actual administrative, electrical, and compliance costs.
SB409 also raises serious workforce concerns. Continuous monitoring without clear safeguards may violate employee privacy protections, increase litigation risk, and worsen existing staffing shortages.
In addition, SB409 raises significant cybersecurity concerns. Requiring facilities to allow monitoring devices often means requiring shared use of an assisted living community’s Wi-Fi network. This increases vulnerability to cyberattacks and could expose sensitive resident information, including electronic medical records, which may operate on the same network infrastructure. These risks must be carefully evaluated before mandating network access.
Rather than adopting rigid statutory requirements, we respectfully request that the General Assembly either oppose SB409 as written or direct the Department of Social Services to convene a stakeholder workgroup including residents, families, providers, workforce representatives, legal experts, and technology specialists. This collaborative process would build on Virginia’s existing research and develop balanced, practical standards that protect residents, staff, and privacy while addressing evolving technology.
Thank you for your time and your commitment to protecting Virginia’s assisted living residents.
We respectfully request the General Assembly to oppose SB409 as written or to direct the Virginia Department of Social Services to convene a stakeholder workgroup to develop balanced, practical regulations. Assisted living providers support resident rights, transparency, and appropriate use of electronic monitoring when balanced with privacy protections, staff rights, and operational realities and SB409 does not do that. Virginia has already studied this issue. In 2021, VDSS issued a report on audio-visual recordings in assisted living facilities that recommended allowing facilities to develop electronic monitoring policies with clear definitions and safeguards. That report recognized that monitoring technology would continue to evolve and recommended flexible standards broad enough to address future technology. SB409 moves away from that evidence-based approach by imposing rigid statutory requirements that create operational and legal conflicts. SB409 creates unfunded operational mandates by requiring facility infrastructure support, limiting cost recovery, and placing financial burdens on providers that do not reflect actual administrative, electrical, and compliance costs. SB409 also raises serious workforce concerns. Continuous monitoring without clear safeguards may violate employee privacy protections, increase litigation risk, and worsen existing staffing shortages. In addition, SB409 raises significant cybersecurity concerns. Requiring facilities to allow monitoring devices often means requiring shared use of an assisted living community’s Wi-Fi network. This increases vulnerability to cyberattacks and could expose sensitive resident information, including electronic medical records, which may operate on the same network infrastructure. These risks must be carefully evaluated before mandating network access. Rather than adopting rigid statutory requirements, we respectfully request that the General Assembly either oppose SB409 as written or direct the Department of Social Services to convene a stakeholder workgroup including residents, families, providers, workforce representatives, legal experts, and technology specialists. This collaborative process would build on Virginia’s existing research and develop balanced, practical standards that protect residents, staff, and privacy while addressing evolving technology. Thank you for your time and your commitment to protecting Virginia’s assisted living residents.