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Did Not Advance

West Virginia Bill Authorizes Electronic Monitoring Devices in Long-Term Care Facilities

Original title: Authorizing Monitoring Devices in Long-term Care Facilities

Last action · February 16, 2026: To House Health and Human ResourcesSponsors: Shawn Fluharty and 7 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

House Bill 5610 allows residents, guardians, or attorneys-in-fact to install audio or video monitoring devices in long-term care facility rooms, subject to roommate consent and facility form requirements. The bill prohibits facilities from retaliating against residents who use monitors and establishes misdemeanor penalties for unauthorized tampering or retaliatory discharges.

Why it matters

Residents and their families gain the legal right to install private monitoring devices in long-term care rooms, while facilities face license violations and individuals face misdemeanor fines up to $5,000 for tampering with devices, filing false complaints, or retaliating against monitor users.

Background
  • House Bill 5610 was introduced during the 2026 Regular Session of the West Virginia Legislature and referred to the House Health and Human Resources Committee. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Long-term care facility residents

Residents gain the right to install monitoring devices in their rooms, subject to roommate consent and facility rules, and are protected from retaliatory discharge.

Directly affected

Long-term care facilities

Facilities must allow patient monitoring, provide accommodation attempts for objecting roommates, and risk license or permit violations for non-compliance.

Directly affected

Guardians and attorneys-in-fact

Representatives are authorized to request monitor installation, provide roommate consent, and view or listen to recorded media.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who pays for the installation and maintenance of the monitoring device?
The resident or the resident's guardian or attorney-in-fact is responsible for all costs associated with the device and its installation, maintenance, and removal, except for the cost of electricity.
What happens if a roommate refuses to consent to a monitor in a shared room?
If a roommate refuses consent, the long-term care facility must make a reasonable attempt to accommodate the resident wanting the monitor by moving either resident to another available room with consent.
Who is legally permitted to view or listen to the recordings from the device?
Only the resident, their guardian, their attorney-in-fact, law enforcement personnel, or a person explicitly authorized by the resident or their representative may view or listen to the recordings.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Feb 16, 2026HouseCommittee
    To House Health and Human Resources
  2. Feb 16, 2026HouseIntroduced
    Introduced in House
  3. Feb 16, 2026HouseCommittee
    To Health and Human Resources then Judiciary
  4. Feb 16, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Introduction of Mandated Electronic Monitoring in Care Facilities

The bill creates a formal statutory framework authorizing residents to install private monitoring equipment, backed by licensing penalties for facilities that interfere.

Connected Entities

Shawn Fluharty, Judiciary, Anitra Hamilton and 8 more
PersonShawn Fluharty“Lead sponsor of House Bill 5610”Map →
OrganizationJudiciary“Committee to which the bill was referred”Map →
PersonAnitra Hamilton“Co-sponsor of House Bill 5610”Map →
PersonRick Garcia“Co-sponsor of House Bill 5610”Map →
PersonKayla Young“Co-sponsor of House Bill 5610”Map →
PersonHollis Lewis“Co-sponsor of House Bill 5610”Map →
PersonJohn Williams“Co-sponsor of House Bill 5610”Map →
OrganizationDepartment of Health“Granted rulemaking authority under the bill”Map →
OrganizationHouse Health and Human Resources“Committee to which the bill was referred”Map →
PersonSean Hornbuckle“Co-sponsor of House Bill 5610”Map →
PersonEvan Hansen“Co-sponsor of House Bill 5610”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz35
    Current news / social attention level

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