A facility shall cooperate to accommodate the installation of a monitoring device, provided the installation does not place undue burden on the facility.

1. A. Reasonable accommodation includes, but is not limited to, the following:

   (1) providing a reasonably secure place to mount a monitoring device;

   (2) providing access to power sources, if feasible;

   (3) rearranging a room, if feasible;

   (4) accommodating the limits a patient or roommate, or a surrogate of either, may place on the use of a monitoring device, if feasible;

   (5) referring a patient or surrogate to potential roommates or surrogates of roommates who have indicated on a current patient authorization form that they would consent to monitoring if a current roommate or surrogate of a roommate withholds consent; and

   (6) allowing patients, roommates and potential roommates to change rooms, when feasible, in those cases where consent is an issue.

2. B. Undue burden includes, but is not limited to, making structural changes to a room by anyone other than a licensed contractor, or a non-licensed person approved by the facility.

3. C. If a patient or surrogate chooses to install a monitoring device that uses Internet technology for visual monitoring, a facility shall allow the patient or surrogate to install any necessary Internet access line(s), if feasible. This may require access to the facility’s telecommunications or equipment room, and the facility shall provide such access. In addition:

   (1) a patient or surrogate is responsible for contracting with an Internet provider and for any expense for activation, installation and on-going service; and

   (2) the facility is not required to allow Internet access through facility or corporate networks that also maintain confidential patient, medical, financial or personnel records.

4. D. A facility has the burden of proving that a requested accommodation is not feasible or constitutes an undue burden.
5. E. A facility may impose a refundable damage deposit of up to $150 to cover the cost of repairing any damages to the facility caused by the installation or removal of a monitoring device. Within thirty days after the removal of a monitoring device, the facility shall deliver to the patient or surrogate a written statement itemizing any deductions from the deposit together with the balance of the deposit. The facility has the burden of proving that any deductions from the deposit are reasonable.

[9.2.23.10 NMAC - N, 7/15/04]