Lexology September 22, 2021
Long Term Care & Senior Housing Update
Virtual assistants such as Amazon’s Alexa, Facebook’s Portal, Google’s Nest Hub, and countless others continue growing in popularity as families navigate safely remaining connected with their loved ones receiving long-term care during a continuing pandemic. In some instances, use of virtual assistants has been encouraged directly by facilities hoping to improve isolation, boost morale, and promote independence.
At their core, virtual assistants are passive listening and recording devices. This raises significant compliance concerns not just around the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Law and analogous state laws, but also laws governing the recording of in-person conversations and disability discrimination and accommodations. Further, Virginia recently adopted HB 2154 directing...