Home surveillance, with the improvement of available and inexpensive technology, has grown by leaps and bounds over the last twenty years. Many families have turned to electronic surveillance in order to protect their loved ones, in their homes, from abuse or neglect relative to child care. Today, many families are now utilizing the same or similar technology, commonly referred to as “granny cams”, to protect and monitor their family members who reside in nursing homes or assisted-living facilities. Many times these cameras are used as a last resort when complaints of abuse or neglect have gone unanswered.
However, it should be noted, that there exists few legal standards that are specific to electronic surveillance of residents in these facilities. Some states, such as Oklahoma, Texas, and New Mexico, have passed laws providing for the use of “granny cams”, and many other states, Ohio included, are currently debating similar legislation. Florida and Massachusetts have recently utilized video-monitoring programs.
Oklahoma’s law, for example, permits cameras in residents’ rooms if consent forms are filed to notify the facility. The law gives the family exclusive rights to the recording and allows it to be used in court.
Additionally, under the Federal Residents Rights regulation, codified under 42 C.F.R. 483.10, a resident has a right to a dignified existence, self-determination, and communication with persons inside and outside the nursing home, and that the facility must protect and promote the rights of each resident, as is stated in the regulation. Thus, a resident holds the ability to consent or to refuse the use of a “granny cam” in his or her room.
Ohio’s Attorney General, Mike Dewine, shut down a Zanesville nursing home after authorities had installed electronic surveillance cameras in the rooms of patients due to numerous complaints of abuse, neglect, and mistreatment. It was the first time that the State of Ohio had utilized “granny cams” to investigate nursing home or assisted-living abuses.
A unique aspect of this particular investigation by the Office of the Ohio Attorney General was that authorities did not require a warrant to install the “granny cams” because they had obtained consent from every resident or guardian whose care was recorded.
Another question that arises is whether or not private citizens can install cameras in nursing homes or assisted-living facilities. The issue that arises is such surveillance may, in fact, despite the best intentions, violate privacy laws. Currently, the law in Ohio is rather unclear on the issue. By statute, in Ohio, patients are entitled to a bill of rights that nursing homes and assisted-living facilities must comply with which includes, but is not limited to, the right to privacy during medical treatment. Federal law, on the other hand, ensures the privacy of medical treatment and records. Therefore, electronic surveillance, without first obtaining consent, could very well violate both state and federal law.
Concerns to the legality of these cameras have yet to be established through court precedent, but it still raises concerns over privacy. Those individuals who reside in rooms with double-occupancy would need consent from the other roommate before such surveillance could take place.
If you suspect abuse or neglect in a nursing home or assisted-living facility, you should strongly consider contacting a lawyer and / or the Office of the Ohio Attorney General.
Keeping you informed are the trusted attorneys from Browning & Meyer Co., LPA. Please contact our law office with any questions.