Posted: Tuesday, December 29, 2009

The issue of nursing home abuse and neglect has become a huge concern, and supporters of "Granny Cams", or surveillance cameras, have a few legal concerns.  In the past, we have all seen media coverage on "nanny cams", or cameras that capture what happens when your children are left with a nanny. 

As the elderly become a larger percent of the population, a growing number of people will head to nursing homes or have home health care.  Those placed in a nursing home are just as vulnerable to their caregivers as children because they often cannot fully communicate with those who care for them.  Having a camera in the room so that you can observe what is happening would certainly put your mind at rest.

Those who support the "Granny Cams" are certain that much of the neglect and abuse that goes on in nursing homes would stop, because employees would know they were being recorded.  Nursing home owners feel that having surveillance in place would be an invasion of privacy of staff and residents, which of course comes as no surprise.

Many wonder if a "Granny Cam" will lead to civil lawsuits, criminal investigation or other charges, and if using the surveillance is the same as a "nanny cam" under the law.  This is a vague area across the United States, because the law in this area differs from state to state.  Legal issues have not  yet been dealt with by the courts.  If you consider surveillance for a loved one in a nursing home, it is a good idea to consult an attorney first to decide how best to approach the subject.

Video cameras that are not hidden in any way are usually not against the law if they are located in a public place.  Federal and state eavesdropping and wiretapping laws must be complied with if the camera records audio as well as video.  Depending on the jurisdiction, consent of one or all parties must be given for any recorded conversation.

It gets more difficult when it comes to hidden cameras.  Capturing photos or videos in areas such as dressing rooms, bathrooms and other places where people expect privacy without consent is a crime according to federal law, and a nursing home bedroom would most likely be placed in this category.  The majority of the states now have laws much like the federal laws that are in place.

When it comes to nursing homes, the issues are a little different.  There are more concerns, mostly related to the privacy of a roommate who may share quarters with your family member, and the ability of the patient to give consent to the surveillance.

A nursing home resident may be capable of giving legal consent for recording if they have not been proven incompetent by a court.  In addition, a legally appointed guardian or someone else given authority by power of attorney may be able to give consent if the patient is less than competent.  There are some states in which recording may not be possible if someone other than a competent resident gives consent.

A large amount of nursing homes have double rooms, which means that two residents share the space.  Privacy is a real issue in this case, and written consent should be obtained from the roommate or legal representative before any surveillance is done.  A video camera could easily capture the roommate undressing, bathing or being given medical treatments, as well as the resident that you intended to survey.

Hidden cameras have been used by the New York state attorney general to record and prosecute elder abuse, with the consent of the patient's family.  Texas and New Mexico have specific laws, which include notification of the nursing home that a camera will be used and permission of any roommate or representative of the roommate before a "granny cam" can be used.

Nursing home licensing regulations have been adopted by some states such as Virginia that cover video surveillance.  Still, most states have yet to pass specific legislation regarding surveillance in nursing homes.  The surveillance camera must be installed by the resident or their family, and they are responsible for any maintenance costs that are necessary.

In the end, your purpose for installing a "granny cam" is not to catch a nursing home employee inflicting abuse but to prevent these actions on your loved one.  Your best move may be to have an honest conversation with the facility administration about your wishes for surveillance.  If your loved one has a roommate, be sure to speak to them or their family so that you can obtain their permission as well.