Like many other states, Pennsylvania and New Jersey have laws and regulations to protect people’s privacy, especially when it comes to places like nursing homes where residents may need extra care. If you or a loved one resides in a nursing home, you may have wondered: is video surveillance in nursing homes legal?
Law in Pennsylvania
Privacy is an important aspect of all our lives, including those living in nursing homes. Pennsylvania recognizes this, and there are rules in place to protect the privacy of residents at assisted living facilities.
What Qualifies as Surveillance?
Video surveillance involves using cameras to record or monitor activities in a particular area. In nursing homes, this could mean having cameras in common areas, hallways, or even inside residents’ rooms to ensure their safety and well-being.
There are currently 20 states that may allow cameras to monitor seniors’ caregivers, which does not include Pennsylvania. However, Pennsylvania lawmakers recently proposed a bill on Wednesday to permit the installation of video cameras in residents’ rooms “to provide another tool for families of residents to monitor the care their loved ones receive,” according to a memorandum.
The bill takes its name from Esther’s Law, a law passed in 2022 in Ohio and named after Esther Piskor, a state resident whose abuse was captured on a surveillance camera set up in her room by her son.
The two main reasons for using video surveillance in nursing homes include:
- To provide an extra layer of security and care for the residents, allowing staff to keep an eye on common areas, ensuring that everyone is safe and receiving the attention they need.
- Recorded video can be an important tool for reviewing incidents or accidents and improving a facility’s overall quality of care.
Video surveillance is generally allowed in common areas like hallways and dining rooms, where the expectation of privacy is lower. However, when it comes to more private spaces like residents’ rooms, the rules become stricter.
Recording inside individual rooms may not be allowed unless there’s a specific reason for it, such as ensuring the safety of the resident or investigating a particular incident. A legal guardian or family member should always be advised before such steps are implemented.
When it comes to video surveillance in nursing homes, getting the consent of the residents or their legal representatives is crucial. Residents have the right to know if they are being recorded, and they have the right to agree or disagree with it. This consent process is important in respecting the autonomy and dignity of the residents.
Nursing homes are generally required to inform residents about the use of video surveillance. This information should be provided in a way that residents can easily understand. It’s a way of making sure that everyone is on the same page and that residents are aware of what’s happening in their living environment.
While there are rules and regulations about video surveillance, there are also exceptions. In some cases, video surveillance might be necessary to protect the safety of residents or to investigate suspected abuse or neglect. In these situations, the law may allow for video recording even in private areas like individual rooms. However, even in these cases, there are usually strict guidelines that need to be followed. For example, there might be a requirement to obtain a court order or to involve law enforcement in the decision to use video surveillance in private spaces.
Here are some key points to keep in mind:
- Ask questions: Don’t hesitate to ask the facility employees about their video surveillance policies. Understand where cameras are placed and for what reasons.
- Consent matters: Know that you have the right to give or deny consent for video surveillance, especially in private areas like bedrooms. Make sure you are informed and comfortable with the decision.
- Privacy policies: Familiarize yourself with the nursing home’s privacy policies. Understand how they handle recorded footage, who has access to it, and how long it is retained.
- Communication: Open communication between residents, their families, and facility staff is crucial. If there are concerns or questions about video surveillance, discuss them with the appropriate people to find a resolution.
- Advocacy: If needed, don’t hesitate to advocate for your rights or the rights of your loved one. If there are issues with video surveillance that cannot be resolved at the facility level or you suspect your elderly loved one is being abused by caregivers, consider reaching out to relevant authorities or legal assistance.
Law in New Jersey
Video surveillance is legal in New Jersey under New Jersey’s Safe Care Cam program, which has been expanded to include inclusion into nursing homes and other institutions. The program lends hidden surveillance cameras to individuals for free who suspect their family members are being mistreated or abused so they can gather evidence against caregivers to prove their suspicions. The Safe Care Cam program was previously made available only for private home care use, but New Jersey announced that families can now get cameras to place in nursing homes, assisted living facilities, and all areas of nursing home care.
If a family suspects their loved one is being abused, they can borrow a hidden camera for 30 days. For more information, the Safe Care Cam program is available throughout the state: njconsumeraffairs.gov/SCC.
However, like in Pennsylvania, factors such as residents’ rights, informed consent, and public vs. private areas must be addressed. Also, any camera installation must comply with state and federal laws, including the Health Insurance Portability and Accountability Act (HIPAA) and New Jersey’s surveillance laws.
The decision to install cameras in a loved one’s nursing home room when abuse is suspected is a weighty matter. It is essential to navigate this sensitive issue with a clear understanding of the legal and ethical considerations involved. While cameras can provide valuable evidence and peace of mind, exploring other preventive measures and seeking professional legal advice can help ensure your loved one’s safety and dignity in their nursing home environment. Together, we can work towards safeguarding our seniors and ensuring they receive the care and respect they deserve.