Illinois has recently joined the small list of states to pass a law that allows nursing home residents and their families to place video or audio monitoring devices in resident rooms.   Illinois joins Texas, Oklahoma, New Mexico, and Maryland who have previously enacted granny cam statutes.  The new law allows residents of nursing homes and rehabilitation facilities or their family members to purchase and install video or audio monitoring devices in their rooms.

The critical provisions of the new law are as follows:

  • Allow for audio and video electronic monitoring devices in resident rooms;
  • Require resident and roommate consent;
  • Make nursing home residents or their representatives responsible for the purchase, installation and maintenance expenses of the devices;
  • Prohibit facility retaliation against residents for the use of the devices;
  • Provide for recordings to be admissible into evidence in administrative, civil and criminal proceedings; and
  • Provide misdemeanor and felony penalties for any person or entity that intentionally hampers, obstructs, tampers with, or destroys a recording or an electronic monitoring device.

Should Pennsylvania & New Jersey enact similar legislation?

 

 

About Jerry

Jerold E. Rothkoff, a practicing New Jersey and Pennsylvania attorney, is the Principal of the Rothkoff Law Group, an elder care law firm. Jerry dedicates his practice to serving clients in the areas of life care planning, long-term care planning, Medicaid & VA benefits, and advocacy for the elderly and disabled. He is past President of the NJ Chapter of the National Academy of Elder Law Attorneys, former chair of the elder law section of the NJ State Bar Association, and past President of the Life Care Planning Law Firm Association. Jerry continues to be an outspoken advocate for the rights of the elderly and disabled. He writes for and gives presentations regularly to attorneys and other professionals about legal issues related to seniors and those with disabilities. Jerry’s community activities include the Twilight Wish Foundation, the Delaware Valley Stroke Council, the Alzheimer’s Association, as well as numerous other advocacy groups. When not in the office, Jerry spends time with his wife, Erica, and their five children, eighteen-year old identical twin girls, Liza and Julia, fifteen-year old fraternal twin boys, Evan and Gregory, and six-year old Aitan.

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