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?