With growing concerns around the safety and well-being of nursing home residents, many families are exploring the option of installing cameras in their loved ones' rooms. However, state regulations on family-requested cameras — or "granny cams" — vary widely, posing unique challenges for facility leaders who must balance their residents' rights to dignity and privacy with safety concerns.
If you're a facility leader, you may be wondering which states allow cameras in nursing homes and what you should know about your local laws. In this article, we'll outline some of the pros and cons of installing room cameras and summarize state regulations impacting a family or resident's right to do so.
Can You Put a Camera in a Nursing Home Room?
Nursing home administrators sometimes place cameras in public spaces (such as their lobbies) to enhance security. However, when it comes to placing cameras in residents' rooms, each state has varying rules and regulations.
Unlike cameras in hospital rooms, which are commonly used for medical surveillance, cameras in nursing homes are often installed at the request of a resident or their family. This has prompted the passage of state-specific laws and regulations to address these requests. We'll go into more detail about which states allow cameras in nursing homes and how this involves facilities.
Why Would a Camera Be Installed in a Residents Room?
A family may request cameras in their loved one's room if they want more oversight over their care. Cameras can serve as an added layer of protection against abuse or neglect by staff, also ensuring that their care meets the highest standards. Some families may also just want footage readily available in case any issues arise.
What Are the Pros and Cons of Having Cameras in Nursing Homes?
Before we discuss which states allow cameras in nursing homes, it can be helpful to get an overview of the benefits and challenges of granny cams. While cameras can help families feel more assured about their loved ones' care, they can also lead to ethical and legal concerns. Here are some specific pros and cons of having cameras installed in residents' rooms:
Pros:
- Can catch acts of abuse or neglect and facilitate criminal investigations
- Provides more peace-of-mind for families that want to keep their loved ones safe
- Increases staff accountability and adherence to care protocols
Cons:
- May cause anxiety or distress for residents who are being monitored
- Can infringe on a resident's (and roommate's) privacy
- Can increase a facility's risk of liability if proper protocols aren't followed
What Are the Legal Concerns Surrounding Nursing Home Cameras?
When installing video cameras in nursing homes, HIPAA (Health Insurance Portability and Accountability Act) poses legal challenges for facilities on a federal level. HIPAA ensures the privacy of residents' healthcare information. The use of cameras — even if requested by a resident/family — could violate this right if they're installed without consent from all relevant parties, lack safeguards, or if their footage is inappropriately accessed by staff.
A few states also have programs or laws allowing families to install a hidden camera for nursing home residents if they suspect potential abuse or neglect. It's important to familiarize yourself with how your state's laws work alongside relevant HIPAA guidelines.
Which States Allow Cameras in Nursing Homes?
Currently, 14 states have regulations explicitly allowing the use of cameras in nursing home rooms. Two states (Maryland and New Jersey) have programs or guidelines involving the use of resident-requested cameras, but have yet to pass any official laws.
Generally, state laws permitting granny cams include conditions such as the following:
- Written consent must be obtained from the resident and any roommates.
- Written notification must be given to the facility prior to installation.
- Facilities cannot retaliate or deny entry to residents who request cameras.
- Residents and families are responsible for most of the installation costs.
- Facilities cannot tamper with or access footage without consent or permission.
However, some states may have more detailed conditions for the installation and use of these cameras. The table below specifies which states allow cameras in nursing homes, with links to relevant laws/guidelines, and summarizes some of the additional requirements that facilities must follow. If you're concerned about cameras in your facility, consider consulting with an attorney to better understand the laws in your state.
| State | Laws and Resources | Some Key Requirements |
|---|---|---|
| Connecticut | State Laws:Section 19a-550(b)Resource Page:Long-Term Care Ombudsman | Facilities must provide internet and a power source for the device. Written notification must be given to the facility seven days prior to installation. |
| Illinois | State Laws:Section 210 ILCS 32Resource Page:Department of Aging | Cameras must be placed in open areas and be visible to anyone entering the room. Facilities must also post a notice of monitoring outside the resident’s room. |
| Kansas | State Laws:Section 39-981Resource Page:Long-Term Care Ombudsman | Cameras must be securely mounted and facilities must also post a sign outside the resident’s room. |
| Louisiana | State Laws:Sections RS 40:1193.1 to RS 40:1193.11Resource Page:Department of Health | Cameras must be stationary and only capture consenting residents. Facilities must also place a sign at the entrance of the resident’s room. |
| Maryland | MD has no specific state statutes governing the use of cameras, but the Department of Health haspublished guidelineson cameras in nursing homes. | Residents and families can place cameras in rooms upon facility approval and with consent from the resident. Both the resident and nursing home must approve of camera usage. |
| Minnesota | State Laws:Section 144-6502Resource Page:Long-Term Care Ombudsman | Facilities must be notified of cameras unless the resident fears retaliation, suspects mistreatment, or did not receive a timely response from the facility. In this case, residents can install a camera without notification to the facility for up to 14 days. |
| Missouri | State Laws:Sections 198.610 to 198.632Resource Page:Long-Term Care Ombudsman | There may be restrictions on audio recordings, depending on the preferences of roommates. Facilities must post a notice of monitoring at the entrance of the facility. |
| New Jersey | NJ has no specific state laws but runs aSafe Care Cam Programfor residents. | The Safe Care Cam program loans surveillance cameras to families who are worried that their loved ones are being mistreated in nursing homes. |
| New Mexico | State Laws:Sections 24-26-1 to 24-26-12Resource Page:Long-Term Care Ombudsman | Facilities must post a sign at the entrance of the resident’s room. |
| North Dakota | State Laws:Sections 50-10.2-01 to 50-10.2-05Resource Page:Long-Term Care Ombudsman | Cameras must be placed in stationary positions and a sign must be posted at the entrance of the resident’s room. Facilities must also alert and inform visitors. |
| Ohio | State Laws:Section 3721.64Resource Page:Department of Aging | Facilities must post a notice of monitoring at the entrance of the resident’s room. |
| Oklahoma | State Laws:Sections 1-1956.1 to 1956.7Resource Page:Department of Health | Facilities must post a notice of monitoring at the entrance of the facility. |
| Texas | State Laws:Sections 242.841 to 242.852Resource Page:Health and Human Services | Facilities must provide a reasonably secure place to mount the camera, with access to power.Facilities have the authority to request that the resident or their representative place a notice at the entrance of their room and conduct monitoring in plain view. |
| Utah | State Laws:Section 26B-2-236Resource Page:Aging and Adult Services | Facilities have the authority to request that the resident or their representative place a notice at the entrance of their room. |
| Virginia | State Laws:Section 12VAC5-371-191Resource Page:Long-Term Care Ombudsman | Facilities must put up a notice of monitoring at the entrance of the resident’s room and notify all staff. They must also inform the state’s long-term care division that monitoring is taking place at the facility. |
| Washington | State Laws:Section 388-78A-2690Resource Page:Long-Term Care Ombudsman | Facilities must notify all residents in writing about the use of monitoring devices.Facilities must also reevaluate the need for the monitoring with the resident at least quarterly and document reevaluations in writing, signed and dated by the resident. |
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Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.