Can You Put a Camera in a Nursing Home Room?

This past June, Governor Joe Lombardo signed off on Assembly Bill 202, which allows cameras into Nevada nursing homes. This law is called “Henry’s Law,” honoring Henry Owens, who died in 2021 after suffering numerous urinary tract infections and other maladies associated with a lack of care. Henry’s family helped lobby for this law to be passed in order to protect other patients.

You can learn more about Henry here, although it is not an easy story to read. Owen’s sister Theresa Bigay said about her brother’s plight, “It was horrible. Nobody should have to live in those conditions whatsoever. Nobody!”

Henry’s Law, passed in June, authorizes a:

patient  in  a  facility  for  skilled  nursing  or  his  or  her  representative  to request the installation and use of an electronic communication  device  in  the  living  quarters  of  the  patient; prescribing  requirements  for  the  selection  and  operation  of such a device; prohibiting a person from taking certain actions  concerning  such  a  device  or  the  images  and  sounds  broadcast  by  such  a  device;  prohibiting  a  facility  for  skilled  nursing or an employee of such a facility from taking certain additional  actions;  providing  penalties;  and  providing  other matters properly relating thereto.

If approval is granted, the patient or their representative are responsible for the installation, costs, and upkeep of any electronic communication device.

Why should I install a camera in my loved one’s care facility?

These cameras, sometimes called “granny cams,” can provide peace of mind that your loved one is being taken care of properly. Reasons you might want to consider a granny cam include:

• Monitoring quality of care: A camera provides a means to monitor the care your loved one receives in real time. It allows you to observe how staff members interact with your loved one, ensuring they are treated with respect, dignity, and receive the appropriate care.
• Detection of neglect or abuse: Unfortunately, neglect and abuse can occur in nursing homes. A camera can help detect any signs of neglect, mistreatment, or abuse, providing evidence if concerns arise.
• Peace of mind: For family members who may be concerned about the quality of care their loved one receives, a camera can offer peace of mind. Knowing that you can check in on your loved one remotely can alleviate anxiety and help you feel more assured about their well-being.
• Facilitation of communication: In some cases, caregivers may not communicate effectively with family members regarding the care and condition of their loved ones. A camera can provide insights into your loved one’s daily activities, health status, and any changes in behavior or condition, facilitating more informed communication with caregivers and healthcare providers.
• Accountability: The presence of cameras can promote accountability among nursing home staff. Knowing that their actions are being recorded may encourage caregivers to stick to established protocols, provide high-quality care, and treat residents with professionalism and compassion.
• Documentation for legal purposes: In the event that neglect or abuse does occur, video footage from a camera can serve as crucial evidence in legal proceedings. It can help substantiate your claims of mistreatment and provide evidence in holding the responsible parties accountable.

In accordance with the new law, you must get approval from the Nevada nursing home before you can install a camera in your loved one’s room. However, you should be able to get approval if you meet the standards laid out in the new law, which include:

• The patient or the patient’s representative must agree to waive their right to privacy
• Obtaining the consent of the roommate of the patient (or their representative)

Patients or roommates may revoke their request or consent to an electronic device in their rooms. The law also prohibits nursing homes from denying admission to or discharging a patient from the facility because of a decision to request an electronic communication device.

Are there disadvantages to putting cameras in nursing home rooms?

We know the pros of putting a camera in your loved one’s nursing home room – increased peace of mind that your loved one is getting the care and treatment they deserve at this point in their life. However, video cameras may not be the best idea for some cases:

• Invasion of privacy: Residents may lose their sense of privacy if they know they are being monitored throughout the day and night. Residents may be exposed while dressing, toileting, or using a bedpan.
• Impact on resident-staff relationships: The presence of cameras can potentially strain relationships between residents and staff members. Caregivers may feel surveilled and mistrusted, leading to decreased morale and job satisfaction. Residents may also feel uncomfortable or anxious knowing that their actions are being constantly monitored.
• Roommates: Most nursing home residents share a room with another person, so installing a camera could be an invasion of privacy for the roommate. This is why Henry’s Law requires any roommates also consent to the placing of a camera.

If you believe your loved one is suffering abuse or neglect in a nursing home, it’s important to talk to an experienced lawyer right away. At Claggett & Sykes, we can help. With a history of excellence in serving our clients, we can work to ensure the abuse stops and that nobody else in the nursing home suffers harm. To schedule a free consultation, call us or use our contact form. We have offices in both Las Vegas and Reno to better serve our clients.