Only granny cams
The audio or video captured by the electronic device would be admissible as evidence in civil, criminal, and administrative court proceedings.
Lastly, nursing home facilities are forbidden from refusing to admit or removing an individual who elects to install an electronic monitoring device.
Advocates against the use of granny cams argue that the cameras are an invasion of the resident’s right to privacy as the family or representative would be viewing the recording.
Further, the nursing home care industry has voiced concerns about their privacy rights being violated, especially in instances where equipment is hidden, and the potential for higher staff turnover seeking to avoid constant scrutiny.
Legislation is currently under consideration in Illinois, Missouri, and Arkansas.
Oklahoma Law Favors the Resident In 2013, Oklahoma legislators unanimously voted to enact the Protect Our Loved Ones Act.
Texas requires residents installing cameras to post notices outside the door of their room to let those that enter know that they are being recorded.
Currently, only New Mexico, Texas, Oklahoma, and Washington have laws granting individuals the affirmative right to install surveillance cameras in their nursing home rooms.In the majority of instances, families will install a camera as a last resort when they suspect that their loved one may be the victim of abuse or neglect.If you believe that your loved one living in a nursing home may have been a victim of elder abuse or neglect, contact a nursing home abuse attorney at Carr & Carr.Considered to be “pro-resident,” the law allows nursing home residents or their representatives to install electronic monitoring devices in their rooms at their own expense and strictly prohibits nursing home employees from tampering with or blocking the view of the cameras.Facilities must provide notice of potential electronic monitoring in use on a general sign to be posted near the main entrance.Balancing Individual Privacy Rights and Preventing Elder Abuse Currently, no federal law grants individuals with the right place electronic surveillance equipment in nursing homes thereby leaving each state to implement their own laws.