If you suspect your vulnerable loved one is experiencing mistreatment in a nursing home, you may wonder if you can put a camera in their room to ensure they are receiving the proper treatment. Fortunately, California law does allow residents and family members to install cameras under certain circumstances.
Lanzone Morgan, LLP, is here to help you make sense of the laws surrounding cameras in nursing home rooms. If you have any concerns, we encourage you to call us at 888-887-9777 for a free consultation.
Table of Contents:
- California Law on Cameras in Nursing Home Rooms
- Things To Keep in Mind Before Installing a Camera in a Nursing Home Room
- Reasons To Consider Using a Camera in Your Loved One’s Nursing Home Room
- What To Do If You See Signs of Abuse or Neglect on Camera
- Let Us Help Your Family Fight Back Against Nursing Home Abuse
California Law on Cameras in Nursing Home Rooms
It is generally legal to have cameras in patient rooms in California nursing homes. Both facilities and residents, or their loved ones, may install cameras in a resident’s bedroom, provided they do not violate the resident’s right to privacy and dignity.
One key rule is that video surveillance typically cannot include audio recording. Facilities must protect the confidentiality of recordings and limit access to them.
Additionally, the resident or a person with legal authority to make decisions on their behalf must provide informed consent. The individual installing the camera must clearly explain how they will use the camera, get the resident’s approval, and allow the resident to withdraw permission at any time.
The California Department of Social Services issued these guidelines allowing the use of cameras in private spaces in 2015. Before the rule change, cameras were only allowed in public areas, such as hallways and lobbies.
Other States That Allow Cameras in Nursing Home Rooms
At least 16 other states allow cameras in hospital rooms or private spaces in nursing homes, including the following:
- Connecticut
- Illinois
- Kansas
- Louisiana
- Maryland
- Minnesota
- Missouri
- New Jersey
- New Mexico
- North Dakota
- Ohio
- Oklahoma
- Texas
- Virginia
- Washington
Each state has its own rules for when cameras are allowed. Some require both the residents’ and the facility’s consent, while others give all residents the right to install cameras in their rooms.
Things To Keep in Mind Before Installing a Camera in a Nursing Home Room
Here are some best practices to consider before you install a camera in a loved one’s nursing home room:
- Check the facility’s policies. Ask the nursing home administrator whether the facility has rules about cameras in residents’ rooms. Some facilities require specific procedures before installation.
- Get permission. Tell your loved one why you want to install a camera in their room, what it might capture, and how you plan to use the footage. Give them time to consider the request and ask questions before deciding whether they consent. If they cannot make decisions independently, ask permission from the person legally authorized to make decisions on their behalf.
- Choose an appropriate location. Position the device so it captures general activity in the room without pointing toward bathrooms or changing areas. Be careful not to place a camera where it may record another resident because that could violate the other resident’s privacy rights. Cameras should only be used to record your loved one, not other residents.
- Avoid recording audio. California’s Invasion of Privacy Act makes it illegal to record a private conversation without the consent of everyone involved, so it’s safest to use cameras that record video only.
Reasons To Consider Using a Camera in Your Loved One’s Nursing Home Room
Studies estimate that 1 in 10 Americans 60 and older has experienced elder abuse, and 12% of nursing home staff worldwide have reported neglecting patients over the past year. The risk of mistreatment is often greatest in private spaces, where interactions between staff and residents may occur without witnesses.
Installing a camera in your loved one’s bedroom can be an effective way to protect them from harm. When staff members know they’re being monitored, they may be more likely to provide appropriate care. If the camera does capture abuse or neglect, you can identify and stop the behavior sooner.
For many families, a camera provides peace of mind. Placing your loved one in a nursing home can be a difficult decision that brings worry about their well-being. Electronic monitoring can help you stay connected to their care and feel more confident that they are safe when you’re not there.
What To Do If You See Signs of Abuse or Neglect on Camera
If you install a camera in your loved one’s room, check in a few times a week to monitor staff behavior. Abusive or neglectful situations may involve caregivers ignoring a resident’s calls for assistance, handling them roughly during transfers, leaving them unattended for long periods, or shouting at them.
You may also notice warning signs when you visit your loved one in person. Reviewing camera footage may explain red flags such as repeated injuries, bedsores, sudden weight loss, poor hygiene, or unusual emotional distress.
It’s important to take quick action if you see anything concerning. Call 911 if you believe your loved one is in immediate danger. Otherwise, save the footage and report the issue to the California Department of Aging Long-Term Care Ombudsman CRISIS Line at (800) 231-4024. You may also want to make a report to the nursing home’s administrator.
Once you’ve taken those first steps, consider speaking with our attorneys. We can review the footage and potentially help you file a legal claim against the facility.
Let Us Help Your Family Fight Back Against Nursing Home Abuse
When you placed your loved one in a nursing home, you expected staff members to provide attentive, dignified care. In some cases, cameras in nursing home rooms may reveal concerning behavior that suggests neglect or abuse. Evidence that the facility violated your family’s trust can be deeply troubling, but you have the right to fight back.
As one of the nation’s leading elder abuse law firms, Lanzone Morgan, LLP, has over 75 years of combined experience holding facilities accountable for their negligence. Our California nursing home abuse lawyers are here to pursue justice for your family and seek fair compensation for the suffering your loved one has endured.
Contact us online or call 888-887-9777 for a free consultation to explore your rights, options, and next steps.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.