THIS MONTH, we are going to talk about cameras in nursing homes and assisted living. As of March 2022, Esther’s Law became active, allowing families and residents to install camera systems in their room. This provides another layer of accountability and an opportunity for loved ones to remain connected to residents virtually.
As a result of the pandemic, many of us who visit loved ones in nursing facilities have experienced hybrid visits and increased use of technology to enable connectedness. Esther’s Law builds on the idea of incorporating technology in care.
There are specific rules that apply when exploring the option of utilizing cameras in resident rooms. First, although the Ombudsman program advocates for assisted-living facilities to allow cameras in resident rooms, the law doesn’t specifically include assisted living.
Second, if the resident is able to make decisions, they need to consent to the use of the camera in the room—and if there is a roommate, they must provide consent as well.
Third, the family and resident are the only ones with access to the footage obtained by the camera.
Fourth, the facility must have a consent form and be able to post notice outside of the room that there is a recording occurring.
Across our region, families and residents have successfully incorporated cameras in the room to encourage quality care and enable families and residents to experience a layer of accountability and peace of mind. However, we have also seen some issues come up with the implementation of Esther’s Law. The main issues include: 1. Facility requiring families to pay for wifi access 2. Facility requiring families to pay for installation of cameras 3. Assisted living and nursing facilities denying the right to put cameras in the room. We are sure as the year goes on that we will encounter more problems and success stories as it relates to the use of cameras in the room. If you have questions about Esther’s Law, resident rights, or issues you might be facing in long-term care, please let us know 419-259-2891.
