Can You Put a Camera in a Nursing Home Room?

A nursing home is meant to be a safe environment for elderly individuals with ongoing medical needs. 

While they live in the nursing home, they can expect to receive high-quality care without losing their dignity or respect from others. Unfortunately, concerns about nursing home abuse and neglect have made many residents and family members nervous about living in these facilities. 

Many wonder if they can put a camera in a nursing home room to monitor a resident for safety reasons. There are some legal and ethical implications to consider and some steps to take before installing a camera in your family member’s room. 

Legality and Ethics of Cameras in Nursing Home Rooms

A surveillance camera in a residential space could be concerning due to legal and ethical implications. If you want to put a camera in a loved one’s room, consider the following elements first. 

The Motivation Behind Installing Cameras

The most common reason for families to install recording devices in residents’ rooms is to prevent nursing home neglect or abuse. 

First, if you have concerns about the safety of your family member, a privately installed camera could assuage some of your fears. The presence of a camera could also ensure the staff treat your loved one with the respect and care they deserve. 

Federal and State Laws on Surveillance in Nursing Homes

The primary federal regulations governing the use of cameras in rooms are related to patient privacy. HIPAA dictates that patients have the right to privacy regarding their health, and cameras could violate this right if installed without full consent from all parties. State laws for putting a camera in a nursing home room vary. 

More states are allowing the installation of private cameras to watch over nursing home residents. As of 2024, sixteen states allow family members to put cameras in a nursing home facility, including Arizona, Illinois, New Jersey, Ohio, Texas, and Wisconsin. 

Even if you live in a state that allows a camera in a nursing home room, it is essential to check local regulations first. There may be laws regarding consent from all parties, signed forms, and what type of recording device is allowed. 

Nursing Home Policies and Procedures

Putting a camera in a loved one’s room also depends on the nursing home. Some nursing homes have policies against surveillance cameras because they violate nursing staff’s or other residents’ privacy rights. Before you install cameras in the nursing home room, make sure you obtain written permission from the nursing facility. 

If you are concerned about a facility’s policies regarding the use of cameras, you should research the nursing home’s past to see if they have a history of health violations. You can also speak with a nursing home lawyer to ask about your rights as a resident’s family member if you live in a state where cameras are allowed.  

Balancing Privacy Concerns with the Safety of Nursing Home Residents

Choosing to have a camera in the room to watch over your family is a delicate balancing act. You want to respect their privacy and the privacy of the other residents in the room if they have a roommate. 

However, you also want to ensure they are not experiencing elder abuse or neglect. Here are a few tips to help you address these concerns while still protecting your loved one. 

Resident Privacy Rights

Every nursing home resident has the right to privacy, safety, and dignity. Violating these rights for your family member or another resident could get you in legal trouble. Before a camera is installed in the resident’s room, all parties involved must take extra care to respect nursing home residents’ rights. 

Informed Consent and Notification

Informed consent is essential if you want a nanny cam in your family member’s room. First, you will need permission from your loved one to put a security camera in their room. Next, you must notify the facility of your intention to ensure it does not violate their policies. 

Otherwise, you could risk your loved one’s eligibility for that nursing home. Finally, you need informed consent from the resident’s roommate or legal representative if they share a room.

Placement and Restrictions on Camera Use

Even if you have permission to place a camera in a nursing home room, there are limits to how it can be used. For example, you cannot put the camera in the bathroom. Even though you may have concerns about your loved one slipping in the tub or while on the toilet, this is a violation of privacy in most cases. 

The goal of the camera placement should be minimizing privacy intrusion while still providing extra security for the residents so they are safe from nursing home abuse or neglect. 

Additionally, you must abide by the facility’s regulations, which may not allow the specific recording device you plan to use. Research regulations so you can comply with any relevant standards for nanny cams. 

Potential Benefits and Drawbacks of Cameras in Nursing Home Rooms

A nanny cam for a nursing home resident can have advantages and disadvantages. Before installing a camera in a nursing home, it is important to consider the potential benefits and drawbacks. 

Benefits of Surveillance

Although surveillance may not be pleasant, it can bring peace of mind to families concerned about their loved ones’ well-being. Knowing they can check on their family member when needed can make the transition into a nursing home smoother. If you put a camera in their room, it can also be a deterrent for abusive or neglectful behaviors by staff or other residents. 

Finally, if you suspect abuse is happening, then placing a camera in the room could assuage your fears or catch the guilty party in the act, making a lawsuit or legal action much simpler. 

Drawbacks and Concerns

Installing a camera in a nursing home room has plenty of drawbacks. First, it may be a violation of privacy. Even if you have informed consent from all parties, the camera could record private or embarrassing instances. A camera could also create a false sense of security for the family or resident, causing them to neglect other crucial aspects of care and oversight. 

Lastly, cameras may result in less care for the resident since staff may feel they are being monitored and don’t require consistent check-ins, affecting how well they do their jobs. The resident’s family may also stop visiting frequently if they can view the footage from the camera to check up on them. 

Alternatives to Surveillance

Although you can technically put cameras in your family member’s room in some states, it is not always the most effective way to watch over them. In-person visits are always more effective when checking in on a loved one. 

First, you can observe the individual closely and note their behaviors better if you see them face-to-face. These visits allow you to notice the signs of elder abuse if it is occurring outside their room or when you are not watching. 

Also, the way your family member behaves around the staff can reveal much about potential elderly abuse. You should also facilitate open communication with the staff to ask questions and address concerns about their care. Involvement in care planning is a great way to ensure the nursing staff are addressing all the needs of your loved one. 

Suspecting Nursing Home Abuse of a Loved One? Call a Lawyer Now!

We all want our loved ones in nursing homes to have the best experience possible. They deserve to access quality healthcare and feel safe in a facility. Unfortunately, the realities of nursing homes nationwide mean they are not always safe for every person. 

Sometimes, putting cameras in these long-term care facilities is a practical way to ensure the safety of your loved one, especially if you suspect the staff of being abusive or negligent. 

If you do think your family member is being abused or neglected in a nursing facility, you need an experienced law firm on your side to consider the best path forward. The Nursing Home Law Center team can investigate your case, hold the nursing home staff accountable, and pursue compensation for legal damages suffered in cases of abuse or neglect. 

Call us at 800-926-7565 or complete the online form for a free consultation about your case.