hidden cameras in patient's rooms allowed?

wincha · Nov 29, 2005

Does anyone know if it is legal for patient's families to have hidden cameras in patient's rooms? What are the legal implications there?
At our facility there is a sign posted in the front lobby that states you could be recorded. I was just curious. I don't think we have them because we have a lot of thieves in our facility and it is sad. And no, I'm not doing anything wrong. It's just that there are soooo many people where I work that seem sue happy and I feel nit picked to DEATH.
Also, another ? about this particular patient whose family wants extra 1hr rounds done on them by the nurse and CNA. We have to initial a special sheet on this person where we and the CNA checked on them every 30 min and we have a lot of other patient. Our facility policy is q2 hours and to me that is not right. Everyone else gets q2hr rounds. This doesn't seem prudent to me because I could just be asking to be set up. What do you think?

Hidden cameras in patients rooms??? A HUGE violation of HIPPA.

llg, PhD, RN · Nov 29, 2005

I wouldn't work anywhere that allowed cameras in the patient's rooms in an attempt to catch me doing something wrong.

llg

Havin' A Party!, ASN, RN · Nov 29, 2005

I wouldn't work anywhere that allowed cameras in the patient's rooms in an attempt to catch me doing something wrong...

What if this went the same route of recorded conversations to service providers? "This call may be recorded or monitored for the purpose of improving customer service."

llg, PhD, RN · Nov 30, 2005

What if this went the same route of recorded conversations to service providers? "This call may be recorded or monitored for the purpose of improving customer service."

I still wouldn't do it. I would find another type of work to do.

llg

QM LPN · Nov 30, 2005

Woo, my first post!

This is a tricky one...

If the patient room is private, and the patient has provided consent for the placement of the camera, then there is no HIPAA violation, though any videotaped footage can be "rescinded" by the patient at any time. If the room is semi-private, then yeah...major HIPAA issue. Also, if the camera faces the hallway/door, the potential for a HIPAA violation is also a risk.

The sign in your lobby is likely notification to the public that their images will be captured on security cameras in your hospital, such as near the exits or the OB unit. I would highly doubt it is intended to "cover" hidden cameras in patient rooms. Your facility would have to have explicit, signed permission from EACH patient to videotape in rooms. Managing this by turning cameras on and off as each patient dictates in order to "catch" a nurse in an inappropriate activity is HIGHLY unlikely. That would be a lot of resources to spend for little return...someone would have to constantly turn them on/off 24 hours a day...which is probably not likely to happen. In my experience, cameras are most often placed at nurses stations and ESPECIALLY medication/treatment rooms where narcotic diversion or supply pilfering could occur.

As for your second question regarding patient rounds, generally you will be OK if you are following hospital policy. In a court of law, this should hold up just fine, unless the patient's condition warranted more frequent observation, i.e. hourly, based on prudent nursing judgement. If most other experienced nurses would check a patient more frequently than policy dictates, then the court could hold you to that same expectation.

Never, EVER, try to use policy as an alternative to nursing judgment. If the patient's condition warrants 1-1 monitoring 24/7, then simply checking on them every 2 hours because "policy says so" could get you into trouble. Policies are usually intended to be the bare minimum...your expertise and good judgment should take precedent.

That being said, if the request for more frequent monitoring is made by the family, and the patient is stable (not a fall risk, etc), then two hours would probably be fine, though you could help maintain harmony on the unit by doing your best to accomodate them. If the request is made by your employer, well, then you're S.O.L. :)

Brian

Havin' A Party!, ASN, RN · Nov 30, 2005

... If the patient room is private, and the patient has provided consent for the placement of the camera, then there is no HIPAA violation...

Agree with the above.

However what about the rights of hospital personnel? Do patients have the right to shoot video or stills of personnel in the hospital without first obtaining a release from them? Does a patient have any authority to capture our images, while on private property, in any form without our prior consent?

Don't think they do.

lever5 · Feb 27, 2008

Our hospital has installed camera's in all the pt's rooms, they will have to agree to be on camera and there will be internet access for families to see thier loved ones at home. (If they don't have time to visit or are in another state.) I do not know how I feel about this. I do not like the idea of being filmed. I am looking for other information on hospitals that have initiated a program like this.

caliotter3 · Feb 27, 2008

Once worked in a LTC facility where there was a resident who, I was warned, had come into a good sum of money because he was successful in a lawsuit where his well placed camera captured videos of staff abusing him and providing substandard care at the acute care facility where he started out at. He was not there much longer, bought a house and hired away his favorite caregivers.

Also worked at another facility where a mean LOL who liked to put her call light on numerous times just as you made it out to the hallway after having tended to her previous requests. She got on everyone's nerves. One night she pushed my buttons so well, that I told her that I was well aware of her tape recorder in her night stand, but that there were three other human beings in the room who were just as entitled to care and that I was not going to rearrange her pillows for the fifth time as someone else was lying in urine. I invited her to complain about me if she wished, but that I was going to continue to do my job to take care of the others also. She was always doing her utmost to goad people into losing their temper and the sad part was that she was very successful in insuring that the others in the room got minimal care.

I, too, would refuse to work in a facility with cameras. I have a bad enough time as it is without having to perform for unseen audiences. It may be their right to install cameras, but it is also my right not to work under these conditions.

jillnortan · Aug 15, 2011

As an X-nurse I have a very strong opinion about cameras. All hospitals need lots of cameras! If you aren't doing anything wrong, you don't have anything to worry about. Bottom line, no cameras means hospitals have a free for all malpractice fest.

xtxrn, ASN, RN · Aug 15, 2011

Hidden cameras in patients rooms??? A HUGE violation of HIPPA.

In a private LTC room, it's considered the resident's home....when these cases go to court, it's the family doing the recording, so not a violation by the facility...and has resulted in appropriate convictions of elder abuse/assault. I don't like the idea of a family being so upset they don't just go to a different facility- but I detest an abuser even more.... :)

decembergrad2011, BSN, RN · Aug 15, 2011

The idea of being recorded while working in healthcare is not surprising. It's already taking off in childcare. We'll see what comes of it in the next decade.