Is it legal to have a hidden video cam in a patient rooms without the nurses knowledge?

[Nurse Beth, MSN]

It depends on state laws and employer policies.

Employers use video cameras to monitor employees for various reasons, but they must do so in compliance with the law. If your employer improperly uses cameras in the workplace, you may have a legal claim against them.

Some states allow hospitals to record employees in common areas if they have a legitimate reason. In other states, it violates privacy laws. If recorded, however, you should be informed.

 Here are some key points to consider:

• Privacy laws. In many regions, including the United States, hidden cameras can violate privacy laws. Patients and healthcare providers have a reasonable expectation of privacy in medical settings.
• State regulations. Different states have varying rules regarding surveillance in healthcare facilities. It's important to check the specific laws in your state.
• Hospital policies. Hospitals and healthcare facilities often have their policies regarding surveillance to protect the privacy and dignity of patients and staff.

 In general, any surveillance in patient rooms should be done with the consent of both patients and healthcare providers, and there should be clear signage indicating that surveillance is taking place.

HIPAA Compliance: In the U.S., the Health Insurance Portability and Accountability Act (HIPAA) protects patient information. Unauthorized video recordings could violate HIPAA regulations if they capture protected health information (PHI).

If you suspect hidden cameras are being used in a healthcare setting without consent, please get in touch with your Risk/Legal departments. The ultimate authority in your area to address this issue is to consult with an employment attorney.

Best wishes,

Nurse Beth

[ChristinaFNP, ASN, BSN, MSN, DNP, APRN]

you do not specify who you think placed the hidden camera-your employer or the patient/family. If you believe it is the family, this needs to be reported to your supervisor immediately. If it is your employer, many rooms are video monitored in order to ensure patient safety. There needs to be an area that provides privacy for the patient when they need to undresss, etc. I would seek clarification from your supevisor about the purpose of the recording, if indeed it is occurring. 

[RN_SummerSeas, MSN, APRN, NP]

This is illegal in MA. No one can legally record anyone else with their knowledge and consent. In the one facility I worked in with the option of cameras, the patient or their HCP (if invoked) had to sign a consent for. I'd check your state law.