Microphones and Web Cams

I believe there are only a few states, Texas and New Mexico come to mind, which permit a nursing home resident or designee to install video surveillance. I am most certain, with the facility's approval, too.

The microphone can be argued as a hearing aide, unless it's attached mainly to a recorder.

Your lawyer would be cognizant of the state's regs.

Geez, sounds like they're fishing for a lawsuit! We've had to sign in/out on a pad of paper documenting time, care rec'd, etc., but nothing like that. I would think that the facility would have to approve, but don't know about laws. Please let us know what info you find, I'm intrigued!

I was under the impression that they had to tell you first that you were being recorded?

Do you have a legal department?

I had a situation where the family was taking pics with their phones of OTHER patients. while a picture is worth a thousand words- in our field each picture requires a thousand words of explanation. Just as a patient can only have access to his chart with medical explanation accompanying them- so I would imagine the resulting images require a medical explanation. Famous story of a family who stole a peek at their chart and saw WNL (within normal limits) interpreted it as Will Not Live and went berserk!!! I would call the family and ask for a meeting with the SW and anyone else you need (legal aid, medical director etc.) ask if the family feels confident in the care that they are getting, if they have any complaints or recommendations and build up a repertoire. Then I would ask point blank if they have recording devices in the room and if so would they like an explanation about any of the care. I would definitely alert the staff to the situation after explaining that the family means no harm- they just don't have confidence in the staff, yet. but the staff must be on best behavior . WHat an example of a modern situation- you would never hear this kind of story 10 years ago!!!

Interesting ...

Of course, a cynic might wonder why staff would have an objection to the presence of a video-cam or microphone?

Interesting ...

Of course, a cynic might wonder why staff would have an objection to the presence of a video-cam or microphone?

Because the work that we do doesn't always look as elegant as the families would want it to. You try transferring a 200 pound plus paraplegic who refuses a hoyer lift and make it look good!!! If the families lack trust in the staff- they should find a better place and vote with their feet. Its all a matter of trust. If they need cameras then chances are they are looking for something and I have to question that if they suspect foul play- then why do they keep their loved one in such a place!!!

Interesting ...

Of course, a cynic might wonder why staff would have an objection to the presence of a video-cam or microphone?

A better question: why would a family go so far as to violate the privacy of their loved one by installing a camera and microphone in the room?

Because the work that we do doesn't always look as elegant as the families would want it to. You try transferring a 200 pound plus paraplegic who refuses a hoyer lift and make it look good!!! If the families lack trust in the staff- they should find a better place and vote with their feet. Its all a matter of trust. If they need cameras then chances are they are looking for something and I have to question that if they suspect foul play- then why do they keep their loved one in such a place!!!

Yeah, that!

We have a resident who has dementia. Every single time his brief is checked/changed he thinks he's being raped and yells accordingly. Imagine a family memeber watching a video with audio of such an encounter? We always send 2 aides in to care for him, but still, that could lead to investigations, allegations, state involvement, etc. Not a pretty scenario. Of course, our staff is not abusing him, but the interaction would appear appalling tape. That's why I would be against audio/video in res' rooms. I'd spend most of my shift explaining what was going on with various residents to ease families minds. As if I don't have enough to do.

Do you have an in-house risk manager? Do they have any experience with this? If it were me, I'd probably give the corporate risk management guru a call to see how they want to handle it. Fortunately, I've never run up against this one...

A better question: why would a family go so far as to violate the privacy of their loved one by installing a camera and microphone in the room?

If they are the power of attorney, they have that right- just as parents have a right to leave a hidden camera in their child's bedroom if they suspect a caregiver of something wrong. I understand that these cameras are admissible in court (if the parents put it...) it might be the same for a power of attorney of a demented patient.

In Israel we have cameras that are attached to a web site in the preschool rooms so that parents can log on and see if their cutie pies have their shoelaces untied etc. Parents love it. Unfortunately it just means that there was a problem (with the preschools ...) so a camera is necessary to keep people on their toes!

When I was in nursing school we were told to work as if G-d was leading in front of us and a Lawyer was looking over our shoulder checking up on us..... I guess that can be amended now if families are hiding cameras in rooms...

I don't believe that "right" extends outside of a private house. Like I mentioned in my initial post, only a very few states have adopted video/audio surveillance in nursing homes. Even if it is, the facility still has to approve installation. Your state's Patient's Bill of Rights may not even include this provision. Suffice it to say, it is illegal to install one w/o the facility's knowledge.

There are also laws preventing the taping of anyone without their consent. Whether it be audio or video.