The Missouri legislature passed a law August 28, 2020, allowing cameras to be installed in the rooms of nursing home residents. The new bill is particularly welcomed due to the ongoing COVID-19 crisis and lockdown that prevents families of residents from visiting as a measure to control the spread of the virus.
The law requires residents or their guardians to be responsible for purchasing and installing the camera, and facilities are not responsible for providing WIFI because families can access a hotspot. However, facilities must provide electrical power, a secure placement, and are not allowed to turn off a camera. Only the resident, family members, or a guardian can turn the camera off, and that is restricted to certain circumstances. In situations where a resident has a roommate, both residents must agree to having the camera in the room.
The state representative sponsoring the bill made these comments, “There were other bills that had been proposed but none of them really gave either the nursing home or the patients the proper amount of protection, so I took it on. It does away with the mystery. Right now our loved ones are in nursing homes, we’re not allowed to see them, we’re not allowed to talk to them, we’re not allowed to communicate with them other than on a telephone if they’re able to do that, and there’s a lot of distrust as to what’s going on.”
He noted the cameras can have two-way communication so family and friends are able to watch real-time video and talk with their loved one, and residents can respond back to them.
The Missouri Health Care Association supports the bill because it can offer peace of mind to families regarding their concerns about potential abuse and neglect.
Compliance Perspective
Issue
Allowing cameras in the rooms of residents may give family members assurance that their loved ones are provided quality care and are not abused or neglected, as long as installation of the cameras adheres to state and federal guidelines and does not violate a resident’s or a roommate’s right to privacy.
Discussion Points
- Review policies and procedures regarding placement of cameras in residents’ rooms and guidelines ensuring residents’ right to privacy.
- Train staff on the presence of cameras in a resident’s room and any applicable operating restrictions, e.g., not turning off cameras where it is prohibited, and ensuring privacy during care routines.
- Periodically audit to ensure that before cameras are installed in rooms with more than one resident, written approval from all residents in the room has been obtained.
FOR MORE INFORMATION ON THIS TOPIC view: FREEDOM FROM ABUSE, NEGLECT, AND EXPLOITATION.
