The daughter of a 93-year-old woman in a Texas nursing home placed a camera in her mother’s room last fall after her mother told her that someone was hurting her. Subsequently, the camera captured images of an aide in the act of verbally and physically abusing the resident. When the daughter showed the nursing home administration the video in October, the aide was fired.
The daughter also gave the video to the police who launched an investigation, and they recently arrested and charged the former aide with injuring an elderly person. The accused woman was released on a $25,000 bond and advised not to have any further contact with the nursing home resident. She is scheduled to appear in court on Feb. 13.
The daughter told reporters that it was hard for her to watch the many abusive things the video showed the defendant doing to her mother. She expressed concern about the possibility that there are others in the nursing home who the defendant abused.
Although many states prohibit placing cameras in the rooms of nursing home residents, more and more states are considering legislation allowing such cameras. For example, the state of Michigan is considering legislation that would give nursing home residents the right to have monitoring devices, and the state of Ohio has introduced a bill that would allow cameras to be placed in the rooms of residents in long-term care facilities. New Jersey has a Safe Care Cam Program that launched in December 2016.
Compliance Perspective
Failure to protect residents from being verbally and physically abused by facility staff may result in citations for abuse and neglect at the immediate jeopardy level, and be considered provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points
- Review policies and procedures regarding the state’s legal position on placing cameras in residents’ rooms and having a “no tolerance” policy regarding abusive behavior by employees against residents.
- Train staff on the facility’s policy and procedures regarding investigation of complaints of alleged abuse and neglect of residents. Training should also include the regulatory requirement for employees to report any suspected incidents immediately to their supervisors or through the Hotline.
- Periodically audit recent complaints about abuse and neglect to determine if they are being adequately investigated and if staff are being trained upon hire and at least annually on the facility’s policies and procedures covering abuse and neglect.
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