The decision to place a family member in a nursing home is one of the most traumatic judgments for a family to make. Much of the anxiety is rooted in the fact that the resident will be under the control of strangers for basic daily needs and may be cognitively impaired. The opportunity for abuse and the inability to report it make families very uneasy. The ubiquitous presence of electronic devices capable of making video recordings has presented an opportunity for the protection of nursing home residents. Some families have inquired about the legality of surveillance video equipment in the patient’s room. The devices are pejoratively called “granny cams” and are similar to the “nanny cams” used by parents to monitor home care workers.
New York State
New York State has no statute explicitly authorizing or prohibiting video surveillance in nursing homes. However, the New York State Department of Health has issued a memorandum to all nursing homes called a “Dear Administrator Letter”1 on this subject. That letter states:
Nursing homes have the right to develop policy and procedures regarding the use or the non-use of video and/or audio surveillance equipment in any part of their facility including resident rooms. Written policies must adhere to established regulations, including 42 CFR §483.10(e)—F164, Privacy and Confidentiality and §483.15(a)—F241, Dignity.
