Legislators in Illinois and Missouri are considering legislation that would make it possible for the state and organizations to install security cameras in nursing homes. This legislation is being considered after the exposure of many cases of abuse and neglect in nursing homes and elderly care facilities. The laws would install the cameras with the idea of preventing such abuse in the future. Were it to happen, the organizations would have video evidence of the abuse.
However, the laws are raising concern over possible HIPAA violations. Additionally, if the cameras were recording audio, there are possibilities of violating wiretapping laws as well. In the cases of these particular laws, much of the recording would be done without consent, as far as non-residents visiting or working in the facility are concerned. In other cases, experts have raised questions about whether residents dealing with memory problems and other mental issues would really be able to give consent.
The legislation is still being examined to determine whether it would violate HIPAA laws or not. If the cameras were being controlled via an internet link or similar, they would definitely fall under the jurisdiction of HIPAA rulings. Both states are considering the repercussions and implications that such a move would make on the resident’s lives and on their family’s privacy and security.