Granny Camera
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Granny Camera
Granny Cams: Yes or No? For Better Health
Should You Use a Granny Cam to Monitor a Loved One's Care?
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There's an array of legal issues surrounding hidden cameras.
Many states now have laws mandating that senior communities grant resident requests to install video monitoring equipment, or what we call "granny cams." The latest count shows that Illinois, Louisiana, New Mexico, Oklahoma, Texas, Washington, Maryland, Utah and Virginia have some type of law in this area, and New Jersey enacted a program that loans equipment to health care consumers to allow them to do so. More than a dozen more states are looking into it. It's a controversial issue and fraught with legal peril. There is no federal law prohibiting the use of such cameras however.
I spoke to an expert, Angelia Brigance, about the issue. Here are some takeaways:
A granny cam is any camera that is used to watch your loved one and monitor his or her care. While nursing homes and assisted living get the most press, the truth is that families, especially long-distance caregivers, sometimes choose to install these in the home of a loved one, too.
When Nursing Home Abuse Prompts Use
There's a lot of talk about abuse of seniors in nursing homes and assisted living, as well as in their own homes. That's the biggest reason, Angelia notes, why people tend to use them. Families may use them to gather evidence if they really believe that something's going on. Some senior care homes install cameras outside of residents' rooms to monitor staff, and some use it as a training tool. And yes, some families covertly and illegally install them in care homes, too. The camera could be hidden in a digital photo frame or tucked away in plain sight.
My mom was once in a rehab facility and, unbeknownst to me, they moved her to another room without informing me. Now imagine when I walked into what was once her room, the bed nicely made but no sign of mom. My first thought was: She died! Did the thought of a camera cross my mind at the time? You bet.
Cameras usually stem from a lack of trust and a failure to communicate. So, if a long-term care home wants to decrease the odds of a camera being installed, increase the communication to families and residents. Have an open-door policy. Manage by walking around – be visible.
There are legal issues at play, too. Installation may violate the privacy rights of the resident and his or her roommate. Consent is required, and if someone is doing this on the sly – or mom or dad have advanced dementia and cannot understand what's happening – well, privacy goes out the window.
Cameras could violate HIPAA and may violate wiretapping and electronic surveillance statutes.
Even worse, knowing there are cameras hurts morale. And bad morale leads to lesser quality care. Could you do your job well with a camera pointed at you?
Here's a hypothetical. Let's say the grandkids are visiting, and they're talking about their personal life and things going on – and it's all being recorded on camera, which they don't realize. That crosses boundaries.
Oh, and what about sex in assisted living ? A survey of 250 residents in 15 Texas nursing homes found that 8% said they had sexual intercourse in the preceding month. In most cases, these are consenting adults of sound mind. They probably aren't setting out to make a sex video.
Staff retaliation is also a possibility after they find out that they've been spied on.
If You Must Use a Granny Cam, Know This
While state laws all vary in nuance, they have several things in common. People need to be told about the camera and provide consent. The family must pay for all related expenses. Signs and notices must be posted. In states without laws, some care homes address the issue in their contracts, stating whether or not they allow cameras.
First, let's establish that older adults are more sophisticated than we think when it comes to technology. My mom had a Facebook page at 94! There are ways to keep in contact with a loved one to assure you know what's going on. FaceTime is obviously big; voice-activated technologies allow you to communicate directly with mom or dad. Alexa can remind your parents to take their medications, help them request their favorite songs, find social activities and groups and more. Homes can create shared calendars that family members may view, and they can invest in software that allows relatives to securely text staff, request pictures and updates, or view digital records.
In short, minimizing senior isolation minimizes the chance of harm. It's only a matter of time, however good or bad, right or wrong, that these devices will include cameras.
Use Common Sense and Do the Right Thing
If you're even thinking about putting that camera in, consider it a sign that mom or dad is in the wrong place. Find another one. Paid caregivers should act as if there's always a camera on them. In other words, they should be reliably providing the best possible experience.
In an increasing litigious health care culture, sometimes it's best to step back and use common sense. Nothing replaces the tried and true methods called listening and effectively communicating.
Disclaimer and a note about your health »
A guide to COVID-19 and wellness from the health team at U.S. News & World Report.
Elaine Wyllie and Elizabeth Spurgeon Aug. 19, 2022
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A few weeks ago, we had a blog regarding COVID and how it has affected our seniors who are in assisted living and nursing home facilities. Today, I wanted to expand upon that further and discuss using a “Granny Cam.” We’ll discuss how it relates to the things we’re seeing in nursing homes as a result of COVID and the subsequent isolation it has caused.
Of course, nobody wants to go into a nursing home. But how do you take care of your loved one when you’re forced into that situation? Prior to the pandemic, you could easily go and visit your loved ones at a nursing home. I would always encourage all my clients who have family in a nursing home to visit them and visit them often.
We recommend visiting the nursing home at different times of the day, and don’t tell the staff that you’re coming. This will make it easier for you to detect if there is a problem, and also keep the staff on their toes so that they’re more likely to take good care of your loved one. But in today’s environment with COVID lockdowns, visitation has been highly restricted. You either have to call ahead and schedule a time or possibly get a window visit. If you’re lucky, you maybe can get an outdoor visit.
So how do you ensure that your loved one is receiving the proper care if you’re only able to see them through a window or a quick 15 minute visit on the back porch?
Many of you have probably heard of these “nanny cams” that parents use to keep an eye on their infants who are sleeping. Some parents also use them to ensure that their babysitters are taking proper care of their children. The newest trend involves using these devices called “Granny Cams.” This is a camera that you can place in the room of your loved ones to monitor the nursing home’s treatment of them and ensure they’re doing what they’re supposed to be doing.
From the National Center for Victims of Crime, the breakdown of types of complaints for elder abuse includes: 28% physical, 22% resident on resident abuse, 19% psychological abuse, 15% gross neglect, 8% sexual abuse, and 8% financial exploitation. So how do you protect your loved ones from these types of abuses that are prevalent in nursing home facilities?
The granny cam is certainly one way to do this. It allows you to know what’s happening behind the scenes because you monitor it from your home, phone, or work computer. Having an eye on your loved one at all times allows you to know if they are being exploited, abused, or neglected, and gives you some great comfort knowing they are safe and treated well.
So the question becomes, are these granny cams legal? Well, there aren’t any current laws here in Georgia or Florida regarding granny cams. We did find one court case that addressed granny cams and it was here in Georgia. It involved a WWII Veteran who was abused by some nursing home facility employees, and criminal charges were brought by the District Attorney in that county.
The nursing home employees objected to the use of the granny cam evidence, saying that it violated their right to privacy. Luckily, the court provided some common sense into the situation, which is often lacking in today’s world. The court said that because the Veteran had paid for that room, the Veteran had an expectation of privacy. The court also stated that the employee who was in the room had no expectation of privacy. The granny cam evidence was then used in the case and one of the nursing home employees was convicted of homicide because the Veteran died from the injuries he sustained as a result of the physical abuse.
So are granny cams legal or not? As of right now they are. Should you put one in your loved one’s room? Well before you do that, you need to consult with someone like us to give you some advice as to whether or not that would be appropriate under the circumstances. You certainly don’t want to get in hot water with law enforcement by putting a camera where you’re not allowed.
If you have loved ones who are in a nursing home or will soon be going into a nursing home, we’ll be glad to talk to you. We’ll answer any questions you have about granny cams, nursing home protection, or any other related questions you may have. Please send us an email to dearnursinghomeguy@gmail.com , complete this form , or feel free to call us at 229-226-8183 .
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Dale Davidson is here to help guide seniors, veterans, and families through complicated legal matters with a firm grasp of the law and compassion and care for you! We specialize in long-term care planning for seniors, obtaining and maintaining pension benefits for veterans, special needs trusts, estate planning to preserve assets, guardianships, wills, trusts, and medicaid benefits planning.
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Posted by PKSD Law Firm on February 2, 2022 in Nursing Home Abuse
The pandemic has put negligent nursing homes and caregivers into the limelight, and with good reason. Families, wondering how to ensure the safety of loved ones in long-term care, may look to technology for help. Surveillance cameras or other types of recording gear can help them to keep a closer watch on a loved one. But are granny cams legal to use in nursing homes?
PKSD shares important facts about granny cams in nursing homes, including what legal and privacy issues may arise.
Suspect nursing home abuse? Call PKSD for legal help today. 877-877-2228
A granny cam is a live-feed video camera. People sometimes install them to monitor the well-being of an elderly family member in long-term care. These cameras are especially useful to those who are unable to visit their loved ones every day.
The sole purpose of installing a granny cam in a nursing home is to help monitor how a loved one is doing. Is he or she being properly cared for? Did he or she suffer a fall? Are caregivers following a regular schedule of care? Family members can also monitor an elderly loved one to ensure he or she is:
Granny cams can make it harder for potential abusers, thieves and sexual predators to get away with their criminal acts. That said, if you do decide to monitor your loved one, what type of camera should you get?
There are various types of surveillance cameras that may be used for this purpose. Many are small enough to place in regular household objects, such as a clock or bookcase. The same concept can be used for a resident’s room in a nursing home.
Surveillance cameras, depending on the type and quality of the camera, may transmit live feed in color or black and white. Some cameras may record in color in brighter light and then switch to black and white in lower light situations.
Granny – or nanny cams, as they are also called – may be exposed or hidden. There are four standard types of surveillance cameras that may help you monitor your elderly loved one, including:
What you may or may not be able to use in your loved one’s nursing home room depends on various factors. For instance, whether there is an available Wi-Fi or a hardwired internet connection.
Granny cams are not legal everywhere. Currently, granny cams are only legal in the following states :
Hidden cameras in New Jersey and Wisconsin may be used, but there are restrictions:
There is no doubt that being able to monitor a loved one with a live-feed granny cam provides peace of mind. Families can ensure their loved ones are not being abused or neglected. Is your loved one being turned according to schedule to avoid bedsores? Are caregivers handling your loved one using proper techniques to prevent causing physical harm? Staying informed in this way is especially important for families of residents with mental health conditions, such as Alzheimer’s or dementia. These residents are often unable to vocalize when they have been harmed.
That said, despite knowing your loved one is safe and well cared for, there are other privacy issues that may arise. For instance:
There are some important steps and legal/privacy issues to consider before installing a granny cam in your loved one’s room:
While granny cams may help protect your loved one, they are not a substitute for being there in person. Regular in-person visits can help to keep your loved one feeling like part of the family and not forgotten.
There are a few other ways to protect your elderly loved one in a nursing home. These steps can be taken whether or not you also install a granny cam in your loved one’s room.
PKSD has decades of experience handling injury cases for elderly residents suffering from nursing home abuse or neglect. Our experienced Wisconsin nursing home abuse lawyers are committed to holding at-fault parties accountable for their negligence.
If your loved one has been injured in his or her nursing home, we are prepared to help. If we represent you, we will work tirelessly on your behalf, seeking maximum compensation for the harm your loved one suffered. There is no cost to learn about your legal options, so no risk to you. If you have a case and decide to move forward with our firm, there is also nothing for you to pay upfront or while we work on your case. We only get paid when your case resolves and you receive compensation. Call today to get started.
Millions Recovered for Our Clients. 877-877-2228
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