The Illinois Attorney General's Office recently proposed a new law that would allow camera and audio recordings in the private rooms of nursing home residents. The resident would need to consent to the cameras and they or their family would cover all costs. Nursing home negligence lawyers at Pintas & Mullins applaud this effort by the attorney general, and hope this new piece of legislation is passed.
This law is in response to the thousands of complaints from nursing home residents and their families who are concerned about resident health and safety. Current Illinois law does not allow recording devices to be used in resident rooms, however many elder care advocates argue that cameras can be exceedingly helpful in deterring or preventing abuse and neglect in nursing homes.
In cases where abuse or neglect is confirmed, the recordings could be used in court to hold abusers responsible. This would be particularly useful in situations where injured residents suffer from dementia or other health problems that render them unable to adequately convey what happened to them. The proposal will allow recordings to be used in court, including harsh penalties for anyone caught tampering with the devices.
The main issue causing hesitation among nursing home advocates relates to privacy and whether or not the cameras will breach privacy rights. This needs to be addressed in the legislation, which is now being drafted. Since the cameras will only be installed with the explicit consent of the resident, it seems logical that privacy issues will be few and far between.
Nearly 20,000 complaints against nursing homes are filed every year with the Illinois Department of Public Health (and they can now be filed online - more information here). Complaints ranges from minor, such as inadequate meal planning, to devastating, like the series of assaults, rapes, and abuse in nursing homes.
In 2009, the Illinois Senate held a hearing in which the outrage over the safety and conditions at nursing homes was finally expressed. In response to the uproar, one of Governor Quinn's top advisors outlined steps the state would take to end the cycle of abuse and neglect. Among those steps included efforts to end placing mentally ill adults into nursing homes, many of whom have felony records of victimizing their elderly cohabitants.
Illinois state senators called for a full-scale overhaul of how nursing homes are inspected and monitored, including developing a better screening system for helping mentally ill adults coming from jails, shelters, and psychiatric wards. For families concerned with security and safety of their loved ones, cameras could be an invaluable source of comfort.
More than 100,000 Illinois residents live in nursing homes - a number that is expected to increase steadily as the baby boomers age. Unfortunately, the nursing homes not only in Illinois but throughout the country are not meeting basic standards of health and safety. A recent federal report stated that one in four nursing homes are so substandard that they pose a threat to resident's wellbeing.
Five states have similar laws allowing cameras in nursing homes: Maryland, New Mexico, Oklahoma, Texas, and Washington, with additional efforts in Michigan. The legislation in Maryland was the first of its kind to pass, and was driven by the testimony of a state Delegate whose mother was abused in a nursing home. Susan Hecht's mother, who suffers from dementia, repeatedly told loved ones that she was afraid to be in the facility and that she was not receiving good care. Her cognitive problems rendered her unable to remember the names or specific identity of her abusers.