Right to Electronic Monitoring for Nursing Home Residents: Requirements for Installation; Key Benefits and Concerns

This CLE webinar will provide a comprehensive overview of authorized electronic monitoring in long-term care facilities. The panel has extensive experience defending long-term care, elder abuse, wrongful death, and liability claims, and will discuss state regulatory schemes, the tension between monitoring and privacy interests, how "granny cam" data can be used, and how to reduce conflict between the interested parties to avoid litigation.

"Granny cams," a/k/a virtual monitoring, are seen by family members as a user-friendly, affordable, proactive tool to detect and deter elder abuse and neglect in nursing homes, skilled nursing facilities (SNFs), memory care units, assisted living, group homes, or other senior or long-term living institutions. But in-room authorized electronic monitoring may infringe the privacy of workers, roommates, visitors, and patients who lack the ability to consent.

At last count, 19 states specifically authorize or regulate electronic monitoring in some categories of senior living or other long-term care facilities. States that are silent on the issue of authorized electronic monitoring usually evaluate it under their wiretapping and consent laws. More states, like Illinois, are extending rights to authorized electronic monitoring to more types of residential settings.

Although each state's statutes and regulations take a slightly different approach, counsel should understand certain key issues: Who is affected? What types of devices can be used? Are there any restrictions on the use of monitoring devices? Who can request monitoring? Who pays for it? What are the duties of the facilities? Is notice required, and if so, what kind? Are there penalties for noncompliance? Who owns the information in the device? How can the information be used?

Listen as our esteemed panel discusses the right to electronic monitoring in long-term care facilities and shared housing establishments.