What Does This Camera Bill Mean for You?

September 30, 2020September 20, 2021 Cameras in Nursing Homes

The Camera Bill, or the Authorized Electronic Monitoring in Long-Term Care Facilities Act, affects electronic monitoring of resident rooms.

What’s Authorized Electronic Monitoring?

Authorized electronic monitoring refers to any device used to monitor what is happening inside a resident room. These devices may record audio, visuals, or both. Allowing electronic monitoring inside resident rooms allows those living outside the facility to check on their loved ones and ensure that they are being cared for adequately.

About the Law

The law was passed by the Missouri legislature in July 2020 and went into effect as law in August 2020. As of September 3, residents may install electronic monitoring devices in their rooms. 

In summary, the Authorized Electronic Monitoring in Long-Term Care Facilities Act permits Skilled Nursing, Assisted Living, and Residential Care residents to install cameras in their rooms. This allows someone outside the facility – a family member, friend, guardian, or other designated person – to better understand the care their loved one is receiving in a facility. The “camera bill” was signed into law in Missouri on August 28, 2020. 

The Rules

There are many rules involving the use of personal electronic monitoring devices inside long-term care facilities. These rules are in place to protect the other people living in the facility, staff, visitors, and the resident themselves. This summary of the electronic monitoring rules gives details on where to place cameras, who pays for the devices, and how roommate privacy is protected. 

One of the most important rules for utilizing electronic monitoring is roommate consent. A resident MUST gain the consent of all roommates before installing and operating a camera! Equally as important – a roommate can take back their consent at any time. Of course, the facility should provide every reasonable option to allow the resident to place a camera in their room, such as moving rooms. Residents interested in installing a camera should fill out the Electronic Monitoring Device Acknowledgement and Consent Form.

While there are many rules about the use of cameras, there are sure to be some specific questions that are not covered – please reach out to your ombudsman if you need more information!

Resources

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Webinar For Professionals

Authorized Electronic Monitoring for LTC Facilities with Nicole Lynch, MSW and Missouri State Representative Jim Murphy – Presented on August 18, 2020

Webinar For Families

Community Crash Course: Cameras for Nursing Homes with Chien Hung and Nicole Lynch – Presented on September 8 and September 14, 2020

Additional Resources

• National Long-Term Care Ombudsman Resource Center Notes – NORC provides updates and resources on surveillance systems in long-term care communities.
• Missouri House Bill 1387 – This is the Authorized Electronic Monitoring in Long-Term Care Facilities Act, also known as the camera bill.
• VOYCE Article: Important New Rules for the Use of Authorized Electronic Monitoring in Resident Rooms – This blog post details some of the more important rules that families should know about the new bill.
• Electronic Monitoring Device Acknowledgement and Consent Form – This is the consent form that will need to be completed before a device can be placed in the resident’s room.
• Guidance for LTC Facilities Regarding Electronic Monitoring Device Placement During COVID – This is guidance from the Department of Health and Senior Services for facilities regarding this new law.