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Florida lawmakers could open door for 'granny cams' in nursing homes

Camera hidden between hangers in wardrobe closet
Liudmila Chernetska
/
iStockphoto
A House staff analysis said 19 states have laws authorizing the use of electronic monitoring devices in nursing home rooms, and 17 have such laws for assisted living facilities.

A House panel advances a proposal that would place monitoring devices in the rooms of residents, with caveats. Debate centers around security and protection vs. privacy and dignity.

Amid debate about issues such as privacy and protecting vulnerable seniors, a House panel Thursday approved a proposal that would require nursing homes and assisted living facilities to allow video cameras and other electronic monitoring devices in residents’ rooms.

Some nursing homes and assisted living facilities already allow family members and other representatives of residents to install what are often known as “granny cams” in rooms.

But supporters said the bill (HB 223), sponsored by Rep. Susan Plasencia, R-Orlando, would help protect seniors, including people with conditions such as Alzheimer’s disease.

“This is a bill protecting the most vulnerable, some of the most vulnerable in our society,” Rep. Chase Tramont, R-Port Orange, said before the House Health Care Facilities & Systems Subcommittee approved the measure.

The bill, however, drew opposition from groups made up of nursing homes and assisted living facilities. Jen Lawrence, who represented the Florida Health Care Association, a nursing home industry group, said residents hold personal conversations in their rooms and receive help with issues such as changing clothes and incontinence care.

“It is the dignity and the privacy,” Lawrence, chief nursing officer of Aston Health, told lawmakers. “These are patients’ bedrooms.”

The bill would require allowing video cameras or audio recording devices in rooms, but it includes caveats. For example, lawmakers raised a series of questions Thursday about situations where nursing home residents share rooms.

Under the bill, if a resident wanted to install a monitoring device, the resident’s roommate or the roommate’s representative would have to agree and would be able to revoke the consent. Also, the roommate would be able to place conditions on the use of the devices.

To try to bolster privacy, the bill would restrict people who could view or listen to video or audio from rooms. Those people would be the residents; their representatives, such as guardians or health care surrogates; law enforcement officers; and other people authorized by residents or their representatives.

The bill would bar making video or audio available on the internet.

A House staff analysis said 19 states have laws authorizing the use of electronic monitoring devices in nursing home rooms, and 17 have such laws for assisted living facilities.

Supporters said Thursday the devices can help protect residents from abuse and other harm.

“If you look at the news lately, you’ll see and you’ll find where there’s a lot of issues happening that people catch on cameras that otherwise they would not. And there are horrific scenes happening to people who are elderly, who can’t take care of themselves and who, even if they could say what happened, people wouldn’t believe it because maybe they have dementia or Alzheimer’s, something that would cause someone to not believe what they’re saying,” Plasencia said. “And so, for me, it’s important to speak for them.”

Bijou Ikli, chief executive officer of the Florida Assisted Living Association, said many of her group’s members already have policies to allow monitoring devices. But other facilities don’t allow the devices because of concerns about issues such as who would receive video footage and what would be done with it.

“We believe that allowing these devices should be up to the assisted living facility,” Ikli said. “Let the market decide. Prospective residents should be informed of assisted living facilities’ position on electronic monitoring devices so that they can decide which facility best fits their needs. And if they want to live in an ALF that allows cameras in resident rooms, they can choose to do so. And if it’s not a concern for them, then they can also choose to be in a facility that does not allow cameras.”

The bill is filed for the legislative session that will start March 4.

Sen. Ileana Garcia, R-Miami, has filed the Senate version of the bill (SB 64).

Jim Saunders is the Executive Editor of The News Service Of Florida.