Skip Navigation LinksIICCRM090718_photo

​Many facilities use surveillance cameras as a means to monitor their grounds, help prevent residents from wandering, and ensure resident safety within their personal space, according to an article published in Annals of Long-Term Care on August 13, 2018. However, obtaining consent from residents and developing procedures for monitoring and retaining recordings raise many questions for risk managers who are tasked with maintaining compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Joint Commission standards, and Centers for Medicare and Medicaid Services (CMS) regulations, as well as other federal, state, and local laws. If found in violation, long-term care organizations could be subject to lawsuits, negative media attention, and regulatory consequences. The article suggests a range of strategies such as posting signs in public spaces about security surveillance, obtaining resident or his or her representative's consent for electronic monitoring (including roommate if applicable), considering bolstering routine nurse rounds and checks of resident personal space versus continuous electronic recording, and establishing organizational policies for the retention and disposal of any and all recordings. The article also reviews the use of “granny cams" in resident rooms—a method of video surveillance used by residents' families or by facilities as means to detect and thwart abuse and neglect, and have also served as evidence by plaintiffs in lawsuits against facilities for resident abuse and neglect. Hidden cameras can also result in a distrust of staff, a misinterpretation of actions, or affect a resident's dignity or privacy. The author of the article—Victor Rose, Director of Patient Safety, Risk, and Quality Aging Services at ECRI Institute—emphasizes the importance of establishing clear policies that detail where and when cameras are used, how surveillance is handled, and actions that will be taken in the event of discovering hidden cameras. Such policies should be discussed with residents and their families and/or representatives to ensure understanding, to obtain consent, and secure compliance with relevant laws, regulations, and standards. Facilities should also do their due diligence in conducting appropriate background checks for all employees and remind residents of the rigorous hiring process that would ensure their safety, as well as offer initial and ongoing training and education on privacy laws, organization policy, and quality care. 

Topics and Metadata

Topics

Aging Services; Health Information Privacy; Security/Safety; Quality Assurance/Risk Management; Laws, Regulations, Standards

Caresetting

Skilled-nursing Facility; Assisted-living Facility; Independent Living Facility

Clinical Specialty

 

Roles

Healthcare Executive; Nurse; Risk Manager; Legal Affairs; Security Personnel

Information Type

News

Phase of Diffusion

 

Technology Class

 

Clinical Category

 

UMDNS

SourceBase Supplier

Product Catalog

MeSH

ICD 9/ICD 10

FDA SPN

SNOMED

HCPCS

Disease/Condition

 

Publication History

​Published September 7, 2018

Who Should Read This

​Administration, Director of residential services, Facilities/building management, HIPAA privacy officer, HIPAA security officer, Legal counsel, Resident safety officer, Risk manager, Security, Staff education