John Durso

(The following is the Part 2 answer for this popular question.) 

What can we do to improve our situation with regard to so-called “granny cams” in residents’ rooms? 

As I mentioned last month, if the law allows, you could create a policy that grants you the right to have access to and review any recordings. And if the recordings reveal that someone has violated a resident’s rights, you should have a policy in your employee handbook or guidelines for volunteers that allows you to discipline the offender. Depending on the actions of the violator, you may even have a duty to report what transpired to the police or other government agency, such as the agency licensing the facility or the agency licensing the employee. 

You also should notify the family and resident that if the recordings show a family member or visitor neglects, abuses or steals from the resident, you will report those actions to the police.

You should have the resident and family members who have requested the camera enter into an agreement setting forth all restrictions or policy that apply to the use of the camera. You should reserve under that agreement the right to advise employees and volunteers that the granny cam is in the room. The agreement must not violate the new law and should be drafted by the lawyer who advised you about the requirements and obligations you have under the new law. That lawyer should also review your policies and procedures to make sure they do not violate the new law.

You should get legal advice as to how you are going to enforce the agreement and all policies and procedures impacting the use of the recordings. This new law has a significant impact on how you comply to protect the residents and how you protect your rights.