Effective January 1, families with a parent or loved one living in a nursing home can now install monitoring devices in their rooms. But, there are quite a few rules and guidelines that must be followed in order to do so.
On May 31, 2018 Louisiana Governor John Bel Edwards signed into law the Nursing Home Virtual Visitation Act, House Bill No. 281, also known as the “granny cam law”.
Provisions and protections provided by the new law are:
A resident who has the capacity to consent may authorize the installation and use of a monitoring device in a nursing home if all of the following conditions are met:
The resident or his legal representative gives notice of the installation to the nursing home.
If the monitoring device records activity visually, the recordings made by the device include a record of the date and time.
The resident pays for the monitoring device and all installation, operation, maintenance, and removal costs associated with the device.
Each resident occupying the same room who has the capacity to consent gives written consent for the installation of the monitoring device.
At the time of admission to a nursing home, the nursing home shall give notice of the right to have a monitoring device installed in his room.
The resident or his roommate may exercise the right to install or remove a monitoring device at any time during their residence.
If a resident is residing in a shared room and the roommate refuses to consent to the use of the monitoring device, the nursing home shall make a reasonable attempt to accommodate the resident who wishes to have the monitoring device installed.
If a resident chooses to reside in a private room in order to accommodate the use of an electronic monitoring device, the resident shall pay the private room rate.
After authorization, consent, and notice, a resident or his legal representative may install, operate, and maintain, at the expense of the resident, a monitoring device in the room of the resident.
The nursing home shall cooperate to accommodate the installation of the monitoring device unless doing so would place an undue burden on the nursing home.
The monitoring device shall be in a fixed, stationary position and shall monitor only the resident who consents either personally or through his legal representative to be monitored.
A resident or his legal representative may reverse a choice to have or not have a monitoring device installed and used at any time
No nursing home shall deny a person or resident admission to or discharge from a nursing home, or otherwise discriminate or retaliate against a person or resident, because the person or resident chooses to authorize the installation and use of a monitoring device.
A sign stating “This room is electronically monitored” shall be clearly posted at the entrance of a resident’s room where authorized electronic monitoring is being conducted.