LTC Facilities Monitoring in Illinois
I was interested to learn about a new law in Illinois that allows for electronic monitoring in long term care facilities in certain cases. Protecting Our Own: The Practical Implications of Illinois’s Authorized Electronic Monitoring in Long-Term Care Facilities notes that this new law goes into effect at the beginning of 2016 and “permits nursing home residents in facilities that are licensed under certain state legislation such as the ID/DD Community Care Act or Nursing Home Care Act to use audio or video surveillance in their room at their own expense.” There are criminal penalties if anyone interferes with the monitoring devices and there is some money available for those facilities unable to afford the devices.
Illinois joins 4 other states (New Mexico, Oklahoma, Texas and Washington) with electronic monitoring laws. There are other states that have guidelines for those LTC facilities who want to allow monitoring based on a desire of a resident. The article discusses the pros and cons of monitoring and offers concerns regarding quality of care.
In terms of quality of care, having cameras in the rooms may also affect the important relationships developed between facility caregivers and their residents. The staff may choose to rely on the cameras to monitor residents rather than engaging in direct communication, potentially leading to mistrust and even a greater substandard of care that such legislation was meant to combat in the first place. Residents may never truly feel comfortable without the bond usually fostered between the two parties, contributing to a negative experience.
The Illinois statute is available here. One section of the statute addresses consent to monitoring. Written consent by the resident (or the resident’s guardian) is required on a specific form from the state agency. If the resident’s doctor determines the resident lacks the capacity to consent, the statute provides a priority list of individuals who may provide consent. Among other things, the statute addresses monitoring when the resident has a roommate. The statute also provides for conditions to be set on monitoring. The “standard” conditions set out in the statute include no audio recording, no transmission of either video or audio, powering off the devices or blocking taping when a health care professional is caring for the resident or roommate or during bathing and dressing or during visits by certain folks such as attorney, financial planner, and ombudsman. Other restrictions beyond the statutory ones can be imposed. The statute addresses other matters, such as notice, reporting and more. Read the Illinois statute here.