When you cannot see your loved one’s daily care, a camera can provide reassurance. Minnesota law allows a nursing home resident or an authorized representative to place a camera or recording device in the room. Before recording, follow consent, notice and privacy rules.
Who needs to consent to monitoring?
The resident generally must give written consent on a Minnesota Department of Health form. If a health care provider finds that your loved one cannot understand the decision, an authorized representative can consent. However, the representative still needs to ask your loved one and honor any objection.
If your loved one shares a room, the roommate’s written consent is also required. Either resident may limit recording during personal care or private visits, or withdraw consent. If the roommate refuses, the nursing home must make a reasonable effort to move the resident to another shared room, but is not required to provide a private room.
What happens before recording begins?
You usually need to give the forms to the nursing home before recording. However, you may delay notice for up to 14 days if you send the forms to the Office of Ombudsman for Long-Term Care and reasonably fear retaliation, received no timely response to a written concern or already reported the concern to adult protection officials or police. If footage obtained under the retaliation exception suggests abuse or neglect, report it promptly.
You pay for the device, setup, upkeep, removal and internet service, and the equipment and installation must meet UL safety standards. The nursing home must post the required notice at its entrances.
Who may view or share the footage?
Only someone with written consent from the resident or representative can view or listen to a recording. Footage generally may be shared only to address a resident’s health, safety or welfare. Posting it publicly could create legal concerns. The nursing home may not punish or treat the resident unfairly because of monitoring that follows the law.
Use the camera as one source of information
A camera captures only part of your loved one’s daily experience. Compare any footage with changes in behavior, physical injuries, staff explanations and care records. Looking at the full picture can help you recognize concerns that a recording alone may not reveal. Call 911 if your loved one faces immediate danger.