Installing 'granny cams' in Long Island nursing homes. What does the law say?

Can Long Island families with loved ones in nursing homes install so-called "granny cams" inside their rooms to ensure they're free from negligence and abuse?

That’s the question many are asking after a Newsday story this week documented allegations of physical and sexual abuse, medical errors and neglect at nursing homes across the region, which racked up more than $511,000 in fines from state and federal regulators last year.

Despite the increasing use of personal recording devices in virtually every aspect of modern life, the laws surrounding the use of hidden cameras inside elder care facilities remain unclear.

Here’s a closer look at the devices and the rules surrounding them:

What are granny cams?

Think "nanny cams," but for nursing homes. These are small surveillance cameras installed, often by family members, in the rooms of nursing home residents, typically when there's concern about abuse or neglect.

Currently, 17 states have passed laws or guidelines permitting, under certain circumstances, the monitoring of seniors’ caregivers. They include Arizona, Connecticut, Illinois, Kansas, Louisiana, Maryland, Minnesota, Missouri, New Jersey, New Mexico, Ohio, Oklahoma, Rhode Island, Texas, Utah, Washington and Wisconsin. Florida and Pennsylvania are also considering legislation.

There is no federal law regulating granny cams.

Many nursing homes, experts said, already have surveillance in common areas, such as dining rooms and hallways.

What is the law in New York on granny cams?

There are no state laws either explicitly allowing or prohibiting the use of personal surveillance cameras in nursing homes, placing the issue in a legal gray area.

Frank DiScipio, an attorney at Duffy & Duffy in Uniondale, said New York is a single-party consent state, meaning that it's legal to record audio conversations if you have permission from one of the parties involved in the dialogue — in this case the resident being recorded. Whether the law applies to private video recordings inside a nursing home, he said, is an open question.

"The care and treatment in nursing homes has been on a downward trajectory ever since COVID," DiScipio said. "In the event there was some mistreatment of my grandmother, what better evidence do I have, other than a granny cam?"

In a statement, the State Health Department said "residents have the right to privacy and confidentiality in all aspects of care and services, including their personal space and accommodations. Any use of monitoring devices must be consistent with those rights and applicable laws.”

Are laws under consideration regulating the use of surveillance cameras in nursing homes in New York?

Multiple bills are under consideration that would clarify the issue.

For example, State Sen. Mario Mattera (R-Smithtown) has sponsored a bill in each legislative session dating to 2017 allowing a patient or their family to have an electronic monitoring device installed in their room at their own expense.

Meanwhile, State Sen. Jessica Scarcella-Spanton (D-Staten Island) has a bill that would allow cameras in facilities if they only capture a resident’s personal space, including the area around their bed, furniture and personal belongings. A roommate's personal space or shared areas like bathrooms would be prohibited. Written consent from the roommate would be required and signage must be posted informing people entering the room of the recording.

Can nursing homes prohibit the use of granny cams in their facilities?

Many nursing homes set their own policies on surveillance cameras, DiScipio said, with some requiring residents sign an agreement when they move in prohibiting the use of granny cams.

Stephen Hanse, president and chief executive of the NYS Health Facilities Association, a trade group for the nursing home industry, said private surveillance has the potential to infringe on both resident and staff privacy.

"Many residents require assistance with personal care, including dressing and hygiene, and constant surveillance may make them feel uncomfortable and exposed despite exclusion of shared bathrooms and toilet areas," Hanse said. "Even with consent provisions, the presence of cameras could create an environment that undermines personal dignity and autonomy."

While DiScipio would encourage residents to only seek permission of a roommate before installing a camera, John Dalli, a Mineola attorney who handles nursing home abuse and negligence cases, recommends also informing the facility.

"Most residents in nursing homes are in double rooms," Dalli said. "So, if there's another resident in that room, the camera could pick up conversations about treatment or care, which could potentially violate somebody's HIPAA rights" regulating the disclosure of private patient medical information.

Do nursing home resident advocates support the use of granny cams?

While a nursing home is the resident’s permanent home, it's also a congregate setting. Ensuring that surveillance doesn't violate the right to privacy of roommates or visitors is critical, said Richard Mollot, executive director of the Long Term Care Community Coalition, an advocacy group for nursing home residents.

"Hidden cameras should be used carefully; respectful of the individual and their dignity and privacy," Mollot said. "This includes individuals with dementia. So, we recommend that residents and families who want to do this are careful about how the camera is set up, so that it does not capture other residents or their guests on the video, and that they do not use audio due to the high likelihood of audio picking up the voices of other residents and guests."

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.