Privacy Law

Will Illinois become the sixth state to allow granny cams in nursing homes?

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Illinois Attorney General Lisa Madigan is backing legislation that would allow families to place recording devices in nursing homes to monitor treatment of their loved ones.

Madigan says the bill would require consent from nursing home residents being recorded as well as from their roommates, the Chicago Sun-Times, the Chicago Tribune and the Associated Press report. The legislation would allow the recordings to be used in court. Nursing homes would not be allowed to retaliate against families who install cameras. Tampering with or obstructing a camera could result in criminal charges.

“I’m not advocating for turning anyone’s private life into a reality show,” Madigan said as she announced her support for the idea Monday. Allowing cameras, she said, would “give us peace of mind in circumstances where we can’t physically go to the nursing home.”

The Tribune spoke with Kathy Swanson of the Legal Assistance Foundation’s long-term-care ombudsman program, who pointed out it can be difficult to obtain consent when a nursing home resident’s mental capacity is impaired. “In a lot of cases, nobody knows what the person who is impacted by this law wants,” Swanson said.

Nursing home cameras are already allowed in Texas, Oklahoma, New Mexico, Maryland and Washington state. In Oklahoma, nursing homes with cameras are required to notify visitors that they could be under surveillance. Notices in patient rooms are optional.

Updated at 3 p.m. to add missing word.

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