Electronic Monitoring Needed to Prevent Abuse in Nursing Homes

by Kathleen McCarty

The intent of this bill (House Bill 5208, AN ACT DETERRING ABUSE IN NURSING HOMES) is to offer an additional layer of protection to nonverbal patients in nursing homes from abuse and neglect by allowing electronic monitoring of their care through the installation of video cameras in their private rooms.

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The intent of the bill is not to require the nursing home to install an electronic monitoring device, rather provide the option to the family member or legal guardian at their expense if a close family member of the nonverbal resident would need to make the request for the use of the electronic monitoring to the nursing home administrator. If a room at the nursing home is shared with another resident then written consent from the roommate would also be necessary before installation of the video camera.

A notice that the resident intended to use video monitoring in his or her room would be provided to the nursing home. Likewise, the nursing home would be required to post a notice that video monitoring was taking place in certain areas of the facility.  The nursing home resident’s family member requesting the equipment would be responsible for purchasing and monitoring the electronic monitoring since this would be an individual choice.

It should be noted that Texas and New Mexico have enacted statutes explicitly authorizing nursing home residents the right to install electronic monitoring.

“If there had been a video camera in her room it may have prevented the abuse or neglect.”

The intent of this bill again is to provide nursing home residents with security and safety from abuse. From the statement of purpose the goals are as follows: 'To allow nursing home residents or their representatives to install electronic monitoring devices in their rooms, provided any roommates agree in writing to the use of such devices and liability for any breach of privacy related to the resident's use of such device is waived for nursing homes.'

My mother endured severe physical abuse at a nursing home in Connecticut. I was not notified of the abuse when it occurred, nor was it ever determined how the abuse took place.

I visited my mother frequently and the nursing home had all of my contact information. To repeat, I was never notified of the abuse.

My mother was nonverbal at the time so she was unable to convey to me what had happened to her when I discovered her injuries. It was never determined how the abuse occurred. If there had been a video camera in her room it may have prevented the abuse or neglect but at least the incident would have been recorded so there would exist knowledge of the incident.

This proposal (HB 5208) has the potential of offering greater security and safety to nonverbal nursing home residents.

Kathleen McCarty represents the 38th Assembly District (Waterford, Montville) in the Connecticut General Assembly. This testimony was provided to the legislature’s Aging Committee last month.