By Loree Cook-Daniels

“In conclusion, the likely deterrent effect on resident abuse and neglect, together with the benefits to management, residents and their families and friends, suggest that the voluntary use of cameras in nursing homes and resident rooms – similar to what is allowed under the new Texas law – would work well in Florida. Legislation should allow Floridians to make this choice.”

So ends a January 2002 report, “Cameras in Nursing Homes,” prepared at the behest of the Florida Legislature by the Agency for Health Care Administration and Office of the Attorney General.

Although the 20-page document focuses specifically on Florida law, case precedents, and experience, the analysis and appendices would be useful to any jurisdiction debating the use of video cameras in nursing homes. The report reviews current use of video cameras across the country, initiatives in other states, a brief overview of quality of care issues, and a lengthy review of legal issues related to privacy rights of residents, roommates, employees, visitors, and the nursing home itself. There is also discussion of attorney-client issues, civil liability, wire-tapping concerns, and evidentiary issues. In the economic impact section, camera costs, staff turnover, and liability insurance issues are reviewed (an appendix includes two letters from insurers vehemently opposing the installation of video cameras).

A large section of the report gives brief thumbnails of testimony given by residents, advocates, nursing home administrators, and others at a public forum on the issue held October 25, 2001 at the Stetson University Law School. One of the most intriguing witnesses was Cindy O’Steen, the owner and administrator of a 36-bed facility, who voluntarily installed cameras in her facility’s common areas. She reported that the cam-eras have been so positive that she could think of no negatives associated with them. Their use had allowed her to terminate workers who were not performing satisfactorily, better train workers in techniques such as repositioning residents, and enjoy drops in the facility’s premiums for both liability insurance and workers’ compensation insurance. The report on a site visit to this facility expands on her testimony, noting that because the cameras are connected to the Internet, the owner/ manager can monitor the facility from home, and residents’ families can observe and listen to the common areas of the facility at any time. Staff reportedly like the cameras because they help ensure no one slacks their work off on co-workers.

The website where the report is available for downloading (www.fdhc.state.fl.us/cinh/) also includes copies of Texas documents, including legislation permitting the installation of cameras, proposed legislative rules, and sample consent forms.