Hidden camera in nursing home

[CMSC]

What is the name of your state? Nebraska


I'm not sure if I'm in the right forum but need to know what the legalities are of putting in a hidden camera in my mother's room at the nursing home. I suspect neglect as she's been in and out of the hospital the past few months for dehydration and UTI's. The nursing home is supposed to be documenting her intake/output but my family and I believe they are not being truthful on their charting.
My mother has never been declared incompetant but my brother does have durable power of attorney to make her medical and financial decisions, not sure if that is relevant or not. My mom is not in the position to consent to anything as she's constantly in and out of conscienceness.

Thank you.

 

[quincy]

Nebraska patterns its laws, on electronic communications and privacy and video voyeurism, on federal laws.

It is illegal to intentionally intercept any oral communication (with some exceptions) both under the Electronic Communications Privacy Act and under Nebraska's Rev.Stat. 86-290. To record without permission can lead to federal fines up to $250,000 and up to 5 years in jail and civil damages, attorney fees and punitive damages. To disclose illegally obtained communications is illegal, as well.

Under the Video Voyeurism Prevention Act and Nebraska's Rev.Stat. 28-311.08, video recording is prohibited without the consent of those being videotaped, if those being videotaped have a reasonable expectation of privacy. Violators can face a fine and up to one year in jail. The ECPA does not cover silent video taping, however, and, if your mother is conscious and able to give consent, you could potentially videotape in her room at the nursing home, as long as there is no audio recording. Perhaps your brother could even give consent for her. I would definitely check this out with a Nebraskan lawyer first, though, to make sure it does not violate in any way privacy laws in Nebraska.

There have been numerous reports over the years of nursing home abuses, and there have been Congressional investigations into this abuse. Many nursing homes have been closed as a result of these investigations. Nursing homes are often understaffed, and sometimes staffed with unqualified or under-qualified caregivers.

In the meantime, I suggest you visit your mother often, and at irregular times, both day and night. Document any problems you encounter wth the care your mother is receiving or with the caregivers. You can always report abuse, or your suspicion of it, to the state.

I share your concern.

 

[CMSC]

Thanks Quincy, unfortunately the only way to prove neglect is by getting it on tape. I've reported 2 times to the state, they call the nursing home tell them they have to come investigate and then everything is perfect when they come up. The state agreed there is no reason for her to constantly have UTI's (she has them monthly) but refuses to do anything.

 

[quincy]

If the state announces its visits to the nursing home then, yes, probably everything will look fine when they visit. That is why I recommend off-hour and irregular visits, to view the quality of care when the staff is unprepared for visitors.

I strongly suggest that you contact an area lawyer and review with him/her the possibility of having a secret and silent video recording of activities in your mother's room. It may be legal in your situation, but you would need to find that out for sure. From my brief research, it does not appear to violate any of the laws on eavesdropping or video voyeurism in Nebraska, but my research was, as I said, brief. The videotaping should be confined to your mother's living area, certainly, to avoid invading the privacy of other residents at the home. Definitely no audio. And ask the lawyer if your brother can give consent to the recording for your mother.

Good luck.

 

[shawnap]

Nursing Home Abuse

I would have to say this is one of the best trends I have read. Quincy you did a great and professional service to this person. Keep up the good work.

True but sad there is a lot of abuse in our nursing homes and I for one would never send my parents to one.

Good luck to you and your mother.

 

[Zigner]

Just a thought...how much of an "expectation of privacy" would the employee have?


Farwell!!

 

[quincy]

Thanks, Shawnap!

Zigner - It appears that Nebraska has an invasion of privacy statute that covers only the invasion of privacy for commercial purposes or to publish private information - for instance, it is illegal to appropriate someone's name or likeness for a commercial purpose unless given permission, or to publish private matters which violate ordinary decencies.

Intrusion into a person's physical solitude, which is an invasion of privacy tort in most states, is probably covered by trespass laws in Nebraska, and putting someone in a false position in the public eye (another privacy tort) is probably covered under Nebraska defamation laws.

I do not believe, although I could be wrong, that the videotaping in the nursing home room of CMSC's mother would be a privacy violation, as it does not fall under their privacy statute. There will be no publication of private matters or any commercial use of the video. It does not seem to violate trespass laws if the mother agrees to the videotape, and it would not be defamatory (even if the employees do something "wrong", it would be a truthful depiction on the video).

Michigan has had some problems in the past with nursing home employees neglecting and abusing the home residents, and I know it has been a problem nationwide, as well. Better state licensing and control over the homes were recommended but, in Michigan at least, inspections still tend to be sporadic at best.

I hope CMSC sought the advice of a lawyer in Nebraska to verify the legality of taping, and that there has been a happy result with his mom and her care.