Last month, Illinois enacted Public Act 099-0430, “Authorized Electronic Monitoring in Long-Term Care Facilities,” which allows electronic monitoring devices to be used in nursing home resident rooms. The devices, rather than being the controversial “hidden cameras,” must be put in a conspicuous location in the resident’s room, and a sign must be posted at the resident’s room entrance that states that the room is electronically monitored. Additionally, all building entrances must have a sign for visitors notifying them that electronic monitoring may be used. Signage includes specific language and the facility is responsible for posting the signs appropriately.
For electronic monitoring authorization, a resident/representative must sign a consent form as well as the roommate. Facilities must offer to move either resident in the room if they both do not agree to the monitoring being in place and make a reasonable effort to move the residents if there are available rooms. The resident or roommate can request that the camera be turned off or the visual component blocked at any time, including during care provision, bathing, etc.
Read the Act on the Illinois General Assembly website for full details on the regulation.