Facilities are not allowed to refuse admittance of an individual and shall not remove a resident because of authorized electronic monitoring. The resident or their representative may (and should) post a notice on the resident’s door stating that the room is being monitored. Before installing a monitoring device, a consent form as prescribed by the state Department of Health must be completed and delivered to the facility. Shared rooms require additional consents.

Sen. James Leewright of Bristow, who filed the legislation, said that he did so “because of a constituent who was threatened with eviction from their long-term care facility if the family didn’t remove the video equipment they’d installed to monitor the care of their loved one.”

Monitoring Grandma

Cameras can easily be obtained online for as little as $50 each, and are easily installed and programmed. The camera is connected to the internet so designated representatives or family can view the resident’s room in real time at any time. Audio is available as well as notifications of movement.

I am an advocate of cameras for the protection of the elderly and peace of mind for their family. My mother installed cameras in parts of her home several years ago. My siblings and I can make sure she is upright, eating adequately and healthy without disturbing her independence. She feels more comfortable knowing that we check on her regularly.

This legislation would have been particularly helpful during the COVID-19 lockdown. Many families who found themselves shut out of facilities would have been comforted tremendously with the ability to see that their loved one are doing OK.

Today, we all have the right to protect vulnerable loved ones with cameras in Oklahoma because of this new legislation. But what are the practical and legal implications for residents, caregivers and assisted living facilities?

The new law significantly impacts some families’ estate planning, given that families and attorneys will now be able to include language in the living will or in the health care power of attorney regarding electronic monitoring of a family member.

But what does this bill mean for owners and operators of long-term care facilities? Caregivers and assisted living facilities may raise privacy concerns. Consider the fact that some residents have roommates. There would also be privacy concerns if family members were listening in on meetings with professional advisers or just visiting with friends.

Unlike a private home, some assisted living rooms are relatively small, so there would be very little room for privacy. Furthermore, some residents may not want to feel monitored at certain times in the day, such as bathing. The footage, which is property of the resident’s family, can be used as evidence of abuse in court, for example.

If you are considering the installation of a surveillance camera in your loved one’s nursing home room, either for peace of mind or the ability to see your relative in the event of another lockdown, please contact your attorney for guidance.