A new bill looking to improve resident safety would allow for camera monitoring in nursing homes. Current Illinois law does not allow for camera monitoring in the rooms of Illinois’ nursing homes, despite countless instances of nursing home neglect and abuse.
This news came shortly before a 98-year-old woman died and 5 other residents became inexplicably sick in the same wing at the Holland Home long-term nursing home facility in the South Holland suburbs of Chicago. Federal and state officials have descended upon the facility to investigate possible nursing home neglect, abuse, fraud, and intentional misconduct by the facility.
The Legislation
The Office of Attorney General Lisa Madigan, along with Representative Greg Harris of Chicago, introduced a bill to the legislature that will allow for cameras to be installed in the rooms of nursing homes or long-term health care facilities. To accommodate for privacy concerns, the nursing home resident would have to give consent for the camera to be installed and operated in their room. Furthermore, the nursing home resident who consents to the camera is responsible for paying for it. So that low-income residents are not left without an opportunity to have cameras if they want one, the bill also creates a $50,000 fund to pay for camera monitoring systems for those who cannot afford to pay for their own.
As is the case with many nursing home residents, the ability to give consent can be a problem. The bill allows for the legal guardian or family members responsible for the nursing home resident to give consent to the camera system if the individual him/herself is not mentally fit to do so. Such a determination of mental capacity regarding providing consent would have to be given by a doctor. Also, in rooms where there is more than one resident (or roommate), all individuals in the room have to provide consent. Again, this is critical in making sure that no one is being filmed without their knowledge.
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The benefits of having camera monitoring systems in nursing homes is hard to ignore, despite the privacy concerns. In 2008 3.2 million elderly Americans lived in nursing homes, and 70 percent of them were considered low-income residents, as they had to use Medicaid to pay for it. The increasing number of Americans in nursing homes, long-term care facilities, or elder care facilities means more family members are at risk of being abused. Nearly 1 in 3 nursing homes were cited for federal violations related to actual harm to a resident. One in 10 nursing homes had violations that caused serious injury, harm, or risk of death to residents.
While it is hard to calculate the number of residents actually abused every year, the existing numbers are disturbing. Forty-four percent of nursing home residents have said they have been abused and 95 percent have said they have been neglected. Even worse, more than 50 percent of nursing home staff members have admitted to abusing patients. This includes physical violence, mental abuse, and neglect. Elder care advocacy groups have found that women are abused at higher rates than men, and older residents are more likely to be abused than younger ones. The numbers are even higher in those with disabilities. The Illinois Department of Public Health receives 19,000 calls every year that allege nursing home neglect or abuse. Only 5,000 of them end up being investigated.
Allowing camera monitoring systems is one small step in improving nursing home and long-term care facilities’ treatment of their residents. With camera monitoring, family members will have access to visual evidence in the case of nursing home neglect and abuse. Such information can be invaluable, especially in cases where the resident is unable to move or communicate well.
Protect Your Loved Ones
If you or someone you loved has been hurt while staying in a nursing home or long-term care facility, please contact an experienced nursing home neglect attorney. You may be entitled under federal or Illinois state law to recover for the pain and suffering, personal injury, wrongful death, medical costs, negligence, and financial burdens the abuse or the nursing home facility has put on you and your family. Mary Ann Covone Attorney at Law has worked successfully at finding justice for victims of nursing home neglect. Please call (708) 246-4911 for a free initial consultation.