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Public policy analysis: Why the legislation is needed,
arguments for and against, proponents, etc.
Video Recording to Ensure Honesty in Nursing Notes Act;
an unbacked bill drafted by the Office of Legislative Counsel, and based on
the Oklahoma bi-partisan bill (Oklahoma’s 2013-SB587 enacted into law)
which was sponsored by the Oklahoma Silver Haired Legislature, and
supported strongly by the Oklahoma AARP.
An essay “Why
Cameras Should Be Allowed In Alzheimer’s Rooms” By Harry Crowell, one
of the owners of Vista Gardens Memory Care (a residential care facility for
the elderly) February 2014
Oklahoma:
Original Oklahoma Senate Bill
587, as enacted Signing statement by Oklahoma Governor
Oklahoma AARP
article: New Oklahoma Law
Will Provide Increased Protections for Nursing Home Residents
Illinois:
Lexis Nexis article:
On Friday, August 21, 2015, Illinois Governor signed into law Public Act
099-0430, the Authorized Electronic
Monitoring in Long-Term Care Facilities Act, which permits a resident
of a nursing home and her family members to place video and/or audio
recording devices in the resident’s room.
AARP Commends
Governor Rauner and General Assembly for
Protecting Vulnerable Illinois Residents
New Mexico:
Patient Care
Monitoring Act
Texas
Department of Aging and Disability Services: Information
Regarding Authorized Electronic Monitoring for Nursing Facilities
Washington
Health Care Association: “The Right To Surveillance – Residents Turn To Cameras To
Deter Abuse” (Washington State law, under the rubric “Resident
Rights”)
Federal law
requiring monitoring of the resident in and immediately after restraint: 42 Code of Fed. Regs. § 483.362
Minneapolis MinnPost: How surveillance cameras can improve
medical care
JAMA (Journal of the
American Medical Assn): The Power
of Video Recording - Taking Quality to the Next Level
The Jerusalem Post: Researchers
find surveillance cameras are beneficial to patients, staff in psychiatric
hospitals
Cisco Video Surveillance Manager: Virtual
Patient Observation: Centralize Monitoring of High-Risk Patients with Video Ten
Ways to Save Money and Improve the Patient Experience
A petition to make it law, and get the government out of
our bedrooms.
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Prominent
Geriatric Health Care Providers
Who as individuals Support the Right to Video Monitoring
and NOT on behalf of the entities for which they work (which are cited
below):
Harry Crowell IRVINE,
CA [One of the owners of Vista Gardens Memory Care, a Residential Care Facility for
the Elderly]
"I am in the Alzheimer's care business and this is a
subject every patient asks for. They are concerned for their personal
safety. Our facility wants to be as careful as possible. Our employees,
visitors and the residents are comfortable that they are watched over as
carefully as possible."
Laura Mosqueda, MD IRVINE, CA [Dr. Mosqueda is the Director of Geriatrics at the
University of California, Irvine School of Medicine where she is also a
Professor of Family Medicine. She is also the co-director of UC Irvine
Center of Excellence on Elder Abuse and Neglect.
Robert Neshkes, MD LOS ANGELES, CA
[Head of Geriatric Psychiatry, West Los Angeles VA Hospital]
"There are many times, I have been uncertain as to what
the cause has been for a patient's recent fall, how bad the fall was, and
what part of the body took the impact. ICU's for example, commonly have
video monitoring of patients in all rooms. Video monitoring allows doctors
and nurses to provide better care."
James Spar, MD LOS ANGELES, CA
[UCLA Prof. of Geriatric Psychiatry]
"I have professional experience with physical abuse of
elderly residents of RCFE's, and this is one way to prevent it."
Phoebe
Leibig, PhD, LOS ANGELES, CA [Associate
Professor of Gerontology and Public Administration at USC; A Fellow of the
Gerontological Society of America and the first Hanson Family Assistant
Professor of Gerontology, she also served as senior economic policy analyst
for AARP's Public Policy Institute; written numerous book chapters and
articles on housing and long-term care, with particular emphasis on
intergovernmental relations, state policies and cross-national comparisons.
In 1997-1998, a Fulbright Senior Scholar award and conducted field research
on old-age homes and services in India; in 2003, she received the Clark
Tibbitts Award for Excellence in Gerontology from the Association for
Gerontology in Higher Education.]
Deborah
Newquist, PhD, IRVINE, CA [Assistant Clinical
Professor of Gerontology at the University of Southern California (USC),
past President of the National Association of Professional Geriatric Care
Managers and has held positions on numerous community agency boards
including the Alzheimer's Association of Orange County; Dr. Newquist's publications include a chapter on functional
assessment for The Handbook of Geriatric Care Management, and co-editorship
of the Technology for Aging in Place edition of the Journal of Geriatric
Care Management. She has been featured in the New York Times on services
for eldercare.]
Jon Pynoos,
PhD, LOS ANGELES, CA [UPS Foundation Professor of Gerontology, Policy and
Planning at the Andrus Gerontology Center of the University of Southern
California. He is also Director of the National Resource Center on
Supportive Housing and Home Modification, and Co-Director of the Fall
Prevention Center of Excellence which is funded primarily by the Archstone Foundation.
He has written and edited six books on housing and the elderly. Dr. Pynoos was a delegate to the last three White House
Conferences on Aging and is currently on the Public Policy Committee of the
American Society of Aging (ASA). He previously served on ASA’s Board and as
Vice President of the Gerontological Society of America. He is a founding
member of the National Home Modification Action Coalition.]
Kathleen H. Wilbur, LOS ANGELES, CA [Mary
Pickford Foundation Professor of Gerontology; Professor of Health Services
Administration at the Andrus Gerontology Center of the University of
Southern California. Dr. Wilber’s research has focused on improving the
quality of life of people with chronic physical and mental health
conditions, by improving the formal health and long term care delivery
system. Her work on collaborative relationships among providers has
examined cost effectiveness and health outcomes of different service
delivery structures. In addition to health care, Dr. Wilber’s research has
focused on protective services including the identification and treatment
of elder abuse, adult protective services, guardianship and
conservatorship, and alternative supportive and surrogate decision-making
approaches.]
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Situations Meriting Video
Monitoring
Email from Department of Social Services (“DSS”) confirming
that DSS prohibited videocams in residents’ rooms in Vista Gardens
Memory Care, even though the residents, the staff and the facility want
videocams to improve quality of care and prevent elder abuse.
Crime Investigation Report by California Department of
Justice Special Agent, J. Timothy Fives, based in part on a resident’s
video camera, which the nursing home later ripped out
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