House panel OKs the use of ‘granny cams’ in long term care facilities

By: Christine Sexton

“Granny cams” may be coming to Florida nursing homes.

A House panel on Thursday overwhelmingly voted to approve a bill (HB 223) that would allow long term care facility residents to install electronic recording devices as long as they are willing to foot the bill for installation, removal, and the internet needed to run them.

Nursing home residents who share rooms would have to secure permission from their roommates to use the cameras. Consenting roommates are allowed to put restrictions on camera use and require that the camera be pointed away or prohibit use of specific devices.

If a roommate doesn’t agree, the legislation would require a facility to make accommodations by moving one of the residents to another room.

“If you look at the news lately, you’ll see and you’ll find whether there’s a lot of issues happening that people catch on cameras that they otherwise would would not. And they’re horrific scenes happening to people who are elderly, who can’t take care of themselves, and who, even if they could say what happened, people wouldn’t believe it, because maybe they have dementia or Alzheimer’s or something that would cause someone to not believe what they are saying,” bill sponsor Rep. Susan Plasecia, a Republican representing part of Orange and Seminole counties, told members of the House Health Care Facilities & Systems Subcommittee Thursday.

“And so for me, it’s important to speak for them and that’s what brought me here.”

Nineteen states allow camera use in nursing homes, Plasencia said. Florida law, though, is silent on whether electronic recording devices can be used. That means facilities decide whether to allow them.

Plasencia said her bill protects the public and puts “guardrails” into statutes outlining what can and cannot be done.

The vote to advance the bill came over objections of Florida’s long term care industry.

We know that nursing home and assisted living facility cameras help with deterring abuse and neglect and also help with identifying where there can be improvements made to a loved one's care.

– AARP Florida Associate State Director of Advocacy Karen Murillo

Jen Lawrence, chief nursing officer at Aston Health and a member of the statewide nursing home association, the Florida Health Care Association, said lots of personal things happen in residents’ rooms, including bathing and grooming, psychiatric visits, and meetings with clergy. The cameras, she said, will capture it all.

Moreover, she expressed concerns that the resident’s family or guardian would be responsible for ensuring the roommate’s privacy is protected. “This is a family member of a roommate. How do we trust those folks in controlling what is being videotaped and recorded?” Lawrence asked.

Maryellen Lalor with the group Protect Florida Seniors testified for the bill, sharing the story of her husband who lived in a nursing home for more than 2 1/2 years before dying. She tried to sneak a camera into her husband’s room after he was admitted but the facility found it and made her remove it. She said she never complained out of fear of retaliation against her husband, knowing he would reside in the facility until he died.

Lalor countered Lawrence’s testimony by telling the subcommittee members that nursing home residents in semi-private rooms don’t enjoy the privacy that people think they might.

“As far as confidentiality, when you’re in a semi-private room and they’re going to do personal care to the other person, the curtain is pulled. When you are meeting with a psychologist or therapist, that person goes right in. The other [resident] can hear, okay? So as far as the concern about hearing other people, everything is exposed.”

FHCA wasn’t the only long term care association to flag concerns. Florida Assisted Living Association CEO Bijou Ikli and Florida Senior Living Association vice president for Public Policy and legal Affairs Jason Hand also expressed concerns.

But Karen Murillo, AARP Florida’s state director for advocacy, argued the bill would improve safety and keep the family members abreast of the care being provided to their loved ones.

“We know that nursing home and assisted living facility cameras help with deterring abuse and neglect and also help with identifying where there can be improvements made to a loved one’s care. AARP is a big advocate of family caregivers, especially those who are far away, and these cameras will provide peace of mind and the ability for family caregivers to be advocates, present, and part of their loved ones’ care,” Murillo said.

Spike in abuse reports

The legislation comes a year after the Tampa Bay Times reported a spike in allegations of serious violations against Florida nursing homes — between 2019 and 2022, nearly double the reports during the previous six years.

The Times’ reporting showed that in 2022, nursing homes were cited 83 times for putting older adult residents at risk of immediate danger. 

Looking ahead

Several of the committee members asked about privacy, how often the agreements between roommates could be altered, who would enforce the agreements, and whether long term care facility staff could access the images being captured.

Rep. Hillary Cassel, a Republican from Fort Lauderdale, worried about how visitors, some of whom could suffer from dementia or have vision problems, would know video cameras were being used in the room.

Plasencia committed to continuing to work with members to address their concerns. Reps. Daryl Campbell, a Democrat from Fort Lauderdale, and Gallop Franklin, a Democrat from Tallahassee, voted against the bill.

HB 223 has two more committee stops (Judiciary and Health and Human Services) before it can be heard on the floor.

A companion bill (SB 64) was filed by Republican Sen. Illeana Garcia. It has been referenced to three Senate committees (Health Policy, Judiciary, and Rules) but has yet to be considered.

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House panel OKs the use of ‘granny cams’ in long term care facilities