Daughter says nursing home "cover-up" example of what can happen without visitation

by Anne McCloy

Photos show how Gloria Caldaroni-Ford found her mother Donata in a five-star nursing home in Saratoga County, bruises under her eyes, a huge knot on her head and a big cut on her nose. (WRGB PROVIDED)
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SARATOGA NY (WRGB) - What goes on behind closed doors?

A Saratoga County woman says COVID-19 policy that has prevented families from visiting nursing homes has made it so families have no idea what's happening to their loved ones.

After her mother was mistreated in a nursing home, she says no family should ever be completely banned from visitation.

You don’t think it’s going to happen to you.

Photos show how Gloria Caldaroni-Ford found her mother Donata in a five-star nursing home in Saratoga County, bruises under her eyes, a huge knot on her head and a big cut on her nose.

“We were there almost all day every day and that one window we weren’t there that’s when the injury occurred,” Caldaroni-Ford said.

The incident happened before the COVID-19 pandemic. Caldaroni-Ford says her family only learned about the injury when they came to visit her mom the next day. The aide accused of causing her mother to fall was charged for not following procedure and for failing to report what happened.

Caldaroni-Ford is now fighting for new laws after COVID-19 nursing home policy that has banned families from visiting their loved ones. (WRGB)

“It is so important you don’t assume everything is okay behind closed doors,” Caldaroni-Ford said.

That's why Caldaroni-Ford is now fighting for new laws after COVID-19 nursing home policy that has banned families from visiting their loved ones.

“It should be illegal to prevent someone from taking care of their loved ones. You have to be your loved ones advocate, you can’t be their advocate if you are not there with them,” Caldaroni-Ford said.

Caldaroni-Ford argues during a pandemic at least one family member should be allowed in to ensure proper care wearing proper PPE and taking the same precautions at staff.

“They would be careful, if not more careful because they don’t want to bring COVID-19 into their family,” Caldaroni-Ford said.

She also believes cameras should be allowed in rooms so families always have eyes on their loved ones. (WRGB PROVIDED)

She also believes cameras should be allowed in rooms so families always have eyes on their loved ones.

“If I had a camera in the room, I could feel that much better, I could feel that much safer,” Caldaroni-Ford said.

Assemblywoman Aileen Gunther (D-Sullivan) has a bill that would put cameras in patient's room with consent from any patient's sharing that space. It's currently in committee.

Friday, CBS 6’s Anne McCloy reached out to Governor Cuomo’s Office, and brought Caldaroni-Ford’s concerns to their attention. She also asked for more detailed information on when guidance will be issued on re-opening nursing homes.

Gary Holmes from NYSDOH responded Friday saying the following:

“The Department of Health takes tremendous steps to protect our most vulnerable populations in nursing homes — and all complaints are kept confidential and thoroughly reviewed to ensure New Yorkers’ safety. As we’ve said, we are reviewing the data to determine the appropriate time to reinstate a nursing home visitation program that protects the health and well-being of residents, their visitors and staff.”

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Daughter says nursing home "cover-up" example of what can happen without visitation

Senator’s petition calls on nursing homes to allow cameras in rooms

by Whitney Bryan

Michigan Senator Jim Runestad (R-White Lake) has started a petition calling for nursing homes to allow residents to install cameras in their rooms.

By signing the Nursing Home Cameras Petition, Runestad said residents would call on nursing homes, members of the Legislature and Gov. Gretchen Whitmer to support Senate Bill 77.

According to Runestad’s, SB 77 is a measure that would establish that a resident of a nursing home facility or their representative would be permitted to monitor their private room using an electronic monitoring device under certain conditions.

“Cameras can act as a deterrent to some of the most heinous behavior taking place, and they can give peace of mind to family members worried about the care of their loved ones,” Runestad said. “If an episode of abuse does happen and is caught on tape, legal video evidence can be used to bring justice to the abusers.”

Runestad said his petition was sparked by a video recently made public of a 20-year-old Detroit nursing home resident beating his 75-year-old roommate on Friday, May 15.

“It shouldn’t take a viral video of abuse or a global pandemic to convince our leaders that we ought to be protecting our seniors,” Runestad said. “It’s long past time we do something to protect nursing home residents from abuse.”

Under SB 77, Runestad said residents and their families would pay for and oversee the cameras. If a resident’s living space is a shared one, all roommates would have to consent to have a camera. Signs would have to be posted in the facility and the room itself to make it very clear that a camera is present. Additional provisions would allow the curtaining of cameras for medical procedures and other sensitive times to protect privacy.

“I urge everyone to sign this petition to let leaders in Michigan know that residents should be allowed to install a camera in their nursing home if they wish,” Runestad said. “Make your voice heard now!

To sign the petition, click here.

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Senator’s petition calls on nursing homes to allow cameras in rooms

Michigan bill to combat elder abuse would allow cameras in nursing home rooms

MICHIGAN, USA — Michigan lawmakers proposed a new bill that would allow cameras to be installed inside nursing home rooms. The action is an effort to combat elder abuse.

The bill, which was proposed by Republican Michigan Sen. Jim Runestad, would allow a resident's loved ones to oversee their treatment. Patients would have to give their consent for the cameras to be placed. If the patient is in a shared living space, all roommates would also have to give their consent before a camera is permitted. If a patient was not coherent to make the decision, the resident's power of attorney could authorize camera use.

Under the bill, Runestad said there must be signs in each room that notify the community of the cameras and filming.

"There’s going to be no surprise to anyone that this is going to be going on," he said.

Through the bill, caregivers can close the curtains in a room to block the camera's gaze when performing private procedures or when a resident needs to tend to other private matters.

However, the Healthcare Association of Michigan (HCAM) has spoken out against the bill, calling it a invasion of privacy and dignity.

"I’ve heard this being compared to preschools, or doggie day cares or even cameras on porches to look after your Amazon packages. These are adults. To compare them to a preschooler, or a dog or a package is really insulting. They deserve their privacy, dignity and respect and we should not treat them like dogs," Richie Farran, vice president of government services for HCAM said.

Runestad called HCAM's concern over privacy "comical" asking, "How are you imposing it on them when they want this when the family member wants it?"

HCAM also has concerns that the bill could open a threat to patient security.

"We have seen web-based video devices be hacked and actually used maliciously against those who are on camera. If any medical care is captured and that’s used unauthorized, that’s a HIPAA violation," Farran explained, adding giving a power of attorney the right to make a decision to film the patient is a privacy issue.

"If the individual while they were of sound mind, continuously said 'I would never want to be recorded' and now they’re not competent to make that decision for themselves, a family member could put that camera in the room," Farran said.

When asked about opposition from health organizations, Runestad said, "There's privacy provisions built into it (the bill), so it's really a matter of them not wanting the transparency, the oversight. They don't want people to know what's going on."

According to the National Council on Aging, as many as 5 million elders are abused each year, and one in 10 Americans age 60 and older have experienced some form of elder abuse. The organization said one study estimated that only one in 14 cases of abuse are reported to the authorities.

Last year, Attorney General Dana Nessel charged three Kent County women with elder abuse.

The bill has been referred to the committee on Health Policy and Human Services. Runestad said he hopes push it through to law as soon as possible.

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Michigan bill to combat elder abuse would allow cameras in nursing home rooms

Ohio bill would allow families to place cameras in rooms of elder care patients

COLUMBUS, Ohio (WBNS) — In September of 2018, Ohio law expanded the number of people required to report suspicions of elder abuse.

As a result, the number of reports exploded.

It's those kinds of numbers that has some lawmakers concerned that even more abuse is happening that is never reported because victims are not able to talk or have memory issues preventing them from telling loved ones.

Under a bipartisan bill that will be introduced in the Ohio House and Senate next week, it would give residents the power of attorney to have surveillance cameras in their room.

Steve Piskor knows what it's like to feel helpless while his mother was abused inside a nursing home.

Esther Piskor, 78, was living with dementia when her son had a feeling she was not being treated well.

Unable to prove it, he decided to plant a hidden camera in her room and let it roll for six weeks.

The camera, he says, captured his suspicions.

"I finally put the hidden camera in and it caught eight aides abusing her," he said.

There is no law in Ohio against using private cameras inside a nursing home, but it's up to the nursing home to allow it.

That would change under a bill introduced next week by State Senator Nickie Antonio.

"Sometimes people are told they are not allowed and they are told there is a law against it and there is not a law against it." she says.

The Ohio Health Care Association isn't against the bill but tells 10TV it does have privacy concerns.

"Such as the rights of patients — both the patient being surveilled and other patients — to their personal privacy and dignity. We at the Ohio Health Care Association stand willing to work with interested legislators to ensure that any legislation in this area protect all of the interests and rights that would be affected," says Spokesperson Pete Van Runkle.

Union County Prosecutor David Phillips agrees.

"Some rooms aren't private and if there is another patient in the shared room, both have to agree to this," he says.

The proposed bill is already called "Esther's Law" named after Steve's mother.

He hopes lawmakers see it as a way to protect patients and deter abuse.

"It will give people peace of mind so they can check on their elderly loved ones and it's going to work for nursing homes, too. It's going to stop a lot of abuse," he says.

Six states already allow in-room cameras but often times it's only for specific kinds of nursing homes.

Under Ohio's proposal, it would be for everyone.

The bill also calls for signs to be placed in the room alerting people that there is a camera inside.

Reports of Elder Abuse in Franklin County:

• 2017 – 2,075
• 2018 – 2,167
• 2019 – 2,903 (as of 12/18/19)

Elder abuse refers to any knowing, intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult, according to the U.S. Administration for Community Living. It can happen anywhere, anytime, and often affects the most vulnerable members of the community.

While approximately 16,000 reports of abuse, neglect, and exploitation are made each year in Ohio, the National Institutes of Health estimates that these reports represent only one in 14 cases.

To contact the Ohio Department of Aging:

Call toll-free at 1-800-266-4346 (Monday through Friday, 8 a.m. to 5 p.m.)

TTY - Ohio Relay: Dial 711 and use 614-466-5500 for general information.

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Ohio bill would allow families to place cameras in rooms of elder care patients

Despite nursing home owners' opposition, House panel passes bill that would allow cameras in rooms

Rep. Helena Moreno (left) & Lucie Titus (right)

Lucie Titus' 92-year-old mother mysteriously suffered a black eye and a serious back injury while under the care and supervision of a Slidell nursing home last year.

Titus' mother, Ann Graff, who had Alzheimer's disease, couldn't explain how it happened. Neither could anyone who worked at the nursing home. And the unanswered questions left doctors guessing for several weeks about the best way to treat Graff's serious pain, Titus said.

Concerned for her mother's well-being, Titus tried to install a small video camera in the room, so she could keep a watch on her mother to ensure her well-being. But administrators from the nursing home banned the camera.

State Rep. Helena Moreno, D-New Orleans, said Wednesday she wants to ensure nursing homes are required to allow residents and their families to place surveillance cameras in their rooms if they choose.

"What's wrong with having an extra set of eyes to check on our loved ones?" Moreno said. "This is our mothers and fathers, and one day this will likely be us. I would want a camera to make sure I'm OK."

The bill advanced out of the House Health and Welfare Committee, 9-1, and heads to the full House, over the objections of the nursing home industry leaders, who raised concerns about privacy and internet hackers who could try to access webcams.

"I strongly contend that if there was video I would have been able to get my mother treatment immediately, instead of guessing for three weeks and watching her suffer in pain," Titus said in her testimony to the committee.

Titus sued in federal court on behalf of her mother for the right to have a camera. But Graff passed away recently, which effectively ended the lawsuit.

Dozens of nursing home owners submitted red cards to the legislative committee, a signal of opposition. But keeping his comments brief, Mark Berger, Louisiana Nursing Home Association executive director, only asked that Moreno be amenable to working together to improve security provisions tied to the bill.

Moreno pointed out that while her bill had a long list of opponents, every single one was the owner of a nursing home.

"Who are we trying to protect here in the state of Louisiana?" she asked. "None of the opposition here was a resident or a family member of a resident."

Moreno noted that to address privacy and liability issues, her bill requires that the nursing home resident who has a camera in their room to sign a waiver. If the patient shares a room, then the roommate would also have to sign a waiver for the camera to be allowed.

The camera would also have to be set up and purchased by the resident's family or guardian.

She said the bill also protected the nursing homes.

"If it was truly an accident, then you can see there is no wrongdoing," she said.

Moreno is set to leave the Legislature before the session ends because she will be sworn into her new office in the New Orleans City Council. She amended the bill to name Rep. Kirk Talbot, R-River Ridge, as the main sponsor, in her absence.

Two other nursing home bills scheduled for Wednesday were deferred, and are not expected to come back up this session.

Rep. Tony Bacala, R-Prairieville, deferred a bill that was expected to create more access to nursing home alternatives in the form of home-health programs. He said he decided to abandon his bill after watching a Senate committee reject the same thing earlier this week.

"I'm deferring this bill because it's dead," he said. "I hate to say it but it's dead."

But Bacala urged his colleagues to address the issue of improving home and community based care in the future.

"I hope the conversation continues and we do not turn a blind eye," Bacala said. "We have to do better."

Another bill to change the rate formula that determines the way nursing homes are reimbursed by the state was also deferred.

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Despite nursing home owners' opposition, House panel passes bill that would allow cameras in rooms