Cameras Permitted in Skilled Nursing Care Facilities
Arranging for the transfer of a loved one into a nursing facility can be an overwhelming task. The anxiety, in part, is due to the fact that you are leaving him or her in the hands of someone else for their care. Previously, you were prevented from using a web cam to monitor the care based upon privacy concerns. However, this is no longer a barrier as a result of Assembly Bill 202 (known as “Henry’s Law”) which was signed into law by Governor Lombardo on Jun 7, 2023.
The new law authorizes a patient in a facility for skilled nursing or the patient’s representative (guardian or agent acting under a durable power of attorney) to request the installation and use of an electronic communication device in the living quarters of the patient under certain circumstances. The person making the request must waive the patient’s right to privacy and agree to release the facility from any liability for a violation of the patient’s right to privacy in connection with the use of the device.
If the patient has a roommate, then the consent of the roommate or his/her representative must also be obtained. If consent is not provided, the facility is obligated to use reasonable efforts to accommodate the request by moving the patient or the roommate.
The bill was the focus of the family of Henry Owens who died in 2021 after suffering numerous urinary tract infections while residing in a nursing home. According to his family, Henry would be left for hours in soaking diapers and sheets despite numerous complaints to the staff.
According to the Alzheimer’s Society, urinary tract infections in seniors can cause sudden confusion, agitation or withdrawal. Having a difficult time traveling to and from the bathroom may cause older adults to hold their urine, increasing the likelihood of an infection. Untreated urinary tract infections can develop into serious kidney infections, putting seniors at risk of organ damage and potentially fatal systemic infections leading to sepsis.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.
Lee A. Drizin, Esq. is the founder of Drizin Law and has practiced in Las Vegas for over three decades. His work focuses on probate, estate planning, trusts, and guardianship, with particular experience handling contested probate and administration matters. A UNLV graduate with a Master of Laws in Taxation from Boston University, Lee has built his career helping Nevada families navigate some of the most difficult times in their lives.
