Right to Electronic Monitoring for Nursing Home Residents: Requirements for Installation; Key Benefits and Concerns
Statutory Schemes in Key States; Use as Evidence; Prohibitions and Exceptions; Obstruction; Anti-Retaliation Statutes
About the Course
Introduction
This CLE webinar will provide a comprehensive overview of authorized electronic monitoring in long-term care facilities. The panel has extensive experience defending long-term care, elder abuse, wrongful death, and liability claims, and will discuss state regulatory schemes, the tension between monitoring and privacy interests, how "granny cam" data can be used, and how to reduce conflict between the interested parties to avoid litigation.
Description
"Granny cams," a/k/a virtual monitoring, are seen by family members as a user-friendly, affordable, proactive tool to detect and deter elder abuse and neglect in nursing homes, skilled nursing facilities (SNFs), memory care units, assisted living, group homes, or other senior or long-term living institutions. But in-room authorized electronic monitoring may infringe the privacy of workers, roommates, visitors, and patients who lack the ability to consent.
At last count, 19 states specifically authorize or regulate electronic monitoring in some categories of senior living or other long-term care facilities. States that are silent on the issue of authorized electronic monitoring usually evaluate it under their wiretapping and consent laws. More states, like Illinois, are extending rights to authorized electronic monitoring to more types of residential settings.
Although each state's statutes and regulations take a slightly different approach, counsel should understand certain key issues: Who is affected? What types of devices can be used? Are there any restrictions on the use of monitoring devices? Who can request monitoring? Who pays for it? What are the duties of the facilities? Is notice required, and if so, what kind? Are there penalties for noncompliance? Who owns the information in the device? How can the information be used?
Listen as our esteemed panel discusses the right to electronic monitoring in long-term care facilities and shared housing establishments.
Presented By
Mr. Alfini provides results-oriented counsel and legal representation to assisted living and skilled nursing facilities, continuing care retirement communities, nursing homes and independent living communities, as well as home health, home care, and hospice agencies. His goal is to help them manage risk and achieve their business objectives, both in and out of the courtroom. Mr. Alfini represents facilities and aging services companies nationwide, including in California, Illinois, and Indiana. Additionally, he has been granted admission pro hac vice in over 20 jurisdictions throughout the U.S. Mr. Alfini also partners with his clients to develop policies and procedures as well as employee training programs and advises on additional insured and contractual liability issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 15, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Overview and history of electronic monitoring or “granny cams”
II. Examples of statutory schemes in key states
III. Requirements for installation
IV. Prohibitions; exceptions
V. Key benefits and concerns
VI. Unauthorized placement of electronic monitoring device
VII. Anti-retaliation statutes
VIII. Admissibility of footage in court or administrative proceedings
IX. Penalties
The panel will discuss these and other key issues:
- What are the different types of regulatory schemes for authorized electronic monitoring?
- Can a facility’s contract restrict authorized electronic monitoring?
- What are the flashpoints of conflict when attempting to interpret and apply the relevant statutes and regulations?
- Do those using electronic monitoring have a duty to preserve the data?
- What happens if a camera is obstructed by the facility or an employee?
- What happens if a roommate will not consent?
