• videocam Live Webinar with Live Q&A
  • calendar_month October 15, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

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

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Discount expires 10/1/26

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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

David J. Alfini
Partner
Hinshaw & Culbertson LLP

Mr. Alfini represents senior living providers across multiple states, including assisted living/residential care (RCFE), skilled nursing, continuing care retirement communities (CCRC), nursing homes and independent living communities, and home agencies. Serving clients primarily in California, Illinois, and Indiana, he focuses on safeguarding operations and supporting long-term success. Admitted pro hac vice in over twenty jurisdictions, Mr. Alfini has tried numerous cases to verdict and has extensive experience defending long-term care, elder abuse, wrongful death, and liability claims. He also advises on regulatory compliance, policy development, and customized training programs tailored to client needs, including HIPAA, LGBTQ+ aging resources, and crisis management.

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Adam S. Guetzow
Partner and Chair, National Health Care Practice Group
Hinshaw & Culbertson LLP

Mr. Guetzow focuses his practice exclusively on representing aging service providers, advising clients across the full continuum of care, including home services agencies, home nursing agencies, assisted living facilities, sheltered care facilities, continuing care retirement communities (CCRCs), and skilled nursing facilities. He routinely appears for and defends clients before the regulatory agencies that oversee the aging services industry, including the Centers for Medicare and Medicaid Services (CMS), the Department of Healthcare and Family Services, the Illinois Department of Public Health, and the Illinois Department of Financial and Professional Regulation. Mr. Gurtzow is a trial-tested litigator with a proven track record in handling disputes that extend beyond the administrative process. He brings substantial trial, deposition, and mediation experience and is effective both in and out of the courtroom. Mr. Guetzow has tried and arbitrated cases in Illinois, New York, Virginia, and California on a pro hac vice basis and has presented arguments before every US District Court in Illinois as well as the US Court of Appeals for the Seventh Circuit Court.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

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?