The main reason you transition a loved one into a nursing care facility is to provide them with around-the-clock care. Not only will all their medical and nutritional needs be met, but help is only a call button away. Even with all that support, it’s understandable that you would want to check in with your loved one when you can’t be there for a visit.
One solution could be a personal security camera. Unfortunately, in Kentucky, you are not permitted to use a personal security camera in a nursing home, even if you suspect abuse in the facility. There are 22 states that allow security cameras in nursing home resident rooms.
Kentucky is not one of them.
It is important for families with loved ones in a nursing home to understand and follow the laws with regard to privacy.
Understanding Kentucky Laws on Nursing Home Cameras
Kentucky nursing homes rely on the state’s privacy laws regarding the installation of cameras in a shared private space, such as a nursing home. Even though the room is considered private, a roommate may be present, and surveilling them would be an invasion of privacy.
Kentucky does have a one-party consent law for audio recordings, but it does not extend to video surveillance.
There might be an inclination to set up a “nanny cam” to verify suspected evidence of abuse, but that would still be considered illegal and might not be admissible in court.
Privacy Rights of Residents and Staff Members
In Kentucky, the privacy of nursing home residents and staff members is protected by both federal and state laws. These are the parameters of the laws:
- Confidentiality: Nursing home residents have the right to have all their personal and medical records kept secure. They are entitled to approve or refuse the release of those records.
- Physical Privacy: Nursing home residents are entitled to privacy in their rooms as well as their medical treatment. That privacy includes all written and telephone communications, and their personal hygiene care, such as bathing and dressing.
- Visits and Mail: Nursing home residents have the right to send and receive unopened mail. They are also allowed to have private, unrestricted visits from family, friends, or their private doctors.
- Personal Property: Nursing home residents can keep and use personal belongings, provided they do not infringe on another resident’s or staff member’s safety.
In many ways, a nursing home should be treated like a hospital, with the same respect for the Health Insurance Portability and Accountability Act (HIPAA).
Requirements for Notifying the Facility and Roommates
Many nursing home residents will share rooms, making it a more affordable option for long-term care. As you might imagine, there could be changes in rooms or roommate assignments when there is a significant status change in the resident, such as with mobility or cognitive concerns.
Residents have the right to be informed and consulted on these changes. They must also be given 30 days’ notice for any transfer that directly affects their living situation.
In addition to roommate notifications, residents also have the right to receive notice of their rights and of all services and costs provided by the nursing home. This should be in the form of a written notification.
Steps to Take If You Suspect Nursing Home Negligence
You will remain the primary caregiver of your loved one even when they are living in a nursing home. Even though Kentucky law restricts the use of surveillance cameras, you can still spot signs of abuse or neglect. When you suspect there are problems with your loved one’s care, these are the steps you need to take.
Step 1: Ensure Safety:
If your loved one is in immediate danger, call 911 or local law enforcement to respond to the situation and provide immediate medical attention. Those calls will also generate an incident record that will be vital for any future claims.
Step 2: Seek Medical Attention:
You will want to have your loved one evaluated immediately by an independent medical professional to document any injuries, such as bedsores, malnutrition, or bruises.
Step 3: Document Evidence:
You should take videos and photos of any injuries. You can also document poor hygiene, an unclean environment, or hazardous conditions. If this is an ongoing situation, you need to keep a journal that details all the incidents, times, and staff involved.
Step 4: Review Records:
You need to request and review all of your loved one’s medical records, care plans, and any incident reports.
Step 5: Inform Facility Management:
It is essential that you notify the nursing home administrator or director of nursing of what you suspect or witness. That notification should be in writing, sent by certified mail.
Step 6: Report to State Agencies:
In addition to notifying the facility, you should also immediately contact the state’s health department or nursing home regulatory agency to file a complaint and initiate an investigation. These reports will most likely trigger an inspection and review.
These are the numbers to use:
- Elder Abuse & Neglect Hotline: 1-877-228-7384
- Cabinet for Health and Family Services (CHFS): 1-800-752-6200 or 1-877-597-2331.
- Kentucky Long-Term Care Ombudsman: 877-787-0077
Step 7: Contact an Attorney:
Finally, you should consult an experienced nursing home abuse lawyer. That attorney can dispatch a preservation letter to the facility that will prevent the destruction of evidence.
They will also be able to provide you with guidance about filing a negligence lawsuit against the nursing home.
Families in Kentucky can also reach out to Peterson Law Office for a consultation to understand their options and next steps. Speaking with a local firm can help make sure that evidence is preserved quickly and the claim is handled appropriately.
Even without a personal security camera, if you see something happening to your loved one, take action and know that help is standing by.