Electronic monitoring is here: is your nursing home ready?

The Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act (the Act) became effective January 1, 2016. This Act makes Illinois only one of a handful of states that permit residents (or in certain circumstances other authorized parties) to install a camera and/or audio recording device in the resident’s skilled nursing room. The Illinois Department of Public Health (IDPH) has recently published the consent forms required under the Act, which are available at: http://www.dph.illinois.gov/sites/default/files/forms/formsohcremn-consent-form.pdf.

The following are some issues that we have been helping our clients address regarding implementation of the Act:

• What is the optimal location in the resident’s room for a camera, so that images and/or audio in the corridor of the facility are not captured as such images and audio may result in HIPAA violations related to other residents?
• How do you ensure that the resident’s vendor complies with the life safety code requirements if the vendor asks to drill holes in walls to run cable?
• Does the facility have a legal basis to deny a resident’s request that the camera utilize the facility’s wireless network?

In addition to helping address the above issues, we have prepared a compliance package that addresses issues that IDPH’s forms do not address, which package includes an electronic monitoring policy, requirements for vendor contracts, a checklist for implementation of the Act and HIPAA authorizations.

Please consult with a healthcare attorney at Chuhak & Tecson should you have any questions regarding the Authorized Electronic Monitoring in Long-Term Care Facilities Act, or other laws that may affect your long-term care facility.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Client Alert authored by: Andrew P. Tecson, President, and Kimberly T. Boike, Principal