Page 20 - Minnesota Vol 8 No 3

Electronic Monitoring in
Minnesota’s Long-Term
Care Settings
TBY SUZANNE M. SCHELLER
he Minnesota Legislature is currently discussing a bill to allow electronic monitoring in nursing homes and assisted living facilities. e concept is straightforward – a person wants to place a camera in their living space to record interactions with
those entering that space. e doorbell on a home can have a camera. A video surveillance camera can be placed inside a home and arguably in an apartment. A gas station, retail store, or commons area in an as- sisted living facility has cameras in public spaces to monitor activity. Yet legislative debate and action is needed for an assisted living client or nursing home resident to place a camera in his or her private living space.
In order to frame the issues in the current legislation, consider what “electronic monitoring” means. It refers to a resident of a nursing home or a client receiving services in an assisted living setting placing a recording device—whether video, audio, or both—in his or her pri- vate living space. ere are several reasons why such a device may be placed, notably to communicate to loved ones or allow a family mem- ber to “check-in.” Increasingly, cameras are placed due to concerns of maltreatment and the person’s inability to communicate harm.
In many ways, current law already allows for placement, under vari- ous bills of rights and principles of landlord-tenant law. e rights of a person residing in a nursing home or boarding care home are more de ned than in an assisted living setting, under both federal and Min- nesota law. e Health Care Bill of Rights under Minn. Stat. §144.651 a rms the following rights applicable to camera placement, for resi- dents of a skilled nursing facility or boarding care home:
• e right to be free from maltreatment;
• e right to communicate privately with a person of their choice;
• e right to retain their personal property, if space permits and the
rights of others are not infringed upon;
Currently, Minnesota law does not specifically prohibit placement of a video or audio recording device in a person’s private living space in a nursing home or assisted living, although wiretapping and criminal statutes could be implicated under certain circumstances.”
ATTORNEY AT LAW MAGAZINE · MINNESOTA· VOL. 8 NO. 3 20