Will Maryland Be the Next State to Enact Strict Nursing Home Camera Laws?

Each year, more states enact laws that allow for cameras in nursing homes and assisted living homes, which provide much-needed protection for residents. The laws allow residents and their families to place cameras in the residents’ rooms. In 2003, Maryland enacted a law requiring the Maryland Department of Health and Mental Hygiene to develop guidelines for electronic monitoring. Under those guidelines, the state currently allows electronic monitoring in Maryland nursing homes with resident consent—but only if the nursing home allows it.

Meanwhile, other states continue to enact electronic monitoring laws, many that provide much greater protections to residents. According to a local news source, Minnesota recently passed an electronic monitoring law to protected elderly adults. The law, entitled the Elder Care and Vulnerable Adult Protection Act of 2019, took effect on January 1, 2020. A state ombudsman said that electronic monitoring is a right included in the state’s Home Care Bill of Rights.

The law was advocated for by families whose loved ones were abused or mistreated. Under that state’s law, there is a consent form required in order to obtain the monitoring device. Providers such as nursing homes must tell residents about the law and have the forms available to use. Consent is required from all people living in the same room. Before the law was enacted, according to the ombudsman, residents and their families were installing cameras, but there was nothing to stop others from removing the cameras. Under the new law, residents there can install cameras without letting the providers know.

Rights of Maryland Nursing Home Residents

In Maryland, nursing home residents have the right to live in a facility that is safe and where they are free from abuse and neglect. Abuse can take on a variety of different forms, including emotional abuse and financial exploitation. Some potential signs of abuse and neglect are bedsores, unexplained injuries, insufficient funds, and fear of certain persons.

Maryland nursing homes have a responsibility to care for their residents and to keep residents safe from others, including from staff and other residents. This includes taking measures to prevent abuse and neglect, such as the implementation of policies and procedures and the investigation of all allegations of abuse, which must be reported to the state within 24 hours of the incident. Maryland nursing home cases can be brought in cases where nursing homes or their staff have abused or neglected a resident.

Talk to an Attorney About Suspected Nursing Home Abuse or Neglect

If you suspect that your loved one may have suffered abuse or neglect at a Maryland nursing home, other nursing home residents may be at risk as well. To get help, contact an experienced Maryland nursing home attorney as soon as possible. The injury attorneys at Lebowitz & Mzhen, Personal Injury Lawyers, represent nursing home victims throughout the Maryland, Virginia, and Washington, D.C. area. They can help you evaluate your claim and determine the best course of action in your case. Call for a free consultation toll-free at 1-800-654-1949 or contact us through our online form.

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