Senate weighs recording devices impact on nursing home residents' privacy rights

A heated discussion on the use of recording devices in long-term care facilities took center stage during the SB 2070 Conference Committee meeting on April 8, 2025. Lawmakers and stakeholders expressed concerns about the implications of allowing video recording in shared living spaces, highlighting the delicate balance between family oversight and resident privacy.

Representative Freilich raised alarms about potential privacy violations, particularly regarding shared rooms where multiple residents might be present. "What if you had a recording and the roommate's family was in the room?" he questioned, emphasizing the risk of unintended recordings that could breach confidentiality. The fear of sensitive interactions being shared on social media platforms added to the urgency of the discussion.

Senator Hogan acknowledged the complexity of the issue, noting that this topic has been debated for six years. He pointed out that any recording device usage would require explicit consent from the residents involved, along with proper notification to visitors. "There has to be a notice that everything is being recorded," he stated, underscoring the importance of transparency.

Carla Bachman, the State Long Term Care Ombudsman, added that the original discussions around this legislation did not fully address the concerns of wandering residents, who could inadvertently be recorded. She indicated that administrative codes would likely need updates to reflect these ongoing concerns.

As the committee navigates these sensitive issues, the outcome of SB 2070 could significantly impact the rights of residents and the ability of families to monitor their loved ones in long-term care settings. The committee's next steps will be crucial in determining how to balance privacy rights with the need for family engagement in care.