Are Granny Cams Legal in New Mexico Nursing Homes?

Posted by PKSD New Mexico Law Firm on June 10, 2024 in Nursing Home Neglect

stock image of a surveillance camera installed in a roomNursing homes across the country today have gained notoriety for multiple issues, all of which greatly impact the quality of care and overall well-being of residents. To help families better monitor a loved one, many families have looked into the possibility of installing granny cams.

Our attorneys at PKSD NM discuss granny cams in the article below, including some ways they can provide families with peace of mind. We also discuss whether they can be legally installed in New Mexico nursing homes.

Need legal help for a loved one injured by nursing home abuse or neglect? If so, our experienced nursing home abuse attorneys in Santa Fe are prepared to help.

Request a FREE case review today. 505-677-7777

What Is a Granny Cam?

A granny cam is a live-feed video camera that people install to monitor the well-being of an elderly family member in long-term care. These cameras are particularly useful for those who cannot visit their loved ones daily, providing real-time surveillance to ensure their safety and proper care.

Is It Legal To Install Granny Cams in New Mexico Nursing Homes?

Yes, it is legal to install granny cams in New Mexico nursing homes. New Mexico passed a law in 2020 that allows the installation of electronic monitoring devices, including granny cams, in nursing home residents’ rooms. Under this law, New Mexico’s Patient Care Monitoring Act, specific requirements and consent provisions must be met:

  • Obtain Resident Consent: The resident must consent to the installation of the camera. If the resident is unable to consent, their legal representative must provide consent on their behalf.
  • Roommates Must Consent: If the resident has a roommate, the roommate (or their legal representative) must also consent to the installation of the camera.
  • Notify the Facility: The facility must be notified of the intention to install the camera.
  • Provide proper notice: The facility must post a sign at the entrance of the resident’s room indicating that electronic monitoring is in use.
  • Cover related costs: The costs of installing and maintaining the camera are typically the responsibility of the resident or their family.

These regulations may seem restrictive. However, the aim is to give families a means to better monitor loved ones while also protecting the privacy rights of residents and their roommates.

What Are Reasons You May Want To Install a Granny Cam in Your Loved One’s Room?

There are several reasons you may want to install a granny cam in your loved one’s room in a nursing home:

Ensuring Safety of a Loved One

Having a granny cam in your loved one’s room or assisted living quarters can help you monitor for falls, accidents or other hazards. Being able to monitor in this way can help you track any incidents not promptly addressed by facility staff.

Monitoring Quality of Care Provided

A monitor can help you discover whether your loved one is receiving proper care, such as when your loved one:

  • Needs assistance to get to the toilet or help with bathing
  • Presses the call light due to pain, illness or some other issue
  • Requires assistance with transferring into or out of a wheelchair
  • Other instances where proper care is not provided in a timely manner

Detecting Abuse or Neglect

Nursing homes have come into the limelight in a bad way since the onset of the pandemic. Longstanding issues, such as staffing shortages, medication errors, physical or verbal abuse, and improper response to injuries create significant risk of harm to residents. Having a monitor can help families to catch signs of abuse, neglect and other mistreatment early on. It can also help loved ones to identify the perpetrator from the beginning, which can greatly aid timely intervention.

Give Families More Peace of Mind

Some families are unable to live close to loved ones living in nursing homes. This means they may often be unable to visit or see their family members regularly. This can cause a lot of anxiety. Being able to monitor them regularly helps provide reassurance that a loved one is safe and well-cared for.

Useful When Communicating With Nursing Home Staff

Granny cams facilitate better communication with the nursing home staff when family members can provide visual evidence of issues or concerns that need to be addressed

Provides Documented Evidence

It is difficult to dispute real-time video footage of mistreatment, abuse or neglect. Having this record can be useful for discussions with nursing home management or for legal purposes, if it becomes necessary.

Enhanced Transparency

Being able to monitor a loved one, especially since the nursing home is aware of it, may foster a more transparent environment. One would also hope that it can help to improve the overall quality of care provided to your loved one and other residents.

What Privacy Issues To Be Aware of Prior To Installing Granny Cams

The most important issue to remember is how your loved one may feel about having a granny cam installed, or at least where it is installed. Some key privacy concerns that come into play when installing any type of surveillance video includes:

  • Right of your loved one or a roommate’s desire for privacy when bathing or dressing
  • A family member or a roommate who does not want to be monitored at any time
  • Private conversations you have with your loved one or which other visitors may have
  • Consensual relations your family member may wish to have in private
  • Private conversations your family member or loved one may wish to have protected

Do You Wish To Discuss a Potential Case of Nursing Home Abuse or Neglect? Call PKSD Today

PKSD NM brings decades of experience in handling nursing home injury cases for elderly residents. Our knowledgeable nursing home abuse lawyers are dedicated to holding negligent parties accountable.

If your loved one is harmed in a nursing home due to nursing home abuse or neglect, we are prepared to help you.

Worried about cost? There are no upfront costs to pay. We take nursing home abuse and neglect cases on contingency. This means we only get paid if we win your case. This success could be through an agreed upon settlement or jury-awarded verdict.

Not sure if you have a case? We offer a completely free and confidential initial case review. If you do not have a case, we will be honest with you.

Deadlines apply in New Mexico, as in every state. Attorneys need time to gather evidence and build a strong case on your behalf.

Call PKSD NM today. We are here to help you. 505-677-7777

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