Futterman, Sirotkin And Seinfeld, LLP
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Are nursing home cameras legal in New York?

On Behalf of | Feb 25, 2016 | Nursing Home Neglect |

If you have a loved one who lives in a New York nursing home or other type of care facility, you may be wondering about things you can do to ensure that your elderly patient receives the best possible care. Some people are implementing nursing home cameras to help with this issue. With this type of video surveillance, patients and their families can document everything that occurs in their private spaces. While many states currently have laws addressing the legality of nursing home cameras, New York currently does not. There are also no federal laws that prohibit their use or force nursing homes to comply with requests for installation of these devices.

If you attempt to put a camera in your loved one’s private space at a nursing home, the staff there may try to prevent the installation. With no laws to turn to, it is usually up to the care facility to decide whether or not they allow you to use a recording device. Additionally, your nursing home may put specific restrictions on any devices they do approve. This could include the times the camera can be active and whether or not visitors must be made aware of the device and give consent prior to being videotaped.

According to The Pew Charitable Trusts, New York wiretapping laws may also make it illegal for these devices to include sound recording. The issue also becomes even more intricate if your loved one currently shares a room with another patient. Ultimately, New York nursing home residents who are denied the right to use cameras in their private spaces may be forced to find another care facility that will allow them to do so. This information is intended to be for educational purposes only and should not be mistaken for legal advice.