Madigan proposes allowing cameras at nursing homes

Illinois Attorney General Lisa Madigan on Monday said she will push for legislation to allow video or audio recording devices to be placed in nursing home rooms to monitor patient treatment, calling it the "next line of defense" for the state's elderly residents.

The legislation, which Democratic state Sen. Terry Link of Waukegan said he'll sponsor, would require both resident and roommate consent for the monitoring devices to be installed. Residents or their families would be responsible for the devices purchase, installation and maintenance of cameras, and facilities would be prohibited from retaliating against those who used the devices.

"I'm not advocating for turning anyone's private life into a reality show," said Madigan, a Chicago Democrat, adding the plan would "give us peace of mind in circumstances where we can't physically go to the nursing home."

Madigan said her office fielded a host of complaints in recent months from nursing home residents and families concerned about safety and security.

Pat Comstock, executive director of The Health Care Council of Illinois, a nursing home lobbying group, said in a statement that she was "looking forward to working with our elected officials in reviewing data on this issue and making sure our residents are protected." While Comstock noted that "the safety of all our residents is of the highest priority," she also said that "privacy remains a serious concern."

Illinois would become the sixth state to allow electronic monitoring in nursing home patient rooms if the proposal becomes law. Texas, Oklahoma, New Mexico, Maryland and Washington state all have similar laws on the books.

Madigan's push follows several unsuccessful efforts to enact similar legislation in Illinois, with the nursing home industry lobbying forcefully against the bills, citing concerns over privacy and the potential effect on the retention of quality staff. She said the new proposal addresses some of the industry's concerns about privacy by asking residents and their families to decide whether to install the cameras and pay for them.

She was joined at the James R. Thompson Center podium by Howard Mendelsohn, an 88-year-old Chicago resident who approached Madigan with his observations about the nursing home care of other seniors while recovering from a fall during a recent nursing home stay.

Madigan's office said the need for monitoring is increasing as the state's population continues to age. More than 100,000 people live in more than 1,200 nursing homes in Illinois, Madigan's office said.

Recordings or tapes would be admissible as evidence in court and tampering or obstructing a recording would result in criminal charges, Madigan said.

A previous 2007 proposal by Link that would have established cameras in nursing home facilities, was later watered down to simply require the Department of Human Services to study the "current and potential uses" of video and audio recording devices. This time, Link said, he was confident that the legislature could pass a bill, despite the potential opposition and deep pockets of the nursing home lobby.

"It's the words and the way we phrase it in the legislation," Link said. "Let's put it this way. I've received donations from the nursing homes and I'll be the sponsor of this bill."

Link said he planned to introduce the legislation over "the next month or so."