Care facility residents may record their rooms under privacy rules

Facilities must permit a resident or representative to record the resident’s room with an authorized device. This applies in skilled nursing, basic care, assisted living, and approved swing-bed hospitals furnishing long-term care. The device must stay in a fixed position, record only the resident’s area, and protect the resident’s privacy and dignity. The facility must receive written notice and an installation plan. The resident or representative pays related costs other than electricity. Each roommate must sign consent and a health information release, or have a representative sign. A roommate may withdraw consent in writing. The facility must cooperate unless doing so would place an undue burden on it.

Facilities may not deny admission or remove a resident because the resident’s room is being recorded. This applies to facility applicants and residents when authorized room recording is involved. A person may not intentionally retaliate or discriminate against a resident for authorizing recording.

Facilities must provide residents with a statement of rights and follow the rights and notice rules described here. These requirements apply to facilities serving residents, including when they hold a resident’s funds or transfer or discharge a resident. Facilities must give the rights statement at admission, explain it within 30 days, and explain it yearly while the resident stays. Residents or their representatives must receive 30 days’ notice of service cost or availability changes. When a facility holds a resident’s funds in trust, it must provide quarterly accounts and pay specified refunds within 30 days. Transfers or discharges generally require 30 days’ written notice; shorter notice is allowed for urgent medical needs or to protect health and safety. Rights must be explained within 30 days after admission and yearly after that. Cost or service changes require at least 30 days’ notice; specified refunds are due within 30 days.