Mary Madison, RN, RAC-CT, CDP
Clinical Consultant – Briggs Healthcare
Minnesotans residing in nursing homes, boarding care homes, housing with services establishments with assisted living designation or special dementia units, and assisted living facilities (on or after August 1, 2021) have the choice to electronically monitor their activities as part of Minnesota’s Electronic Monitoring Law.
Electronic monitoring is the placement of a camera, audio recorder, or video streaming device in a resident’s room or private living unit to help the resident or representative monitor the resident or their activities. As part of the Elder Care and Vulnerable Adult Protection Act of 2019, the electronic monitoring law is one of a series of protections for elderly and vulnerable Minnesotans that took effect January 1, 2020.
Before placing an electronic monitoring device, a resident or resident’s representative must:
- Give written consent.
- If they have a roommate, get written consent from the roommate or the roommate’s representative.
If the resident lacks capacity to make decisions, the law allows for resident representatives to make the electronic monitoring decision on behalf of the resident. The law also prohibits persons from knowingly interfering with electronic monitoring under certain circumstances.
Facilities must make the consent forms available to the residents and inform residents of their option to conduct electronic monitoring.
You need to notify facility staff before placing a video camera or recording device. There are situations, however, such as fear of retaliation, where you can use an electronic monitoring device for 14 days without notifying the facility.
Further instructions are included on each of the consent forms:
- Resident Consent Form (PDF) 1/20/20
- Resident Representative Consent Form (PDF) 1/20/20
- Roommate Consent Form (PDF) 1/20/20
- Roommate Representative Consent Form (PDF) 1/20/20
The types of facilities covered by the Electronic Monitoring Consent law include:
- Nursing homes under Minnesota Statutes, chapter 144A.
- Boarding care homes under Minnesota Statutes, sections 144.50 to 144.56.
- Through July 31, 2021, housing with services establishments registered under Minnesota Statutes, chapter 144Dthat have an assisted living designation as described in Minnesota Statutes, chapter 144G or have a disclosed special unit under Minnesota Statutes, section 325F.72.
- Assisted living facility on or after August 1, 2021.
More information, including an Informational Bulletin and contacts that can answer questions is found here.