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At a minimum, a LTC resident and their roommate have a right to privacy in their room, and their consent to the installation of a granny cam is required.Beyond this, a LTC facility's obligations under HIPAA may be implicated by the installation of granny cams in residents' rooms.

Many states have attempted to pass legislation on the issue, but only a handful have succeeded, including, for example, New Mexico and Texas.Use of hidden cameras in nursing home facilities, referred to as "granny cams," in an attempt to thwart nursing home abuse is not uncommon.The New York Times recently ran a piece outlining how attorney generals in various states, including New York, have often relied on the use of these cameras to provide evidence of abuse.Also, certain granny cam interceptions can violate wiretapping and electronic surveillance statutes.Finally, it is demoralizing to caregivers and hurts the morale of the team.These facts taken together strongly support the proposition that states are free to decide for themselves whether nursing homes may prohibit the installation of granny cams in residents' rooms.