Law Allowing Electronic Monitoring In Illinois Nursing Homes

An Illinois bill to allow video surveillance cameras was discussed in the February 15, 2015 post, titled “Illinois Bill To Allow Nursing Home Surveillance Cameras.”

On August 21, 2015, Illinois House Bill 2462 was signed into law by Governor Rauner.  The law allows residents and their families to place video or audio monitoring devices in resident rooms, subject to various conditions.  The law takes effect January 1, 2016.

The law and its various conditions and provisions are discussed in a variety of media sources.  Three of these sources include the August 23, 2015 thetelegraph.com article titled “Bill to allow monitoring in nursing homes now law,” as well as the August 21 Chicago Tribune article titled “Rauner signs bill allowing nursing home residents to install cameras” and the August 25 AARP press release titled “Bill Allowing Electronic Monitoring In Nursing Homes Signed Into Law.”

Many people have advocated for the ability to legally use video surveillance systems in Illinois nursing homes in order to capture and/or deter potential nursing home abuse and neglect.  As well, the videos can potentially be used in any criminal charges or civil lawsuits.

An excerpt from The Telegraph article:

In drafting this legislation, Madigan cited an increasing need for additional safety measures at Illinois nursing homes as the state’s population continues to age. Currently, Illinois has more than 860 nursing home facilities with more than 76,000 residents. The U.S. Census Bureau also estimates that by 2030, 22.3 percent of Illinois’ population will be aged 60 and older, an increase of more than 28 percent from 2012.

Madigan noted that video and audio monitoring can be used as an added tool to help resolve disputes about suspected abuse or negligence. The Illinois Department of Public Health (IDPH) receives more than 21,000 calls annually and responds to approximately 5,000 complaints, the majority of which involve long-term care facilities. In 2013, the IDPH found 106 allegations of abuse, neglect, or misappropriation of property against residents by facility staff to be valid. In addition, the video and audio monitoring allowed by this law can be helpful to nursing homes by alerting them to employees who may be involved in abusive or unacceptable behavior, and allowing them to take disciplinary measures.

The article also summarizes the law’s main provisions.

Additional details can be seen in the sources mentioned above.

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Should someone you care for experience Illinois nursing home abuse or neglect or a nursing home accident – or suffer an injury at a similar health care facility such as an assisted living facility, retirement home, skilled nursing facility (SNF) or hospital – please contact the Elman Law Group at (773) 392-8182 to discuss the situation and to see if filing an injury lawsuit is warranted.  This no-obligation legal consultation is free and confidential.   

Elman Law Group’s Lead Attorney, Tony Elman, is a personal injury trial lawyer.  Over the last 20+ years Elman Law Group has handled over 10,000 Illinois personal injury lawsuits.

During this 20+ year period, Elman Law Group has built a reputation for its courtroom trial performance, including getting large verdicts for smaller cases.

To speak directly to Tony Elman, Lead Attorney of the Elman Law Group, call (773) 392-8182 at any time.  This legal consultation is free and confidential.   Elman Law Group works on a “contingency” basis…Elman Law Group’s clients never pay a fee unless and until they receive monetary compensation. 

Elman Law Group, LLC handles Chicago area and other Illinois personal injury lawsuits as well as wrongful death lawsuits.