Oklahoma Bill to Help Prevent Nursing Home Abuse Goes to the Governor
A bill in Oklahoma that would place surveillance cameras in nursing homes, to help prevent nursing home abuse problems, is headed to Governor Mary Fallin’s desk.
On Monday, April 29th, Bill 587, aka the “Protect Our Loved Ones” Act, passed the Oklahoma Senate 44-0, with no debate. The measure allows a nursing home resident, or the resident’s legal representative, to place a surveillance camera in the room to monitor nurses, nurses’ aides, and doctors. The hope is that the measure can help prevent nursing home abuse in the future.
Consent would have to be given if the resident has a roommate, so as not to violate privacy laws. The cameras would also be at the resident’s expense.
The bill would also allow for surveillance cameras to be placed in common areas in nursing homes, and monitoring 24 hours a day over cell phones and other electronic devices.
“No person or entity shall intentionally hamper, obstruct, tamper with, or destroy an electronic monitoring device installed in a nursing facility,” the bill says.
Esther Houser, the Oklahoma state long-term care ombudsman, supports the measure. She says that the bill would make it illegal for nursing homes, which have become notorious for bad behavior in part because of their for-profit nature, to harass or deny admittance to a resident who wishes to place a surveillance camera in their room.
Originally, the bill was controversial because it could potentially violate patient privacy. However, after specific measures were added to the bill to ensure resident privacy, the bill gained more traction as a way to prevent nursing home abuse throughout Oklahoma.
3 Actions to Take Against Nursing Home Abuse
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, exploitation, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation.
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceedings:
1. an investigation and finding by an adult protective services agency or the regulatory agency for nursing homes (in South Carolina it is the Department of Environmental Control);
2. a civil cause of action for damages; and/or
3.a criminal prosecution.
These three types of proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the civil action is to seek compensation for damages; and the criminal prosecution is when the state seeks to punish the harmful conduct.
The Strom Law Firm Can Help with Nursing Home Abuse Cases
If your loved one has experienced nursing home abuse, neglect, or fraud, you should seek legal help immediately. The attorneys at the Strom Law Firm offer free, confidential consultations to discuss the facts of your case. Do not hesitate to contact us. 803.252.4800
