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My mother in law has gone through multiple seizures and broken bones from a fall that landed her in a nursing home. She is still not fully recovered mentally but feels safe having a family member on her cell phone or recording audio if she can’t connect with a family member while being cared for. It’s not only to prevent abuse but mostly to remember things. The facility said she cannot record while care is given to protect the aides providing the care.


My question is why would the aides have the need for “protection” while providing care? If someone was on the phone it keeps her calm and that should be what’s best. I’d like to find some law either way that shows what’s allowed and what’s not. Thanks

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Thats for recording but if a family is at the other end than its like them being there. So, is that against the "law"?
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worriedinCali Nov 2019
Yes it’s against the law because it’s not the family being recorded. It’s the mother and the caregiver being recorded. They need the consent of mom & everyone who comes in to take care of her.
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In Louisiana it is perfectly legal for us to record without consent. It depends on location. Same with cameras. Governor John Bell Edwards approved for cameras to be allowed in our nursing homes.

There are stipulations. The camera cannot be pointing towards the roommate sharing a room.
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The laws restricting recording of audio are stronger than those on video. That's why a lot of security cameras do not record audio.
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I was just informed by my mom's memory care facility that it will no longer have baby monitors in the rooms due to privacy issues

I balked at their excuse as they blamed it on a recent fire marshal exam - seemed out of their purview so I asked what licensing regs were? Got no response - shock n awe
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You never know how judges will rule in cases that go to court. It truly depends on which judge you get too. Recordings can backfire if a good attorney makes a strong case.

When I taught school moms and dads, even grandparents would record all kinds of stuff. It got really awkward. The cases went both ways, wins and losses due to a recording.

Even the principal’s meetings were recorded by parents. They were trying to dig up dirt to bring to court.
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I used to put speaker phone on for mom all the time. She was near deaf! No one should have an issue with her not hearing. If others need to hear a conversation that’s one way to do it. Would save you from having to repeat.
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I wonder if it makes a difference if your mother has a private room or shares a room. Also, what about "smart" devices like Alexa?
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DeanGriff Nov 2019
She is actually in a room with her sister. Is it convenient but both have hearing issues and In their 70s neither are tech savoy. We’ve found it’s easier if she calls a family member and leaves the phone on speaker. There’s no actual recording happening, it’s basically so we can make sure she really understands what’s been said. But also to make sure she’s receiving the care she deserves.

my main question is if that’s considered illegal. The facility doesn’t want her phone even in while care is given. So I was hoping someone knew laws covering this scenario. But without the “recording” aspect. We’re just listening in on how she’s being treated. And it’s just when she calls. Not like it’s a daily thing. Thank you all for your discussion :)
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I don’t even think about being recorded now because it’s so common here. I think people here become numb to it since it’s legal.

Cameras are everywhere. Does anyone pay attention to them? I don’t. Police officers wear body cams. Cameras in stores, banks, casinos, airports, private homes, nursing homes, anywhere here so our residents are desensitized to it.

Privacy is nice but those days are long gone. I don’t think there will come a day that we will be searched everywhere! I was listening to program on a public radio station with an FBI agent awhile ago. They were discussing school shootings and other public shootings.

A call in guest suggested that we all be searched before entering anywhere. The FBI agent said that would never happen, not only is it not practical but people want privacy. I don’t believe it would ever happen either.
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NeedHelpWithMom Nov 2019
That’s true, tacy. No one has true privacy now. I realize that but this call in guest was asking the FBI agent why can’t searches be done before entering any public facility. Gosh, would cost a bundle to hire people for all those searches and people would fight it. They would think it was too time consuming too and also scream that it was an invasion of privacy.

Our football games search everyone! All purses are throughly searched. Jazz fest, geeeeez, anyone could get by with weapons there, no thorough searches. Eh, they do search but not seriously.

There isn’t any true privacy online. I have had my gmail hacked. I know others that have too.

Some people are very dishonest too. A friend of mine kept getting strange charges on his credit card. He tracked it down to a restaurant he frequently ate at.

It was one of the employees at the restaurant who kept using his number to order online, pay cell phone bill, etc. How stupid is that? He had the items he ordered delivered to his home address. People are dumb!

Unfortunately, we have to keep tabs on everything.
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Would posting a sign informing others that recordings are being made comply with the consent laws?

Maybe the FBI could have the patients all wear a wire...no one would see it unless care was so excellent they were changing the patient's clothes.
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I think Pennsylvania is a "2 party consent" state so everyone would have to be notified that there is recording.
If the facility allows it a notice on the door informing anyone entering that they may be recorded might be acceptable.
Trust me at first people are nervous about being recorded but after a very brief time everyone forgets that there is recording
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