By Jonathan M. Ashton, Partner
Gallon, Takacs & Boissoneault Co., L.P.A.
When a loved one enters a nursing home, families trust that the people responsible for their care will treat them with dignity, compassion, and respect. But families cannot be there every hour of the day. When unexplained injuries, changes in behavior, or concerns about neglect arise, some families turn to cameras to help understand what is happening when they are not present.
But what happens when the nursing home tells you the camera is not allowed? Can the facility demand that you remove it? And what happens if the camera has already recorded an incident involving your loved one?
Under Ohio’s Esther’s Law, a nursing home generally cannot prohibit a properly authorized camera simply because the facility has a policy against electronic monitoring. Ohio Revised Code Sections 3721.60 through 3721.67 establish the rights of residents to authorize electronic monitoring in qualifying long-term care facilities, along with important requirements involving consent, privacy, and the use of recordings.
The law does not give families unrestricted permission to record. However, a facility’s internal policies do not automatically override a resident’s rights.
For families concerned about nursing home abuse or neglect, understanding these protections can make an important difference.
“If a family tells us that something happened to their loved one and they have it on video, I ask them to keep the video and let us apply the law so we can use it to the fullest extent possible to secure justice for their loved one.” – Jonathan M. Ashton, Personal Injury Attorney and Partner, Gallon, Takacs & Boissoneault
What Is Esther’s Law in Ohio?
Esther’s Law is an Ohio law that allows residents of qualifying long-term care facilities to authorize electronic monitoring devices in their rooms. Its purpose is to provide residents and their families with another way to monitor care while protecting the privacy and rights of everyone involved.
Under Ohio Revised Code Section 3721.60, electronic monitoring devices may include fixed-position video cameras, audio recording equipment, or devices that combine both functions.
A camera may help families understand what happens when they cannot be physically present. For example, it could capture a fall, document how a resident is assisted into bed, or provide information about an incident that the resident is unable to explain.
This can be especially meaningful when a resident has difficulty communicating because of dementia, a medical condition, or another limitation.
Esther’s Law recognizes that residents have an interest in monitoring their own care. It establishes requirements for authorization, roommate consent, device costs, access to recordings, and protections against retaliation.
The law is not permission to disregard the privacy of other residents or staff. Rather, it provides a legal framework for electronic monitoring that balances safety, privacy, and residents’ rights.
What Are the Requirements for Installing a Nursing Home Camera?
Under Ohio law, a nursing home resident may authorize electronic monitoring in their room, but specific requirements must be satisfied before a device is installed or used.
1. The Resident or an Authorized Representative Must Approve the Camera
Ohio Revised Code Section 3721.61 allows a resident to authorize electronic monitoring. The resident’s legal guardian or attorney in fact may also provide authorization.
For purposes of Esther’s Law, an attorney in fact is a person designated under a durable power of attorney for health care.
Being a resident’s adult child, spouse, or next of kin does not automatically mean that someone has legal authority to authorize recording.
If your loved one cannot make this decision independently, determine who is legally authorized to act on their behalf before installing a device.
2. Complete the Nursing Home’s Required Authorization Form
Ohio law allows a long-term care facility to prescribe a form for residents who wish to use electronic monitoring. If the facility has prescribed such a form, the resident or authorized representative must complete and submit it.
Under Ohio Revised Code Section 3721.63, the form must include certain information, including authorization to use the device, information about the equipment, and applicable roommate consent.
The statute also requires a provision releasing the facility from liability for a violation of the resident’s right to privacy connected with use of the device.
Families should carefully review the form, ask questions about provisions they do not understand, and retain a copy for their records.
Keeping documentation is particularly important if the facility later questions whether the camera was properly authorized.
3. A Roommate Must Consent to Monitoring
If your loved one shares a room, the other resident’s consent is required before a camera can be installed or used.
The roommate, or their guardian or attorney in fact, may also establish conditions on the monitoring.
For example, the roommate may require the camera to be positioned away from their bed or prohibit certain recording functions.
Those conditions must be followed.
If a roommate refuses consent, Ohio Revised Code Section 3721.62 requires the facility to make a reasonable attempt to accommodate the resident requesting monitoring by moving either resident to another available room, with the required consent.
This does not guarantee that the resident will receive a private room. However, the facility cannot simply ignore the accommodation requirements established by the law.
A roommate may also withdraw consent at any time, which could require the monitoring arrangement to change.
4. The Resident Is Responsible for Equipment Costs
Ohio law places responsibility for purchasing, installing, maintaining, and removing the monitoring equipment on the resident or the resident’s authorized representative.
The statute specifically excludes the cost of electricity from those expenses.
Families should understand the costs and technical requirements of their equipment before installation.
Can a Nursing Home Demand That You Remove a Camera?
Under Ohio’s Esther’s Law, a nursing home cannot force a resident to remove a properly authorized camera simply because the facility has a policy against recording. State law protects a resident’s right to electronic monitoring, and a nursing home’s internal policies cannot override those protections.
However, nursing homes can question whether a camera meets the law’s requirements. For example, the facility may raise concerns if the resident or their legal representative has not authorized the camera, a roommate has not consented, or the installation violates agreed-upon privacy conditions. These are legitimate issues that families may need to address.
If a nursing home tells you to remove your loved one’s camera, start by asking the administrator to explain why. Request a written explanation that identifies the specific legal concern, and keep copies of your authorization forms, emails, and conversations with the facility. This documentation can become important if the disagreement continues or your loved one later experiences an injury.
The key distinction is whether the facility has identified an actual legal issue or simply objects to being recorded. While Esther’s Law protects authorized monitoring, that protection does not mean every camera installation automatically complies with Ohio law.
If the nursing home continues to demand removal and you believe the camera meets the legal requirements, an attorney can review the circumstances, explain your loved one’s rights, and help determine the appropriate next steps.
Does HIPAA Prohibit Cameras in Nursing Home Rooms?
HIPAA does not automatically prohibit residents from having cameras in their nursing home rooms. Under Ohio’s Esther’s Law, residents have the right to authorize electronic monitoring when they meet the legal requirements. However, nursing homes must also protect residents’ privacy, which can create confusion about how the two laws work together.
The Health Insurance Portability and Accountability Act (HIPAA) regulates how healthcare providers and other covered entities handle protected health information. As the U.S. Department of Health and Human Services explains, HIPAA establishes privacy obligations for healthcare organizations, including many nursing homes. However, it does not give facilities blanket authority to prohibit cameras that comply with Ohio law.
Privacy concerns can still arise, particularly when a camera captures another resident, records sensitive medical information, or someone shares footage without proper authorization. Esther’s Law addresses many of these concerns by requiring appropriate authorization, roommate consent, and compliance with any conditions placed on recording.
If a nursing home claims that your loved one’s camera violates HIPAA, ask the administrator to identify the specific privacy concern and explain how the recording violates applicable law. Simply citing HIPAA does not establish that the facility has the legal right to remove an otherwise properly authorized camera.
Understanding the difference between legitimate privacy concerns and a facility’s general objection to recording can help families protect their loved one’s rights while respecting the privacy of others.
Can Nursing Home Staff Turn Off or Tamper With a Camera?
Ohio law protects residents who use authorized electronic monitoring devices by prohibiting others from intentionally interfering with the equipment or its recordings. Under Ohio Revised Code Section 3721.66, nursing home staff and other individuals generally cannot intentionally obstruct, tamper with, or destroy a monitoring device or its recordings without proper authorization.
Families may have reason for concern if someone repeatedly unplugs a camera, deliberately blocks its view, or interferes with recorded footage. These actions can prevent a camera from documenting the care a resident receives, particularly during times when family members cannot be present. However, not every interruption indicates misconduct. Equipment malfunctions, internet outages, and technical problems can also disrupt recordings, so families should investigate the circumstances before assuming someone intentionally interfered with the device.
If you suspect nursing home staff have tampered with your loved one’s camera, document what happened as soon as possible. Record the date and time, preserve any available footage, and ask the facility to explain the interruption. Keep copies of your communications with administrators, particularly if similar incidents continue or the facility provides inconsistent explanations.
When a camera stops recording around the time of an unexplained injury or suspected neglect, preserving evidence becomes especially important. An attorney can review the circumstances, determine whether the interference may violate Esther’s Law, and evaluate how the missing footage could affect a potential nursing home injury or neglect claim.
Can a Nursing Home Retaliate Against a Resident for Having a Camera?
Ohio law prohibits nursing homes from retaliating against residents who exercise their right to electronic monitoring. Under Ohio Revised Code Section 3721.65, a facility cannot deny admission, discharge a resident, or discriminate against someone for authorizing a camera in their room. These protections allow residents to exercise their rights without fear of losing their care or housing.
Families may worry that requesting a nursing home camera could change how staff treat their loved one. For example, an administrator might threaten discharge after a camera request, or a resident might experience a noticeable decline in care once monitoring begins. Such actions may raise concerns about retaliation under Esther’s Law. However, determining whether the facility violated the law requires examining its actions and the reasons behind them.
If you suspect nursing home retaliation, document each incident as soon as possible. Save written notices, record conversations with administrators, and note any changes in your loved one’s care. Keep track of dates, witnesses, and statements that connect the facility’s actions to the camera. These details can help establish a timeline and support a potential legal claim.
Families should not have to choose between protecting their loved one’s safety and exercising their legal rights. If a nursing home threatens discharge, changes a resident’s care, or takes other adverse action because of authorized electronic monitoring, an attorney can investigate the circumstances. They can also explain your rights under Ohio’s Esther’s Law and determine whether the facility’s conduct supports legal action.
What If a Camera Records Nursing Home Abuse or Neglect?
Video footage can provide valuable evidence when a nursing home resident suffers an unexplained injury or experiences suspected abuse or neglect. For families, one of the most difficult parts of these situations is not knowing exactly what happened, especially when their loved one cannot communicate clearly or remember the incident. Nursing home staff may offer incomplete explanations, or family members may receive conflicting accounts from different employees, leaving them with more questions than answers.
A camera recording may help establish what happened before, during, or after an incident. For example, footage could show a resident falling while attempting to get out of bed without assistance, staff failing to respond to repeated calls for help, or an injury occurring differently from how the facility initially described it. These recordings can raise important questions about whether the nursing home provided appropriate supervision, followed the resident’s care plan, and took reasonable steps to prevent injuries.
Can Nursing Home Camera Footage Help Prove Negligence?
Video footage can help establish nursing home negligence, but a recording alone does not automatically prove that the facility violated its duty of care. Establishing legal responsibility generally requires showing that the nursing home failed to provide appropriate care and that the failure caused harm to the resident.
Our nursing home abuse lawyers help families investigate serious injuries and suspected neglect involving preventable falls, fractures, pressure ulcers, dehydration, infections, and other failures in care. An attorney may review camera footage alongside medical records, nursing notes, care plans, incident reports, staffing records, and witness statements to understand what occurred.
When a recording contradicts the nursing home’s explanation or reveals that staff failed to follow established safety procedures, it may become important evidence in an injury or neglect claim. Preserving that footage gives families a better opportunity to understand what happened and determine whether the facility should be held accountable.
What Should You Do With Video Footage After an Incident?
If a nursing home camera records a suspected injury, abuse, or neglect, save the original footage immediately. Many security cameras automatically overwrite older recordings after a set period, so waiting too long could mean losing valuable evidence. Taking the right steps early can help protect the recording and strengthen a potential nursing home negligence claim.
Families should take the following precautions:
- Preserve the original recording. Download the footage as soon as possible and keep the original file unedited. Avoid trimming or altering the video, even if only part of the recording shows the incident.
- Create secure backups. Save additional copies on a secure external drive or cloud storage account to prevent accidental loss or deletion.
- Document the recording. Record the date, time, camera location, and circumstances surrounding the incident. Keep any communications with nursing home staff about what happened.
- Avoid sharing the footage publicly. Posting videos on social media can raise privacy concerns and potentially complicate an investigation or legal claim.
- Consult an attorney before surrendering footage. If the recording shows possible abuse, neglect, or an unexplained injury, an attorney can review the evidence and advise you on how to protect and use it.
Even if you are unsure whether your camera complied with every requirement of Ohio’s Esther’s Law, do not delete the recording or assume you cannot use it. Preserve the original footage and let an attorney evaluate its legal significance. The video may provide important evidence of what happened to your loved one and help determine whether the nursing home failed to provide appropriate care.
Common Mistakes Families Should Avoid When Using Nursing Home Cameras in Ohio
Installing a nursing home camera can give families greater peace of mind, but failing to follow Ohio’s Esther’s Law can create legal problems. Before installing a camera, families should understand the authorization requirements, roommate privacy rights, and how their recording equipment works. Taking these precautions can help protect their loved one’s rights and preserve important evidence if an injury occurs.
One common mistake is assuming that any family member can authorize a camera. Under Esther’s Law, the resident, their legal guardian, or a qualifying attorney in fact must approve electronic monitoring. Families must also obtain roommate consent when the resident shares a room and follow any conditions the roommate places on recording. Skipping these steps can lead to disputes with the nursing home and raise questions about whether the monitoring complies with Ohio law.
Another mistake involves failing to understand how the camera stores recordings. Some devices record only when they detect motion, while others automatically overwrite older footage. Families should check their equipment’s settings, understand how long recordings remain available, and know how to save important files. Otherwise, they could lose footage that documents an unexplained fall, suspected abuse, or nursing home neglect.
Families should also avoid relying solely on video evidence when a loved one suffers an injury. Prompt medical attention, photographs of visible injuries, medical records, and written communications with nursing home staff can help establish what happened. These records, combined with camera footage, may provide a clearer picture of whether the facility failed to meet its responsibility to provide appropriate care.
A nursing home camera can help families monitor a loved one’s safety, but it cannot replace proper medical care or a thorough investigation. Families who suspect serious harm can learn more about nursing home abuse and the legal options available to injured residents.
Frequently Asked Questions About Nursing Home Cameras in Ohio
Can I put a hidden camera in my parent’s nursing home room?
Ohio’s Esther’s Law establishes a process for authorized electronic monitoring, including facility forms when prescribed and roommate consent when required. Families should not assume that a hidden camera automatically complies with these requirements. The legality of a particular setup depends on how the monitoring was authorized, the recording circumstances, and other applicable laws.
Can a nursing home charge extra fees for a camera?
Ohio law requires the resident or authorized representative to pay for the equipment and its installation, maintenance, and removal, excluding electricity. The law does not expressly address every possible additional fee a facility might seek to impose. If you are asked to pay an unexpected charge, request an explanation in writing.
What happens if a roommate changes their mind about being recorded?
Under Ohio Revised Code Section 3721.62, a roommate may withdraw consent at any time. Families should promptly discuss the monitoring arrangement with the facility. Depending on the circumstances, changes to the camera setup or room arrangements may be necessary.
Can nursing home employees watch recordings from a resident’s camera?
Ohio Revised Code Section 3721.66 limits who may intentionally view or listen to recordings from an authorized monitoring device. The law permits viewing by the resident, the resident’s guardian or attorney in fact, and law enforcement personnel. The resident or authorized representative may also authorize others to access the footage. Nursing home employees do not automatically have unrestricted access simply because the recording occurred inside the facility.
Can nursing home camera footage be used in a lawsuit?
Potentially, yes. Video footage may help establish important facts in a nursing home injury, abuse, or neglect lawsuit. Whether a particular recording is admissible depends on how it was obtained, applicable evidence rules, and the circumstances of the case.
What should I do if a nursing home tells me to remove a camera?
Ask the facility to identify the specific legal reason for its request. Review your authorization documents and any roommate-consent conditions. Preserve communications with the facility and consult an attorney if you believe the request conflicts with rights established under Esther’s Law.
Protecting Your Loved One’s Rights When Nursing Home Care Raises Concerns
Families trust nursing homes to provide safe, compassionate care for their loved ones. When an unexplained injury, suspected neglect, or questions about a resident’s treatment arise, families deserve answers. Ohio’s Esther’s Law helps protect residents by allowing authorized electronic monitoring and prohibiting certain forms of interference, discrimination, and retaliation. These protections give families another way to monitor care and document concerns when they cannot be present.
However, a camera alone cannot determine whether a nursing home has met its legal responsibilities. If your loved one suffers an injury or you suspect abuse or neglect, an attorney can review the circumstances, evaluate video footage and medical records, and identify potential failures in care. Even when a facility disputes the legality of a recording, preserving that evidence may help establish what happened and whether the nursing home bears responsibility.
For more than 70 years, Gallon, Takacs & Boissoneault Co., L.P.A. has represented injured individuals and families throughout Northwest Ohio. Our personal injury attorneys understand the challenges families face when they suspect nursing home negligence. Our team works to investigate injuries, preserve critical evidence, and pursue accountability when a facility’s failure to provide appropriate care causes harm.
If you have concerns about nursing home abuse, neglect, an unexplained injury, or video footage that may help document an incident, contact Gallon, Takacs & Boissoneault at 419-843-6663 or through our online contact form. We offer a free initial consultation to help you understand your legal options and determine the next steps toward protecting your loved one.
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Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
