Uniondale, New York — When a nursing home resident can’t speak for themselves, some families are turning to small cameras to speak for them. But in New York, the law offers no clear answer on whether that’s even allowed — and two competing bills in Albany could decide the question before the year is out.
So-called “granny cams” — small surveillance devices placed by family members inside nursing home rooms — have become a flashpoint in long-term care. Seventeen states, including New Jersey, Connecticut, Illinois, and Texas, have enacted laws explicitly permitting the practice under certain conditions. New York has no such law, leaving families, facilities, and attorneys to navigate a murky legal gray area.
The issue gained renewed attention after a wave of abuse and neglect allegations surfaced at Long Island nursing homes, where facilities racked up more than $511,000 in fines from state and federal regulators last year. For many families, the question became immediate: what recourse do they actually have?
“The care and treatment in nursing homes has been on a downward trajectory ever since COVID,” said Frank DiScipio, an attorney at Duffy & Duffy in Uniondale. “In the event there was some mistreatment of my grandmother, what better evidence do I have, other than a granny cam?”
What the law actually says — and doesn’t say
New York is a single-party consent state, meaning you can legally record audio if one party in the conversation consents — typically the resident being recorded. Whether that principle extends to private video surveillance inside a nursing home is, legally speaking, an open question.
The state Health Department offered a carefully worded non-answer, saying only that “residents have the right to privacy and confidentiality in all aspects of care and services” and that any monitoring must be consistent with applicable laws. What those laws actually require wasn’t specified.
Two bills are now working through Albany. State Sen. Mario Mattera (R-Smithtown) has introduced legislation every session since 2017 that would allow patients or their families to install cameras at their own expense. A second bill from State Sen. Jessica Scarcella-Spanton (D-Staten Island) takes a narrower approach — permitting cameras that capture only a resident’s personal space, with written consent from any roommate and posted signage required.
Industry pushback — and a legitimate concern
The nursing home industry isn’t uniformly opposed to cameras, but it’s not enthusiastic either. Stephen Hanse, president and CEO of the NYS Health Facilities Association, said constant surveillance could undermine both resident dignity and staff privacy.
“Many residents require assistance with personal care, including dressing and hygiene,” he said. “Even with consent provisions, the presence of cameras could create an environment that undermines personal dignity and autonomy.”
Privacy advocates raise a related point: most nursing home residents share rooms, meaning a camera aimed at one resident’s bed could easily capture another’s private care. HIPAA concerns are real, not hypothetical.
“Hidden cameras should be used carefully; respectful of the individual and their dignity and privacy,” said Richard Mollot, executive director of the Long Term Care Community Coalition. He recommended that families avoid audio recording altogether, given how easily voices carry in shared spaces.
Families aren’t waiting
Some nursing homes already prohibit cameras through move-in agreements. Others have surveillance in common areas but none in rooms. Many facilities have no clear policy at all.
Attorney John Dalli, who handles nursing home abuse cases in Mineola, recommends that families inform the facility before installing a device — not because the law requires it, but because doing so reduces legal exposure and makes any footage easier to use as evidence.
Florida and Pennsylvania are also considering legislation. As the push for transparency inside nursing homes grows, New York’s silence on the issue is becoming increasingly hard to defend.
