Dalton, GA asked in Consumer Law, Elder Law and Health Care Law for California

Q: Can assisted living facility in California refuse cameras in private quarters because employees do not want it.

I have contacted the Community Care division in Sacramento and was told it's my right to have cameras in his private room. After initially being told, the facility would submit a request for waiver they are now saying the employees at the facility will not agree and they have rights. I understood the law was created to protect elderly from employees potential abuse. I live in Georgia, my brother that lives in California and I share POA for my dad.

2 Lawyer Answers
Sally Bergman
Sally Bergman
Answered
  • Estate Planning Lawyer
  • San Mateo, CA
  • Licensed in California

A: Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Elder Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: In 2015, California’s Department of Social Services, Community Care Licensing (DSS/CCL) recently released a set of guidelines permitting assisted living facilities to use video surveillance in both common and private areas of facilities. Those guidelines describe the facilities' right to install video camera. The rules, as I understand them, do not describe a resident's right to video.

However, if the Community Care Division informs you that there is such a right, and your assisted living facility is denying you that right, file a complaint with the CCD. It should act to enforce its rules.

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