FHCA Addresses Concerns Over Resident Privacy, Respect and Dignity Being Affected by ‘Electronic Monitoring Device’ Legislation

TALLAHASSEE, FL – Jen Lawrence, Vice Chair of the Florida Health Care Association Senior Clinicians Council and Chief Nursing Officer with Aston Health, testified today before the House Health Care Facilities & Systems Subcommittee on HB 223 by Rep. Susan Placensia (R-Winter Park), which would allow for electronic monitoring devices in the residents' rooms of long term care facilities. Lawrence expressed that the legislation needs further scrutiny and consideration for the protection of residents' dignity and privacy, including the potential for violating HIPAA or discussions about deeply personal financial or legal circumstances. 

"We all agree that the safety and well-being of the residents entrusted to our care is our highest priority. But equally important must be their dignity, their respect, and their right to privacy, which is enshrined in state and federal statutes," said Lawrence. "Cameras observe, but they cannot actively protect."

Lawrence, who has been a nurse for more than 30 years and whose mother is now a nursing center resident, spoke to the potential for cameras to capture residents in their most intimate moments – while they’re changing, receiving bed baths or care for incontinent episodes, or undergoing medical treatments. "These are activities that I don't believe any of us would want captured on camera," Lawrence said. 

Lawrence noted the concerns in situations where residents have roommates, when there is nothing to prevent a camera from recording that roommate's private conversations. "These conversations could violate HIPAA, such as a physician reviewing a medical diagnosis or conducting a bedside therapy session, or discussions about financial or legal circumstances, like a change in power of attorney. Even conversations with clergy have the potential to be recorded," Lawrence continued.

Lawrence also addressed how the bill does not establish any safeguards for where these videos are to be stored, or who would have access to them. She raised concerns over language in the bill that would require centers to make attempts to transfer a resident to another room if the roommate refuses to consent to a camera, speaking not only to the disruption this would cause to the resident's living situation but also the challenge that centers could face if no available beds were available to which a resident could be transferred. With nursing centers across Florida at almost 90% occupancy, this scenario is a real possibility.

Lawrence shared FHCA's concerns with the bill, reminding lawmakers that, "in Florida, we’ve worked hard to give our residents a home-like environment that prioritizes person-centered care. We must maintain a thoughtful approach to ensuring that residents are well cared-for while preserving their privacy and dignity."

Florida Health Care Association has been carefully reviewing the bill’s privacy and logistical implications and is committed to working with Rep. Placensia to ensure that residents' dignity and privacy are protected. While FHCA opposed the bill in its current form, the bill passed. HB 223 moves next to the House Judiciary Committee for consideration.

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FOR IMMEDIATE RELEASE
February 20, 2025

PRESS CONTACT:
Kristen Knapp, APR
850-510-4389 or kknapp@fhca.org