For our Assisted Living Center Members: From the Bureau of Assisted Living – Guidance on the Use of Electronic Recording, Video Monitoring or Filming Equipment – Please Review Carefully

Below please find long-awaited and very important guidance from the Wisconsin Bureau of Assisted Living (BAL) on the use of electronic recording, video monitoring and filming equipment and devices in the assisted living setting including adult family homes (AFH), community based residential facilities (CBRF) and residential care apartment complexes (RCAC). As you review this important guidance, please keep several important things in mind:

• This document presents guidance only. It is not a regulation. It is not a statute.
• When considering the use of electronic, video or filming technology, whether facility or resident/legal representative initiated, it is very important to keep two things in mind:
  • The right to privacy for all of your residents or tenants;
  • The health, safety and welfare of all of your residents or tenants.
• A family member is not necessarily the resident or tenant’s legal representative. The guidance is clear that, “The decision to implement monitoring equipment is that of the resident, tenant or legal representative. A family member cannot implement its use without the agreement of the resident, tenant or legal representative.”
• At times, a request or decision involving the use of electronic, video or filming technology is not clear-cut given the important resident/tenant privacy, and health, safety and welfare priorities mentioned above. As such, do not hesitate to contact your BAL Regional Director and/or the Ombudsman’s office for discussion and guidance. The contact information for both resources is set forth in this BAL guidance below.

Questions or Feedback? Do not hesitate to contact Eric, ekoch@whcawical.org , or Rick, rick@whcawical.org . We always welcome the opportunity to assist and we want to pass along suggestions to BAL for improving this guidance.

Guidance for the use of Electronic Recording, Video Monitoring, or Filming Equipment

As part of the Division’s commitment to Teach, Learn and Collaborate, the Division of Quality Assurance (DQA), has published the following webpage regarding the use of electronic recording, video monitoring, or filming equipment in Adult Family Homes (AFHs), Community-Based Residential Facilities (CBRFs), or Resident Care Apartment Complexes (RCACs). In response to questions and concerns that continue to arise during compliance surveys, DQA provides guidance on the use of electronic recording or video monitoring or filming equipment in assisted living facilities. This webpage focuses on the impact of technology, such as electronic recording, electronic video monitoring, or filming on residents’ and tenants’ right to privacy in their homes.

The webpage addresses the following:

• The permissible and impermissible circumstances and locations for provider-initiated technology including electronic video monitoring, electronic recording, or filming under existing Wisconsin Statutes and Administrative Rules.
• The permissible voluntary uses of technology including electronic video monitoring, electronic recording, or filming when initiated by the resident or tenant, and/or legal representative, including the basis for adding a monitoring device when a person has an activated power of attorney for health care.
• Click the following link to access the webpage: Guidance for the use of Electronic Recording, Video Monitoring, or Filming Equipment

Electronic recording, video monitoring, or filming initiated by the provider in areas of a facility that would infringe upon resident or tenant privacy rights will result in violations of the residents’ or tenants’ right to privacy. The department may impose sanctions as a result of these violations.

If you encounter a unique situation or have any other questions, please contact your Assisted Living Regional Director (ALRD) in BAL to determine if a waiver or variance request is needed. Additional information about the waiver or variance process and specific to technology can be found on the Waivers, Approvals, Variances, and Exceptions: Assisted Living webpage.

The ALRD contacts can be found on our Division of Quality Assurance: Bureau of Assisted Living Regional Offices webpage.

The Board on Aging and Long-Term Care (BOALTC) offers resources related to electronic monitoring and residents’ and tenants’ rights. To consult with an ombudsman or to request written information, contact BOALTC at 1-800-815-0015 or visit their webpage.

Providers are also advised to consult with their own legal counsel regarding these issues.