Are Cameras Used in Illinois Nursing Homes?

Illinois law allows residents to install their own cameras in their personal space in the nursing home, provided they follow strict notice, consent, placement, and evidence preservation rules. By contrast, a facility is generally not allowed to install a camera in a resident’s private room. Read our guide below to learn more about the laws, regulations, and safety surrounding camera use in Illinois nursing homes.  

Are Cameras Legal In Illinois Nursing Homes? 

The Authorized Electronic Monitoring in Long-Term Care Facilities Act (Public Act 099-0430) authorizes “authorized electronic monitoring” in a resident’s room and sets the governing rules. These rules include the types of devices allowed, the documentation required for consent, and the use of recordings. This Act became effective on January 1, 2016, and the Department of Public Health (IDPH) published a standard Notification and Consent Form that facilities use to document authorized monitoring. 

Can The Nursing Home Add A Camera Or A Hidden Camera To A Resident’s Room? 

If the nursing home does not have the resident’s (or their caregiver’s) consent, then they cannot install a camera in a resident’s private room, as per Illinois law. However, the Authorized Electronic Monitoring Act is written to give residents (or their legal representatives) the right to place authorized monitoring devices in their own rooms after proper notice and consent. Neither the resident nor the nursing home can add any hidden cameras, as they must be visible. 

Where Can a Nursing Home Add Cameras? 

Common Areas 

Facilities can install cameras in public or common areas, such as hallways, entrances, or dining rooms, for everyone’s safety and security. However, notice must be posted, and they must follow privacy, labor, and regulatory rules.  

Sometimes Private Rooms 

For a camera to be legally placed in a private room, the resident must complete the IDPH notification/consent form, and the camera must be placed in a prominent location. This also protects roommates if the room is shared.  

No Hidden Cameras 

The Act and IDPH guidelines state that all cameras must be placed in a location that is clearly visible. If it is hidden in another object or camouflaged, this can lead to civil or criminal claims and regulatory complaints.  

Audio Recording 

Outside of cameras alone, recording audio can also implicate federal and state wiretapping/interception laws in addition to the state monitoring statute. Even where the Act permits audio as part of authorized monitoring, make sure consent forms and facility policies specifically address audio. 

What To Do If a Nursing Home Installs a Camera Without Consent 

1. Ask the facility for written documentation that describes the device, its purpose, and the person who authorized its installation. 
2. If no authorization exists, document everything (including photos, date/time, and the location of the camera’s position). 
3. Report promptly to the Illinois Department of Public Health (IDPH) and the local long-term care ombudsman; hidden devices or unauthorized monitoring can trigger investigations. 
4. Preserve any recordings and contact an attorney. 

Can I Install A Hidden “Nanny Cam” In My Loved One’s Nursing Home Room? 

This is against Illinois law and may lead to criminal or civil penalties for privacy violations. If you believe your loved one may be in danger and you wish to gather evidence, first contact the relevant authorities, such as local law enforcement, legal representatives, or your ombudsman. Do not attempt to secretly survey anyone, as this could undermine your case. For more information on what nursing homes are not allowed to do to your loved one and how to protect them, read our blog. 

What Does The Law Require for Personal Camera Use in Nursing Homes? 

Written notice and the IDPH form 

Monitoring can only begin once the resident or authorized decision-maker has completed and submitted the written notification and consent. This is done with a form issued by IDPH. This form should then be placed in the resident’s clinical record. 

Conspicuous placement 

The camera needs to be visible and placed only in the resident’s private room. It cannot be disguised in any way.  

Roommate consent & accommodation 

If your loved one shares a room with someone else, they must also consent. If they do not, it is up to the facility to accommodate this request where possible. They can do this by offering to move one of the residents to a different room. If nothing can be done at this time, there must be frequent re-evaluations of circumstances to accommodate this request as soon as possible. 

Consent hierarchy 

Sometimes, a resident is unable to consent to a camera placed in their private room. In this case, the Act specifies the order of individuals who can consent (health care agent, resident representative, spouse, parent, certain adult children/siblings, guardian), and they must explain the monitoring to the resident, when possible. 

Costs 

If the family wants to place a camera in their loved one’s private space, they will be responsible for the cost of the camera, installation, maintenance, and internet service. Facilities are not required to do so.  

What Are The Best Practical Camera & System Recommendations? 

• Visible placement: mount the camera so staff and guests can see it easily; this satisfies the conspicuousness requirement. 
• Cloud backup + tamper alerts: choose systems that upload to cloud storage and send tamper/power-loss notifications. Systems that store footage only on local DVRs are riskier because footage can be erased. 
• Date/time stamping: ensure recordings include accurate, embedded date/time stamps for admissibility. 
• Audio settings: the IDPH form allows residents or roommates to prohibit audio recording as a condition, so check the consent form choices before enabling audio.  

Steps to Preserve Camera Evidence from a Nursing Home 

1. Do not delete or overwrite original footage. 
2. Make at least two verified backups (one on secure cloud storage, one on a separate encrypted drive). 
3. Keep a written log that records when footage was viewed or copied, by whom, and the reason. 
4. If you suspect abuse, immediately save copies and note the timestamps to produce precise clips for investigators and lawyers. These small steps protect the chain of custody and increase admissibility.  

Will Camera Recordings In A Nursing Home Be Admissible As Evidence? 

Recordings are admissible as evidence when they follow guidelines and regulations. The statute expressly permits video/audio created under the Act to be admitted in civil, criminal, or administrative proceedings. They must not be edited or enhanced, and they must have date/time stamps. Preserving the original file and metadata is of utmost importance. 

What Should You Do If a Nursing Home Camera Captures Abuse? 

• Step 1: Save all original files immediately. Do not change the metadata.  
• Step 2: Make verified copies and store them in different locations. 
• Step 3: File a report with the Illinois Department of Public Health (IDPH) and local law enforcement; provide exact timestamps and copies of footage if asked. 
• Step 4: Contact a lawyer who will help you protect evidence, obtain subpoenas, and advise you on how to keep your loved one safe.
  Step 5: Keep a log of every interaction you have with the facility admin, IDPH, police, witnesses, and your loved one. 

What if Your Private Nursing Home Camera is Destroyed or Tampered With? 

If you discover that your camera has been damaged, removed, or tampered with, then the person responsible may face criminal liability under Illinois law. If staff disable or remove the camera, document the incident and preserve any remaining copies of footage immediately. Report this interference to the Illinois Department of Public Health (IDPH), local law enforcement, and the long-term care ombudsman. 

In most cases, tampering is a Class B misdemeanor; however, it may be elevated to a Class A misdemeanor or felony if it is done to conceal another crime. It is the residents’ right to withdraw their consent at any time, and only they (or their authorized representative) can remove the camera. 

How Can an Illinois Nursing Home Abuse Lawyer Help You? 

If you suspect your loved one’s rights are being violated in their nursing home, an attorney can help protect them and ensure they receive justice. A lawyer can investigate the situation, collect evidence, file lawsuits against the responsible parties, and negotiate with insurance companies to secure compensation for any medical expenses or pain and suffering endured by your loved one. In some cases, an attorney may even be able to hold abusers criminally responsible for their actions. In any case, a lawyer can provide important legal guidance and protect your loved one’s rights during this difficult time. 

By seeking the help of an experienced attorney, you can help put a stop to nursing home abuse and ensure that those responsible are held accountable for their actions. It is important that we all take a stand to protect our elderly loved ones and help ensure they are living in an environment of safety and respect. 

If you or someone you love has been affected by nursing home abuse, please contact the Law Offices of David H. Brinton, LLC. You can call 312.445.4908 or contact us to set up your free consultation.