Editorial: Guarantee vulnerable Iowans the right to use video cameras in nursing homes

A Des Moines Sunday Register investigation by Clark Kauffman told the story of Cheryll Scherf. The 82-year-old widow from Farmersburg suffers from Parkinson’s disease, cardiovascular disease, chronic fatigue and anxiety. Her family was concerned about the care she was receiving at the Elkader Care Center where she lived. 

So they installed a motion-activated camera in her room. This captured, among other incidents, staff repeatedly leaving Scherf in bed, naked from the waist down, with the door to the room left open. The video also showed she wasn't given her prescription medication.

Information gathered from the video clips is referenced in a citation issued by the state against the home. “A reasonable person would feel degraded, embarrassed and ashamed” by this treatment, according to the Iowa Department of Inspections and Appeals.

One can’t help but wonder if the state would have intervened or imposed a penalty had the video not existed. The family could not have proven neglect, which was allegedly concealed by tampering with patient records, according to criminal charges filed against workers.

The story of this Iowa woman underscores the need to ensure all residents in long-term care facilities are guaranteed the explicit right to possess and use cameras in their rooms. The absence of state law and guidance on this issue means residents and families can use them if a nursing home administrator allows it.

The decision of whether disabled residents can possess cameras in rooms that are essentially their homes should not be decided by facilities. People do not leave their right to personal property — and protective surveillance — at the nursing home door.

Iowa lawmakers and Gov. Kim Reynolds should amend state law to definitively guarantee the right for residents and their families to make this decision. Elected officials in states including Texas and Oklahoma have done so. 

Better yet, the Centers for Medicare and Medicaid should implement a rule specifically guaranteeing residents can use cameras for their own protection as long as the privacy of other residents is respected. Federal law gives them the right to own and use personal property, but a rule would clarify that cameras are explicitly allowed.

And CMS is in the best position to ensure homes follow such a rule. The agency administers Medicaid, the federal health insurance program that pays the bills for more than 60 percent of the 1.4 million people in this country’s nursing homes. 

In Iowa, about 50 percent of nursing home revenue comes from Medicaid payments, according to a state report. Based on current payment rates, Iowa Medicaid pays an average of $51,592 per year for individuals in nursing facilities. 

Homes could either allow cameras or give up government payments. A federal rule would make the rights of residents crystal clear to facilities in every state.

Nursing homes should welcome such personal use of cameras anyway. Families bear the cost. Workers who know they're being watched may be motivated to follow guidelines and provide good care. 

That helps protect nursing homes from allegations of mistreatment and vulnerable patients from abuse.