Phoenix – Speaking to prevent abuse, Rep. Prescott wants to ensure nursing home residents can set up cameras in private rooms.
And the laws created by Republican Rep. Quang Nguyen also apply to assisted living people.
This idea appears to have resonated with his colleagues. His HB 2785 was cleared the house by two lawmakers against it.
But enacting it remains a problem.
Nguyen kicked a similar measure out of his home last year despite opposition from the industry. That version didn't get a hearing in the Senate, so it clearly had an effect.
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This year, Nguyen has returned on a much less complicated scale. Regulations targeting operators of these facilities prohibit the following:
Rep. Quang Nugyen
Howard Fisher, Capitol Media Services, File 2023
• Prohibits current or potential residents from installing and using electronic surveillance in their rooms.
•Refusing to remove current residents or accept anyone who wishes to be monitored.
• Retaliation against residents who agree to surveillance or, conversely, refuse to consent.
However, in each case, Nguyen said the decision would remain with the residents, but he said that if the person is unable to do so, such a decision is wide enough for the family to make such a decision.
Nguyen had to agree to one limit to line up the votes. This law applies only to people whose services in nursing homes or support facilities are paid at least in part with public funds. Other residents will not have such rights.
“You have to be cra before you walk,” he told Capitol Media Services.
Still, the measure sparked opposition from lobbyists at Arizona Reading Age. It is an organization representing nonprofit supportive living communities and nursing homes.
Nguyen said there's nothing unusual about what he wants.
“If I rent space at the facility, I want to be able to put the cameras there, I should be able to do that,” he said. That's not a difference, Nguyen said that someone was renting an apartment.
And he said he created it in a way that doesn't cost the facility owners.
“I'll even offer to pay cameras, access to the internet, pay for what you want, and then my parents, my loved ones will be able to see them in the care facility,” Nguyen said.
What's missing from all of that is the practical effect of having a “surveillance camera” in a private room for residents, said Mary Isaacson, a lobbying Arizona Reading.
“It takes away the dignity and respect they have acquired at this point in their lives,” she told lawmakers who are reviewing the bill.
That's what the camera captures, after all, according to Isaacson.
“When you support your life, you are supported by the activities of your daily life,” she said.
“There's a lot of bathing, swapping out very private and personal briefs,” Isaacson said.
Nguyen said he has a different view on what it means.
“We want to create an environment of dignity,” he said.
“But tell me how much dignity is involved when you're beat,” Nguyen said.
And pushing his bills onto his colleagues reminded them that he and them are likely to be caught up in supplemental living and nursing homes in decades.
“I don't care about dignity,” Nguyen said.
“If at that point, if you have to change my diaper, you have to change my diaper,” he continued.
Nguyen said that if the two share a room, they must agree that both have cameras.
It is not very clear who will make the decision.
As made, Nguyen said it was a resident of the facility. However, he acknowledged that there may be situations where a family member may consider a relationship that they are unable to make that decision.
Nguyen said the law is spacious enough to allow families who are concerned about relatives and can decide to place their cameras. However, he said that if someone is not formally determined to be incompetent, and there is a dispute, residents must make a final decision.
Isaacson told lawmakers there were other issues.
“Residents want a home-like environment, so they choose to livelihood assistance,” she said. “In home-like environments, there are usually video cameras, surveillance cameras, and signs posted outside the door saying, “Acceptance: Surveillance cameras are in use.” ''
Isaacson also said it could undermine the relationship between caregivers and residents.
“It immediately sends a message saying, 'You don't trust me as your caregiver', and she said, and may limit the amount of time a caregiver normally spends with residents.
And Isaacson said that if some employees are new to surveillance, they may choose to quit.
However, Nguyen told Capitol Media Services that no one who doesn't work as if he was being watched should be a caregiver.
Dana Kennedy, state director of AARP Arizona, said the law is popular with members, with 87% in favor. And she said that, reflecting Nguyen's comments on the rights of people within the facility, they have the right to make the same decisions about the same surveillance devices as those who own or rent the home.
When it cleared the house, only two lawmakers voted against the proposal. One objection came from Rep. Ralph Heap, who questioned whether cameras would really resolve the issue of resident abuse.
“If you want to abuse patients, could they just not be able to take the patients to the toilet unless we added a camera to the toilet?” he asked.
There is no date for the Senate hearing.
Howard Fisher is a veteran journalist who has reported since 1970 and has been covering state politics and legislative assembly since 1982. Follow him on X, BlueSky and @azcapmedia threads or email azcapmedia @gmail.com.