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Advocates testify before state lawmakers on 'Henry's Law' which allows cameras in nursing homes

Lawmakers had questions and concerns about privacy
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Posted at 11:19 PM, Mar 13, 2023
and last updated 2023-03-14 13:56:03-04

LAS VEGAS (KTNV) — Advocates testified before lawmakers Monday afternoon on a proposed law that would allow surveillance cameras in nursing home patient rooms.

This comes after KTNV's story on nursing home patient Henry Owens caught the attention of Assemblywoman Shondra Summers-Armstrong, who proposed the bill.

13 INVESTIGATES: 'Henry's law' seeks to allow cameras in nursing home patient rooms

Henry's sister Theresa Owens-Bigay was one of the people who testified for the bill.

"My brother being nonmobile and nonverbal would have to wait for a staff member to come in his room and hope and pray they would give him water," said Owens-Bigay during her testimony.

After our story about Henry aired in August 2020, he died six months after.

Theresa filed a lawsuit against the nursing home facility Life Care, located at Harmon and Eastern, where Henry was under care. She accused the facility of multiple care failures including not helping him eat or drink, leaving his food to spoil and not changing his soiled diapers.

Theresa said the proposed law is personal to her.

"It will not bring my brother Henry back, but it will protect and maybe even save the lives of other individuals, vulnerable individuals," said Owens-Bigay.

Similar laws have been passed in nine other states. The states include Illinois, Kansas, Louisana, Minnesota, New Mexico, Oklahoma, Texas, Washington and Ohio.

Steve Piskor is the founder of Elderly Nursing Home Advocates. Piskor said he helped pass the law in Ohio.

"It took me ten years to get this law passed," said Piskor. "I finally got it passed and it's named after my mother. My mother was brutally abused in a nursing home."

Piskor also testified before Nevada lawmakers advocating for cameras.

Heard in the Assembly chamber, many lawmakers had concerns, particularly about privacy.

Assemblywoman Claire Thomas asked about the impact of the Health Insurance Portability Affordability and Accountability Act.

"For anybody to view the camera or use the camera, they must receive written consent from the patient," said legal expert Jamie Cogburn during the hearing.

Brett Salmon, CEO of Nevada Health Care Association, spoke in opposition of the bill during the hearing. He argued "residents in nursing facilities have a right to privacy" and "communication devices in a resident’s room could interfere with employer-employee relationship" among other reasons.

If passed, Nevada would become the tenth state to pass a law allowing cameras in long-term care facilities.

In addition, nursing home employees would not be allowed to refuse to enter the rooms or refuse to care for those patients with cameras.

The patient or their representative would be responsible for choosing and paying for the device, installing, maintaining and removing it.

Theresa's lawsuit is still ongoing.