Electronic Monitoring Consent

Electronic Monitoring Consent

Minnesotans residing in nursing homes, boarding care homes, housing with services establishments with assisted living designation or special dementia units, and assisted living facilities (on or after August 1, 2021) have the choice to electronically monitor their activities as part of Minnesota’s Electronic Monitoring Law.

Electronic monitoring is the placement of a camera, audio recorder, or video streaming device in a resident’s room or private living unit to help the resident or representative monitor the resident or their activities. As part of the Elder Care and Vulnerable Adult Protection Act of 2019, the electronic monitoring law is one of a series of protections for elderly and vulnerable Minnesotans that took effect January 1, 2020.

Before placing an electronic monitoring device, a resident or resident’s representative must:

  • Give written consent (see links to consent forms below).
  • If they have a roommate, get written consent from the roommate or the roommate’s representative (see links to consent forms below).

If the resident lacks capacity to make decisions, the law allows for resident representatives to make the electronic monitoring decision on behalf of the resident. The law also prohibits persons from knowingly interfering with electronic monitoring under certain circumstances.

Facilities must make the consent forms available to the residents and inform residents of their option to conduct electronic monitoring.

You need to notify facility staff before placing a video camera or recording device. There are situations, however, such as fear of retaliation, where you can use an electronic monitoring device for 14 days without notifying the facility.

Further instructions are included on each of the consent forms:

The types of facilities covered by the Electronic Monitoring Consent law include:

If you have questions, you can ask:

Related Information

Information Bulletin 19-6

Updated Friday, 17-Jan-2020 14:38:07 CST