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Put cameras in nursing homes, Lexington Co. councilman says after his mom was injured

State - 8/3/2020

Aug. 3--Darrell Hudson knows what it's like when a loved one gets hurt after moving into a retirement community. Now he's hoping Lexington County Council can do something about it.

The county councilman's mother was injured after a fall outside a Lexington assisted living facility, and his family initially couldn't find her when they realized no one at the facility knew where she was.

Hudson is sponsoring a requirement that all nursing homes and assisted living facilities in the county place cameras at every entrance and exit to ensure Lexington County's senior citizens will be better protected.

Having family in assisted living was "like falling off a bicycle," said Hudson. "You learn real quick."

Last year, Hudson's daughter, son-in-law and grandchildren went to visit his mother in her assisted living facility shortly before Christmas, but didn't find her in her room, and no one at the facility could tell them where she was.

The family eventually found her outside, where she had fallen and struck her head, resulting in injuries she's still dealing with, and requiring her to move up to a more serious level of long-term care.

Hudson's mother apparently exited through a door near her room, which Hudson says should have triggered an internal alarm but apparently did not. A report on the incident by the S.C. Department of Health and Environmental Control found that the alarm system was operational on the door, but that no one responded to it at the time.

"Nobody was even looking for her until my daughter got there," Hudson said. "I said, 'Look at the cameras,' and they said the law doesn't require them to have cameras. I thought, 'you've got to be (kidding) me.'"

Now the Lexington County councilman wants a countywide ordinance requiring cameras in long-term care facilities that he says will protect against the neglect and abuse of vulnerable senior citizens.

Hudson said the most a county ordinance would be able to do is set up cameras on the exterior of buildings at retirement homes, but he's spoken to state Sen. Katrina Shealy about crafting a state law requiring cameras in some parts of the interior of buildings as well.

"I think it's a good idea," Shealy said. "I told him I'd see what he did at the county, and then I can pre-file something in December (ahead of next year's legislative session)."

Randy Lee, president of the S.C. Health Care Association, which represents long-term nursing care outlets in state, said Wednesday he was unsure if a county government in South Carolina can set requirements for nursing homes.

"They're regulated by federal and state governments," Lee said. "They have licensing requirements and set all kinds of things they have to have, but I've never heard of a local government doing a separate ordinance."

Lee said he hasn't heard from members of his organization about the proposal, but notes that for-profit nursing homes in particular "have good attorneys."

At a meeting Tuesday, Lexington County Council reviewed the proposed county rule as well as a resolution requesting action by the county's legislative delegation. Hudson said he would research compliance requirements -- whether the new rule would apply to existing senior homes, and when they might be required to comply with the ordinance.

Privacy concerns would still limit where cameras could be placed, but cameras could be installed in hallways and common areas as well, Shealy said.

This isn't the first time legislation has been aimed at requiring cameras be placed in and around senior homes.

"I know (former) Sen. (Paul) Thurmond proposed something four years ago, but I don't know if it got held up at the end of the year as sometimes happens at the State House or what," Shealy said.

Hudson said he doesn't believe privacy concerns are sufficient to oppose more surveillance of communal spaces inside nursing homes.

"They say it's a HIPAA violation," Hudson said, referencing a federal law that protects against disclosure of private medical information by health care providers. "Well, kiss my grits. It's not a privacy issue if it's in a hallway, or an eating area or at the entrance and exits."

He also says the cost of a camera system is not an argument against the proposal.

"You can get a Ring (home security camera) for $100 a month, and it will record every dog, cat or mailman that comes near your house," he said. "Even if there is an expense, how do you put a dollar value on what your parent is worth?"

The S.C. Assisted Living Association did not respond to a request for comment for this story.

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