Cameras in assisted living facilities in Wisconsin are allowed in some settings and prohibited in others. Residents of Community-Based Residential Facilities (CBRFs) and Adult Family Homes (AFHs) may install a personal camera in their own room, but only with written consent from the resident and every roommate whose image could be captured. Residential Care Apartment Complexes (RCACs) do not permit electronic video monitoring in a resident’s apartment at all. Add audio to any camera and you enter the territory of Wisconsin’s wiretapping statute, where a mistake is a felony.
Start With the Facility Type
Wisconsin regulates three kinds of assisted living under separate administrative codes, and the camera rules split along those lines.
- CBRFs are group living settings regulated under Wisconsin Administrative Code DHS 83. Personal cameras are allowed in a resident’s own room with proper consent.
- AFHs are smaller settings regulated under DHS 88. The same standards apply as in CBRFs.
- RCACs are apartment-style settings regulated under DHS 89. Electronic video monitoring by a resident is not permitted inside the private apartment, even with the resident’s own consent.1Wisconsin Department of Health Services. Assisted Living Guidance for the Use of Electronic Recording, Video Monitoring, or Filming Equipment
If your loved one lives in an RCAC, stop here. The facility cannot accommodate a monitoring camera in the apartment regardless of the resident’s wishes. Everything that follows applies to CBRFs and AFHs.
Who Decides, and What Consent Looks Like
The decision to install a camera belongs to the resident or their legal representative. A facility cannot install monitoring equipment in a resident’s room on its own initiative, and it cannot require a resident to accept a camera as a condition of admission.1Wisconsin Department of Health Services. Assisted Living Guidance for the Use of Electronic Recording, Video Monitoring, or Filming Equipment If the resident can make their own decisions, the resident must agree. If a court has found the resident incompetent, the guardian decides.
Written consent is the foundation. Wisconsin Administrative Code DHS 83.32(3)(m) states that no resident may be recorded, filmed, or photographed without informed, written consent from the resident or their legal representative, with a narrow exception for identification photographs.2Wisconsin State Legislature. Wisconsin Administrative Code DHS 83.32 The consent document should specify who authorized the recording, whether it covers video only or video and audio, the time period during which monitoring will occur, and any situations where recording should not happen.3Wisconsin Department of Health Services. Filmed or Taped – Consent Required It should also state who has access to the footage, where the camera will point, and that the resident may revoke consent at any time. Once signed, provide a copy to the facility administration. The resident’s individual service plan should also be updated to reflect that monitoring equipment is in use.
The Roommate Veto
In a shared room, every person whose image could be captured must give informed, written consent. That includes every roommate. If a roommate lacks the capacity to consent, their legal representative must give permission instead. If any one roommate or representative refuses, the camera cannot be installed.2Wisconsin State Legislature. Wisconsin Administrative Code DHS 83.32 There is no workaround. A roommate’s privacy overrides another resident’s monitoring wishes.
Roommates sometimes agree to video but refuse audio, and the consent form should record that distinction clearly.
Audio, and Why It Can Become a Felony
A video-only camera is legally straightforward. Adding audio pulls in Wisconsin Statute 968.31, the state wiretapping law. Wisconsin is a one-party consent state, meaning a conversation can be recorded lawfully as long as at least one person involved in it knows about the recording. Intercepting an oral communication without any party’s consent is a Class H felony.4Wisconsin State Legislature. Wisconsin Statutes 968.31
In practice, a camera that records audio while the consenting resident is in the room and aware of the recording is likely lawful. A camera that keeps rolling and captures conversations between staff or visitors when the resident is not present is a different matter. The safe options are to use a video-only camera or to make sure the written consent specifically addresses audio and that everyone whose voice could be captured has been informed.
Where the Camera Can Point
A personal camera should sit in a visible location in the resident’s own room and be aimed so it captures only the resident’s personal area. It should not record hallways, common areas, or a non-consenting roommate’s space. Post a sign at the entrance to the room stating that the room is electronically monitored by the resident.1Wisconsin Department of Health Services. Assisted Living Guidance for the Use of Electronic Recording, Video Monitoring, or Filming Equipment
Who Pays and Who Watches
The resident or family pays for the camera and its installation and maintenance. The facility has no obligation to supply equipment. Practical questions like outlet access or Wi-Fi are worked out between the resident and the facility as part of the arrangement. A standalone camera with an SD card avoids the need for internet entirely; a cloud-connected model allows remote viewing and motion alerts but comes with ongoing storage costs.
Watching the feed is the family’s job, not the facility’s. Staff have no duty to monitor a resident’s camera or review recordings, and the facility cannot access footage from a personal camera without permission. If you want anything close to real-time awareness, plan for a system that pushes alerts to a phone.
Store Footage Carefully
Recordings from an assisted living room can capture medication administration, wound care, or clinical conversations. Families who install their own cameras are generally not subject to HIPAA themselves, but the footage still contains private medical details about your loved one and potentially others in the room. Keep recordings secure, and avoid posting them on social media or forwarding them casually. If something on the video needs attention, send it to the people who can act on it rather than distributing it publicly.
If the Camera Catches Abuse or Neglect
Detecting mistreatment is a common reason families install cameras. If footage shows suspected abuse, neglect, or financial exploitation, report it to the county Adult Protective Services agency where the resident lives, or call the Wisconsin Elder Abuse Hotline at 833-586-0107 if the person is 60 or older.5Wisconsin Department of Health Services. Adult Protective Services – Report Alleged Abuse Call 911 for immediate danger.
Licensed health care providers and employees of entities licensed, certified, or registered with the Department of Health Services are required reporters of suspected abuse or neglect.5Wisconsin Department of Health Services. Adult Protective Services – Report Alleged Abuse Family members are not required reporters, but prompt reporting strengthens any investigation. Preserve the original footage without editing, write down the date, time, and what the recording shows, and hand it over to investigators when asked.