Esther’s Law is an Ohio statute, codified at Ohio Revised Code sections 3721.60 through 3721.67, that gives nursing home residents and their legal representatives the explicit right to install video cameras and other electronic monitoring devices in their rooms.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities It took effect in 2022 and spells out who can authorize a device, what consent is required, who pays, where the camera can be pointed, and who is allowed to see the recordings.
Who Esther Was
The law is named for Esther “Mitzi” Piskor, a nursing home resident who could not speak and was physically abused by multiple staff members. Her son first put a camera in her room to figure out why her window kept being left open in cold weather. Staff found it and covered it with a towel. He hid a second camera, and that footage captured caregivers assaulting his mother. Two staff members went to prison.
Before the statute passed, families who suspected abuse had no clear legal right to record. Ohio enacted Senate Bill 58 to remove that gray area, and the law has since become the most commonly referenced model when other states consider similar bills.
Who Can Authorize a Camera
Three people, and only three, can authorize a monitoring device under Ohio law: the resident, the resident’s legal guardian, or an attorney in fact designated through a durable power of attorney for health care.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities A concerned adult child without POA or guardianship cannot install a device on a parent’s behalf. Authorization can be withdrawn at any time.
The statute applies to “long-term care facilities” as defined in Ohio Revised Code 3721.21, which primarily means licensed nursing homes. Assisted living and residential care facilities fall outside its direct scope. The Ohio Department of Aging says residents in those settings can still work with the facility and a long-term care ombudsman to negotiate monitoring through facility policy, but the statutory right does not reach them.2Ohio Department of Aging. Esther’s Law: Electronic Monitoring in Nursing Homes
Consent Forms and Roommate Consent
Before any device is installed, the resident or authorized representative must complete the facility’s prescribed consent form and submit it to the nursing home.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities The form typically covers the type of device, its placement, and a liability release stating the facility is not responsible for privacy violations tied to the camera’s use.
Shared rooms add a step. If another resident lives in the room, that person or their guardian must also consent in writing. You cannot skip this. If the roommate refuses, the facility must make a reasonable effort to accommodate the request by moving either resident to another available room, provided the resident being moved agrees to the transfer.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities In practice, how fast this gets resolved often depends on bed availability.
Ohio also permits, but does not require, the facility to post a notice outside the room informing staff and visitors that monitoring is taking place.2Ohio Department of Aging. Esther’s Law: Electronic Monitoring in Nursing Homes
Request the Form Early
Some facilities have been slow to adopt a form or have added requirements beyond what the statute demands. If your facility does not have one, that may itself be a compliance issue worth raising with the long-term care ombudsman. Once you have the form, fill it out completely, obtain roommate consent if applicable, and keep copies of everything.
Who Pays
The resident or representative pays for the device, installation, maintenance, and eventual removal. The facility covers electricity. Ohio’s statute explicitly excludes the cost of electricity from the resident’s responsibility, and the facility must provide reasonable physical accommodation, including access to power and a secure mounting location.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities
Budget for ongoing costs. Cloud-based video storage typically runs $3 to $25 per month depending on the service and capacity. Professional installation can range from several hundred to over a thousand dollars, though many families handle setup themselves with consumer-grade Wi-Fi cameras. Ohio does not currently offer financial assistance for residents who cannot afford equipment, but it is worth asking your local ombudsman whether any program exists.
Video, Audio, and Where the Camera Can Point
Ohio defines an “electronic monitoring device” as a fixed-position video camera, an audio recording device, or a combination of both.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities That definition is broader than many families expect because it technically permits audio. Audio is also where families most often get into legal trouble.
Federal law allows one-party consent recording, meaning a participant in a conversation can record it without the other person’s knowledge.3Office of the Law Revision Counsel. 18 USC 2511 – Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited Capturing a conversation between two staff members on your camera’s microphone, however, involves people who are not party to any conversation with you. The safest default is to use a video-only device unless you have confirmed that audio is permitted in your situation and have obtained any required consent.
Placement is restricted to the resident’s room. Cameras cannot be aimed at hallways, common areas, or spaces assigned to other residents. A fixed-position camera pointed at your loved one’s bed and immediate area is the safest default. Test the device before leaving it in place, confirm the cloud storage is working, and check the footage regularly. A camera nobody reviews protects nobody.
Who Can View the Recordings
Access to footage is tightly restricted. Under Ohio law, only the following people can intentionally view or listen to recordings from an authorized monitoring device:1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities
- The resident who authorized the device
- The resident’s guardian or attorney in fact
- Law enforcement personnel investigating a potential crime
- Anyone the resident or representative specifically authorizes
That last category lets families share footage with an attorney, adult protective services, or the long-term care ombudsman. Sharing recordings publicly, posting them to social media, or distributing them without authorization can create civil liability for violating the privacy of staff or other residents captured on the footage. Store recordings securely and limit access to people with a legitimate reason to see them.
Footage captured under a properly authorized monitoring arrangement is generally admissible in both criminal prosecutions and civil lawsuits. Footage obtained without following the required consent steps, or in violation of wiretapping laws, risks being excluded. Following the consent process is partly what preserves the evidentiary value of whatever the camera captures.
Retaliation and Tampering
Ohio law prohibits facilities from denying admission, discharging, discriminating against, or retaliating against a resident because of a decision to install a monitoring device. Staff and other individuals are also barred from obstructing, tampering with, or destroying a monitoring device or its recordings.1Ohio Legislative Service Commission. Ohio Code Chapter 3721 – Nursing Homes and Residential Care Facilities That provision was a direct response to situations like Esther Piskor’s, where staff covered the camera with a towel.
If you notice the camera has been moved, unplugged, covered, or is suddenly malfunctioning, document it immediately and contact the long-term care ombudsman. In Ohio, the ombudsman program can be reached at 1-800-282-1206 or by email at OhioOmbudsman@age.ohio.gov.2Ohio Department of Aging. Esther’s Law: Electronic Monitoring in Nursing Homes If you suspect criminal abuse, contact law enforcement directly rather than waiting for an administrative investigation.
If Your Loved One Is Not in Ohio
Esther’s Law applies only in Ohio. At least 14 states have enacted their own electronic monitoring statutes, including Connecticut, Illinois, Kansas, Louisiana, Minnesota, Missouri, New Mexico, North Dakota, Oklahoma, Texas, Utah, Virginia, and Washington. The details vary. Texas, for example, makes the resident responsible for posting a notice at the room entrance stating the room is being monitored.4State of Texas. Texas Health and Safety Code 242.847 – Authorized Electronic Monitoring Illinois requires the consent form to specify whether audio recording is included and lets the resident set conditions such as turning audio off during medical exams.5Illinois General Assembly. Authorized Electronic Monitoring in Long-Term Care Facilities Act (210 ILCS 32) Maryland and New Jersey have programs or guidelines but no formal statute.
If your loved one’s facility is in a state without a monitoring law, nothing automatically prevents you from asking the facility to allow a camera. Many will negotiate voluntarily, especially when families approach the request through the ombudsman. The absence of a statute means there is no guaranteed right and no spelled-out rules, not that cameras are forbidden. Your state’s long-term care ombudsman is the best starting point for finding out where you stand.