ADM #2019-01 Video Cameras, Monitoring and Recording in HCBS Residential Settings

The mission of the Office for People With Developmental Disabilities (OPWDD) is to enrich the lives of individuals by supporting them to enjoy meaningful relationships with friends, family and others, experience personal health and growth, live in the home of their choice and fully participate in their communities. Consistent with Mental Hygiene Law Section 33.02, 42 CFR 441.301, and 14 NYCRR Parts 624, 633, and 636, OPWDD is committed to serving individuals while protecting their rights to privacy, dignity and respect.

This policy governs the use of one-way video cameras and other audio or video monitoring and/or recording devices (hereinafter, “monitoring and/or recording technology”), when clinically necessary to ensure an individual’s health and safety, in the interior of OPWDD operated, OPWDD certified and provider-owned or controlled residential settings.

Please note that Intermediate Care Facilities (ICFs) must also comply with any CMS issued guidance, including the July 29, 2011 memorandum entitled The Use of Video Cameras in Common Areas in Intermediate Care Facilities for the Mentally Retarded (ICFs/MR). Where the requirements may differ between the two guidance documents, the more stringent requirements will apply.