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IAHSS Southeast Regional Conference AUGUST 2018
William S. Marcisz, JD CPP CHPAExecutive Director of Security – Florida Hospital / Advent Health
President & Chief Consultant,Strategic Security Management Consultingwww.strategicsecuritymanagement.com
Security Organization:
Restructure Security to a System Centric Business Model: ▪ Single Leader ▪ Direct Chain of Command▪ Campus Administrator
Point of Contact ▪ Centralized (System)
Resourcing for Security Program
Create a 3 Tiered Security Force: • Tier 1 - Customer Service
Focus• Tier 2 - Patrol & Response
Team• Tier 3 - Health Village –
Tactical
External Resourcing:• Threat Management
Support (Psychologist on Retainer)
• Bi-Annual Security Program Assessments (Security Consultant)
Workplace Violence:
Detection: Implement a K-9 Security Program
Intervention: Issue Defensive Tools (TASER, Pepper Spray and Retractable Baton) to Security Personnel
Body Cameras: Deployed on Security Personnel
Workforce Education:• Mandatory CBLs on
Workplace Violence Prevention & Active Shooter Response
• Leadership Training on Managing Workplace Violence
Physical Security and Technology:
Acquire / Implement:• One Number Project• Telephonic Consolidation• Computer Aided Dispatch• CCTV Migration• Social Media Tracking• Mass Notification• Converged Systems Information
Management (CSIM)
Multi- Disciplinary Task Force to Review:• Visitor Management• Perimeter Security• Metal Detectors
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ROI & Added Value:
- $4 is saved in Litigation costs for every $1 spent on Body Cameras.
- Security Officers are 2 Times less likely to Use Excessive Force than situation requires.
- Behavior improves when a Body Camera is being used to record the incident.
- Body Cameras reduce time and expenses related to investigating complaints.
- No HIPAA violations as long as Video Data is secured the same as PHI.
Eliminates “He said/She said”
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Privacy & Invasion of Privacy
U.S. Constitutional Right to Privacy
HIPAA
Voyeurism
Wiretapping & Consent
Patient’s Rights Laws
Data Retention/Spoliation
*Research & Review State & Federal Laws*
*Multi-Disciplinary Development Team*
Training
Deployment
Recording & Documenting Use of BWCs
Downloading & Labeling
Inclusion of BWC Data in Medical Records
Access & Administrative Use of BWC Data
Release of BWC Data to Outside Agencies
Retention of Data
1) Who is Being Recorded; and, 2) Where an Expectation of Privacy May Exist in Hospitals
PatientsRest Rooms
Changing Rooms
Inpatient Room
Treatment/Exam Rooms
Medical Records
EmployeesRest Rooms
Locker Rooms
Break Areas
GuestsRest Rooms
7Consider: Social Media - Cell Phones - Where Discussions Occur
1) Intrusion of Solitude
2) Appropriation of Name or Likeness
3) Public Disclosure of Private Facts
4) False Light
Prying into private affairs or solitude in a way that is highly offensive to a reasonable person.
The invasion occurs in a place of reasonable expectation of privacy.
Examples: intercepting phone calls, peeping, taking photographs, and video recording the victim in his or her home without consent or knowledge.
Questions:
When is it Highly Offensive for a Security Officer to Record Using a BWC?
Would a Reasonable Person Deem that to be Highly Offensive?
The United States/State Constitutions Do Not Apply to Privately Owned Hospitals
Constitutions Do Absolutely Apply to State & Federally Owned & Operated Hospitals
Caveats:
1) Contracted Police Services
2) Public Act Security Forces
3) Hospitals Created/Funded by Taxing Districts
Is BWC Data Part of The Patient Record? (State Statutes)
*Designated Record Set*
Video Data Can Be Protected Health Information When:
1) Images of Patient or Patient Treatment
2) Info on Health Status Viewed or Discussed
3) Info on Services Provided or Billed For
Threshold Requirements for Violation:
1) PHI Has to be linked to a Specific Patient
2) Expectation of Privacy Must Exist
3) Disclosure (Not Gathering Data) Triggers Violation
Statutes Prevent Persons from Making & Using Video Recordings for Amusement, Entertainment, Sexual Arousal … of Another Person Who Had an Expectation of Privacy
Criminal Behavior & Liability Exposure
Audio Recording is subject to State & Federal Wiretapping Laws
Single Party Consent States (39)
1 Person Needs to Consent
Dual/Multi-Party Consent States (11)
Both or All Parties Required to Give Consent
Direct Consent: Attained by Direct Request
Implied Consent: Attained by Posting Signs Providing Notice or Advising Conversations are Being Recorded
Implied Consent: Attained by Posting Signs Providing Notice or Advising Conversations are Being Recorded
Direct Consent: Attained by Direct Request
California
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
Nevada
New Hampshire
Pennsylvania
Washington
State Statutes Do Not Address Video Recording of Patients, But Generally Do Consider1) A Patient’s Right to Privacy
2) A Patient’s Right to Dignity
Concerns Are Addressed through:
A BWC Policy that Considers Patient’s Rights
A BWC Policy that Considers Access to Video
Type & Capabilities of a BWC System
Q: Does an Officer Stop Recording Because a Patient is Not Wearing Clothing?
Spoliation of Evidence can Force a Court to Shift a Legal Burden of Proof from Plaintiff to a Defendant Hospital to Show that Destroyed Video Evidence does not Preclude Plaintiff from Proving Their Case.
Duty to Preserve Evidence
Statutes of Limitations
Recommendation:
Retain All Video Data Collected, Particularly Patient Contact Calls & Customer Complaints
*Research & Review State & Federal Laws*
*Multi-Disciplinary Development Team*
Training
Deployment
Recording & Documenting Use of BWCs
Downloading & Labeling
Inclusion of BWC Data in Medical Records
Access & Administrative Use of BWC Data
Release of BWC Data to Outside Agencies
Retention of Data
William S. Marcisz, JD CPP CHPA
(407) 385-9167
Strategic Security Management
