KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Thermal cameras and HIPAA / Central station 2020 webinars

July 3, 2020
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Central Station* 2020 webinar series starts July 13, 2020.  K&K will be hosting webinars by central stations, one at a time, who will address "why you should be using our central station".  Each webinar will be approximately 20 minutes and then Q&A opportunity.  See what your central station has to offer or what others offer, enabling you to choose the right central station for you.  
You should be using a central station listed on The Alarm Exchange to be assured of quality and more importantly, accountability
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  *  only central stations on The Alarm Exchange will be invited to participate
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Register Now for the CS webinar series: 
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AvantGuard Monitoring Centers - July 13, 2020
https://attendee.gotowebinar.com/register/678509033268733199
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UCC – United Central Control - July 14, 2020
https://attendee.gotowebinar.com/register/3503808614443052302
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Rapid Response - July 15, 2020
https://attendee.gotowebinar.com/register/2467263818567576075
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Dispatch Center - July 16, 2020
https://attendee.gotowebinar.com/register/5719660994972167691
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Statewide Central Station - July 17, 2020
https://attendee.gotowebinar.com/register/2654849298360793872 
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Affiliated Monitoring - July 20, 2020
https://attendee.gotowebinar.com/register/6582371903028819982

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Stanley Security Wholesale Monitoring  July 22, 2020
https://attendee.gotowebinar.com/register/1266411303572956432
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Allstate Security Industries Inc – July 23, 2020
https://attendee.gotowebinar.com/register/7997485149440152333

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General Monitoring Services  - July 28, 2020
https://attendee.gotowebinar.com/register/6847800607085109776
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Thermal cameras and HIPAA
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Ken
            On the issue of the thermal imaging cameras that are recording temperature and facial image, are there any HIPAA issues that need to be addressed since you are recording personal health information?   I know it is such a small thing, but we live in a society where everybody wants to sue over anything.  Just wondering if there needs to be some kind of notice posted that states, by entering the area of the camera, that you are aware and agreeing to having your temperature recorded?
Ed
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Response
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            You pose two questions; do alarm companies need to be concerned with HIPAA and HIPAA violations, and should there be some notice in areas where thermal cameras are installed?
           For the first question, depends on the relationship with the subscriber and the subscriber's business.  HIPAA (The Health Insurance Portability and Accountability Act of 1996) is geared towards imposing protections on individually identifiable health information under the custodianship of a medical provider, insurance company or healthcare clearinghouse.  If you are installing thermal for any of those types of clients, you may, by association, fall under the guise of HIPAA as a "business associate".   The obligation to identify you as a business associate and contract with you in that capacity is the obligation of your client.  If you are not engaged as business associate you will likely not have any exposure related to protected health information.  Further, if you are only selling thermal equipment and not involved in monitoring or data storage, you would not be privy to any protected health information.   
             Your job is to install the thermal cameras.  Use of the devices is up to the end user, same as any other equipment you install.  Since the purpose of the thermal cameras are to provide some level of comfort that those entering have been screened, I suppose some notice would be desired and helpful, but not necessarily required for liability protection.

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Central station 2020 webinars
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            You may have noticed, we are hosting webinars titled “Why use our central station?”   This can save you a trip to ISC, West or East, if it’s every held again.  
            Central stations will have the opportunity to tell you what services they offer, to what extent the services are unique or specialized and, with some pressing, what you can expect to pay.  The webinars are starting July 13 and the central stations are lining up to participate.  
            The webinars offer an excellent opportunity to interact with your central station, scope out another central station, and consider whether you want to move accounts or open new accounts with a particular central station.  Am I encouraging central station hopping?  No, but I am encouraging you to use central stations listed on The Alarm Exchange.  Why, for you, not me.  You get the added protection of knowing that the listed central stations are expected to deal with dealer issues and cooperate with a goal of resolving disputes. Those that fail to co-operate risk having their post removed from The Alarm Exchange.  That may not sound like a big deal to you, but check out The Alarm Exchange central station category.  Every major reputable central station is participating.  If your central station isn’t, move to one that is.  If you don’t, don’t bother complaining to me about problems you have with the central station; I have no relationship with that central station and won’t be able to make a call to resolve your issue.  
            So make some time to attend the webinars, by video or on your phone.  They will all be recorded and you will be able to view or hear them by visiting the K&K website and navigating to the alarm webinars:  https://www.kirschenbaumesq.com/page/alarm-webinars
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com