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October 31, 2014

 

WEBINAR NOTICE:  The Central Station series  
Why you should use our central station
see schedule below for presentations
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QUESTION: CAMERAS IN HEALTH CARE FACILITY
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Ken
    We have a healthcare customer in KY that is asking us to put cameras up in certain patient rooms, in the NICU ward, in the nursery and all mother baby rooms. We are concerned about HIPPA and other exposure due to putting this system in. They want the server to be separate from the other servers they use and only accessible by certain persons. We are just trying to make sure we are exercising due-diligence and limiting our risk. Have you seen examples of contracts or agreements that address this kind of issue?       Any other considerations?
David 
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ANSWER
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    You could use the Standard Commercial All in One which covers cameras.  It is your responsibility to inform the end user that it must comply with laws, in this case including surveillence and health care laws.  More than likely the facility is going to have a consent included in its intake form.  If it doesn't, suggest it to them.
    If the cameras are not covert there is less issue.  In any event the cameras should not be placed in area where privacy is expected and even obvious cameras should not be placed to view patients when undressed expect from angles that do not compromise their privacy.  
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QUESTION:  PERS FOR MULTIPLE OCCUPANTS
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Ken,
    We have a customer who is building several apartment complexes aimed at senior independent living (55+). These are not care facilities.
    They have asked us to install what they are calling a “family notification system”.  The system is similar to PERS in that each resident may choose to wear a personal transmitter.  If they fall or need assistance they can activate the transmitter. Alarms are generated on an annunciator located in the main lobby of the facility.  The annunciator will show the location where the transmitter was activated.   In addition to the annunciator a PC based dialer software calls predefined numbers with a voice message that the residents transmitter has been activated. The intent is that the family receives a call and responds to the call. The facility staff may respond to alarms during business hours if they are available but there is no promise of response.
    Families and residents are instructed by the property manager that the system is primarily designed to notify family members.
    I’d like to know how we should contract for this type of system.  Should we have each resident sign a PERS agreement as they get their transmitter?  Would the PERS agreement need to be altered to agree with the type of service proposed?  Can there be a master agreement for the property company? 
    So far we have included your standard installation agreement with our proposal.
Anon
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ANSWER
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    The operator will have to sign a contract because it's the operator who is calling for the installation and is going to be paying you and also monitoring the systems and responding, though sounds like this is not full response coverage.  The operator will need to cover this part of its relationship with the residents in a written agreement, but that's not your concern.
    Each of the residents will have to sign your PERS agreement, which will make clear that no central station monitoring is included and all signals are programmed to go to the operator's monitoring center and communicate with those selected by the subscriber via phone, text or whatever means you use.  Their contract will provide that payment is made by the operator, but they must nevertheless agree to the terms of the PERS agreement which contain the protective provisions you need.  The actual manner in which the system is designed to work will have to be described in a rider to the agreement.
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FLORIDA FIRE WARRANTY
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    Thanks to Ross Chadwell who alerted me to the Florida law that requires a one year warranty for fire alarm systems.  Our Fire All in One has been updated to provide for this one year warranty.  If your fire alarm contract provides for less than the one year it's not problem; the statute will override the contract.  Here is the relevant statute:
633.348 Requirements for fire alarm system equipment.—The requirements for fire alarm system equipment are:
(1) Equipment supplied shall be approved by a nationally recognized testing laboratory, and installed in accordance with its procedures. Any testing laboratory wishing to be considered “nationally recognized” by the State Fire Marshal shall submit an application to the State Fire Marshal for certification in accordance with procedures established by the State Fire Marshal by rule. The State Fire Marshal shall consider the applicant’s use of and compliance with nationally accepted testing procedures, the applicant’s inspection procedures including quality control, recognition by any other state or jurisdiction, and such other criteria as are reasonably necessary to reach an informed decision.
(2) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and procedures approved by said testing laboratory.
(3) Each piece of equipment supplied shall be warranted for a period of 1 year against defects in material or operation.
(4) The fire alarm system contractor or the certified unlimited electrical contractor shall furnish the user with appropriate documentation as required by the National Fire Protection Association standards, operating instructions for all equipment installed, together with a diagram of the final installation, except where the ownership of the system remains with the contractor.
(5) All fire alarm systems required by the State Fire Marshal’s rules shall be installed, serviced, tested, repaired, inspected, and improved in compliance with the provisions of the applicable standards of the National Fire Protection Association as adopted by rule.
(6) The State Fire Marshal shall promulgate specifications, by rule, regarding the information and data to be contained in the test certificate hereby required to be provided to the consumer when the fire alarm system is installed, serviced, tested, repaired, improved, or inspected. It shall be unlawful to install, service, test, repair, improve, or inspect any fire alarm system without providing the consumer with a completed test certificate.
(7) The State Fire Marshal shall promulgate by rule specifications as to the size, shape, and color and the information to be contained in the service tags hereby required to be attached to all fire alarm systems when they are installed, serviced, tested, repaired, inspected, or improved. It shall be unlawful to install, service, test, repair, inspect, or improve a fire system without attaching a completed tag, or to use a tag not meeting the specifications of the State Fire Marshal.

 

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                                                 WEBINAR ANNOUNCEMENTS
                                                   The Central Station Series
                                         Why you should use our central station
                                                 Sign up for each presentation
Each Webinar will cover:

  • territory covered by cs 
  • types of alarms cs equipped to handle or specializes in 
  • description of cs facilities and equipment; redundancy of more than one location 
  • general policies on handling alarms 
  • what makes your cs stand apart from others 
  • pricing - why your cs charges what it does and special deals if any 
  • contracts the cs requires

                   Sign up for each presentation.  All Start at 12 noon EST to 1 PM
 
November 5, 2014 – Metrodial           https://attendee.gotowebinar.com/register/5743009078427617281
 
November 6, 2014 - United Central Control   https://attendee.gotowebinar.com/register/2612275062661797378

November 12, 2014 - Statewide Monitoring https://attendee.gotowebinar.com/register/339270067719231489
 
November 13, 2014 - Centra-Larm Monitoring
https://attendee.gotowebinar.com/register/3930780819384477185

November 20, 2014 - AvantGuard Monitoring
https://attendee.gotowebinar.com/register/2150841918496668162

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                                                 Speaking Engagements

If you would like to schedule a free live video/webinar presentation for your association meeting or event contact Eileen Wagda at 516 747 6700 x 312.

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