EMS Body Cameras and HIPAA
There’s a heated discussion going on in the EMS community about the use of EMS providers and Body Worn Cameras (BWCs) ever since a Houston, Texas EMS agency announced that they will be equipping their paramedics with full body cameras. One of the most prominent questions is how this fits with HIPAA policies; others have questioned what benefits there might be, and how the videos will/can be used.
While there is NO HIPAA rule against recording patients, there are rules about HOW those recordings are used. The videos MUST be protected at all times, and a level of encryption combined with secure access (passwords) is highly recommended. There will also be times where it is acceptable and advisable to turn the camera OFF such as in cases involving treatment/interviews of minors after sexual assault or when patients are significantly disrobed.
Having the body cameras on from the beginning of a call will help to document the call and is an incredible addition to complete Patient Care Reports (PCR). It’s very common nowadays that many onlookers do record calls with cell phones, they are often viewed on social media without any censure; body cameras will provide the call from the individual responder’s perspective.
The body camera can work as a silent witness when complaints are made about negligence or abuse and can more reliably prove or disprove allegations better than he said/she said testimony. When EMS providers openly wear body cameras it may act as a deterrent to violence and aggression from onlookers, family members at a scene, and the patients themselves. Review of videos by medical directors, and quality assurance and safety officers, can help to improve overall patient care and responder safety.
Carefully used redacted or segmented videos also provide terrific in-service training opportunities as real-life scenarios which may be local to the agency’s area of service can be viewed by all responders. Finally when responders are called into court to provide testimony of a patient encounter, watching the video can refresh the memory without the fog that sometimes occurs after several months or multiple calls.
The discussion of BWCs in EMS has been around for several years, at least as Far back as the discussions about police BWCs, and has gained momentum as violence against first responders has seemed to increase. There are many advantages, some possible disadvantages, and definite concerns about the usage of these devices. Security and safe storage of videos (which can be expensive) needs discussion before an agency implements the use of cameras.
The use of the camera, especially turning it on and off, should never interfere with direct patient care. Some patients may object to the use of the camera feeling it is too invasive. EMS leaders need to set clear policies about when the camera can and should be turned off and also help the responders learn what to say, and not say, to a patient if questioned about the camera. Agency chiefs need to be aware of any local or state regulations regarding video recording in non-public areas and pass this information on to their crews. Some hospitals object to BWCs being used within their facilities. Training and clear protocols need to be made known to everyone in the EMS agency and all crew members need to comply with the directives.
No information from the author.
