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Minutes for HB2777 - Committee on Health and Human Services
Short Title
Prohibiting an employee of the office of the state fire marshal from wearing or operating a body camera during an on-site inspection at a patient care facility.
Minutes Content for Wed, Feb 14, 2024
Jenna Moyer, Revisor of Statutes, provided an overview of HB2777.
Tara Mays, Vice President State Legislative Relations, Kansas Hospital Association (KHA), provided testimony in support of HB2777 (Attachment 1). The bill will help its member hospitals ensure compliance with HIPPA Privacy Rules and patient privacy. While the Kansas Fire Marshal's office is not subject to HIPPA federal laws, hospitals are and have a real liability in a situation where body cameras are recording video and or audio. HIPPA does permit certain incidental uses and disclosures when a hospital has applied reasonable safeguards. Disclosure of protected patient information may not be considered "incidental" when hospital staff are aware of, and allow, an individual to enter the facility using a body camera. To KHA's knowledge, the Office of the Kansas State Fire Marshal (OSFM) has failed to provide notice of its potential policy change, the policies and procedures governing the use of cameras and recordings, or the inspectors training or knowledge of HIPPA regulations for which hospitals are subject.
Kylee Childs, Director of Government Affairs, LeadingAge Kansas, provided testimony in support of HB2777 (Attachment 2). On January 19, 2024, we learned that the OSFM showed up at a healthcare provider inspection wearing a body camera. It was learned that inspectors have been wearing body cameras since 2021. The OSFM stated that they were under no obligation to provide disclosure on this policy to stakeholders. While cameras are permitted in adult care homes by statute, this is based entirely on consent of individuals being recorded. Consent is not able to be obtained by each individual resident for the OSFM as they are often unannounced inspections. In 2016, CMS issued a memorandum to nursing facilities on the requirements to protect resident privacy and prevent mental abuse related to photographs or videos of residents without consent. There is a difference between inspections and investigations. Inspections do not carry the same weight. There is a presumption that since OSFM is subcontracted by KDADS to carry out inspections, they should adhere to the same policies as KDADS who are not utilizing recording devices of any kind. We have sought guidance from CMS. Examples from other states were provided. While it may be a legal practice, we do not feel it is the right practice.
The following provided written only testimony in support of the bill:
Rachel Marsh, CEO, Children's Alliance of Kansas (Attachment 3)
Matt Fletcher, Executive Director, InterHab (Attachment 4)
Jamie Gideon, Kansas Director of Public Policy, Alzheimer's Association (Attachment 5)
Linda MowBray, President & CEO, Kansas Health Care Association and Kansas Center for Assisted Living (Attachment 6)
The following provided neutral testimony of the bill:
Mark Engholm, Kansas State Fire Marshal (Attachment 7)
The hearing on HB2777 was closed.
