Cheryl is the Vice President for AmeriSys. Her primary … · 2018. 9. 24. · In situations of...

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Beginning October 1st of this year, due to enacted Florida legislation, first responders under certain circumstances will be provided workers’ compensation benefits for Post-Traumatic Stress Disorder absent of a physical injury. These benefits are not subject to a certain apportionment or limitation providing a time for notice of injury or death. The PTSD diagnosis will not be limited to a 1 percent impairment rating as are mental health disorders currently. The new legislation is requiring mental health training for first responders, inclusive of mental health awareness, prevention, mitigation and treatment. The legislation requires the PTSD diagnosis to be based on the Diagnostic and Statistical Manual for Mental Disorders, 5th Edition, published by the American Psychiatric Association. The following is the DSM-5 definition of PTSD: Under DSM-5, post-traumatic stress disorder (PTSD) is an anxiety disorder that develops in relation to an event which creates psychological trauma in response to actual or threatened death, serious injury, or sexual violation. The exposure must involve directly experiencing the event, witnessing the event in person, learning of an actual or threatened death of a close family member or friend, or repeated first-hand, extreme exposure to the details of the event. Traumas experienced may involve war, natural disasters, car accidents, sexual abuse and/or domestic violence. A formal diagnosis of PTSD is made when the symptoms cause clinically significant distress or impairment in social and/or occupational dysfunction for a period of at least one month. The symptoms cannot be due to a medical condition, medication, or drugs or alcohol.  1 (Criterion A) Not every employee who lives through or witnesses a traumatic event will develop PTSD. There are multiple risk factors that increase an employee’s chance of developing PTSD. Those factors include, but are not limited to getting physically hurt, a childhood trauma, or having little or no social support after the incident. CONTINUED ON PAGE 2 PTSD Coverage for First Responders Exclusive Article: They Get By With a Little Help From Their Friends: First Responders and PTSD ........................... 4 New JJ Keller Online Video Streaming Training Platform for Preferred Members ............. 6 Special Article: Emerging Technology and Privacy Protections: Supreme Court Requires a Search Warrant for Cellular Telephone Historical Geographic Tracking Data ...................... 7 Welcome New Preferred Members .............. 8 News Extra: Hurricane Scaping: Making Your Landscaping Storm Wise ....................................... 9 Special Announcement: Announcing the Preferred Safety and Risk Management Award Program .................. 10 Member Spotlight .............. 11 Breaktime Fun -n- Games .................... 11 Fall 2018 Inside This Issue: By Cheryl Gulasa RN, CPHM, CCM – Vice President, AmeriSys News

Transcript of Cheryl is the Vice President for AmeriSys. Her primary … · 2018. 9. 24. · In situations of...

Page 1: Cheryl is the Vice President for AmeriSys. Her primary … · 2018. 9. 24. · In situations of PTSD, the memories are stored in the wrong place making the injured employee feel like

Beginning October 1st of this year, due to enactedFlorida legislation, first responders under certain circumstances will be provided workers’ compensation benefits for Post-Traumatic Stress Disorder absent of a physical injury. These benefits are not subject to a certain apportionment or limitation providing a time for notice of injury or death.

The PTSD diagnosis will not be limited to a 1 percent impairment rating as are mental health disorders currently.

The new legislation is requiring mental health training for first responders, inclusive of mental health awareness, prevention, mitigation and treatment.

The legislation requires the PTSD diagnosis to be based on the Diagnostic and Statistical Manual for Mental Disorders, 5th Edition, published by the American Psychiatric Association.

The following is the DSM-5 definition of PTSD:

Under DSM-5, post-traumatic stress disorder (PTSD) is an anxiety disorder that develops in relation to an event which creates psychological trauma in response to actual or threatened death, serious injury, or sexual violation. The exposure must involve directly experiencing the event, witnessing the event in person, learning of an actual or threatened death of a close family member or friend, or repeated first-hand, extreme exposure to the details of the event. Traumas experienced may involve war, natural disasters, car accidents, sexual abuse and/or domestic violence.

A formal diagnosis of PTSD is made when the symptoms cause clinically significant distress or impairment in social and/or occupational dysfunction for a period of at least one month. The symptoms cannot be due to a medical condition, medication, or drugs or alcohol. 1 (Criterion A)

Not every employee who lives through or witnesses a traumatic event will develop PTSD. There are multiple risk factors that increase an employee’s chance of developing PTSD.

Those factors include, but are not limited to getting physically hurt, a childhood trauma, or having little or no social support after the incident.

CONTINUED ON PAGE 2

PTSD Coverage for First Responders Exclusive Article: They Get By With a Little Help From Their Friends: First Responders and PTSD ........................... 4

New JJ Keller Online Video Streaming Training Platform for Preferred Members ............. 6

Special Article: Emerging Technology and Privacy Protections: Supreme Court Requires a Search Warrant for Cellular Telephone Historical Geographic Tracking Data ...................... 7

Welcome New Preferred Members .............. 8

News Extra: Hurricane Scaping: Making Your Landscaping Storm Wise ....................................... 9

Special Announcement: Announcing the Preferred Safety and Risk Management Award Program .................. 10

Member Spotlight .............. 11

Breaktime Fun -n- Games .................... 11

Fall 2018

Inside This Issue:By Cheryl Gulasa RN, CPHM, CCM – Vice President, AmeriSys

News

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FEATURE ARTICLE

These symptoms last for more than one month (Criterion F). The correct diagnosis prior to one month of symptom-duration is Acute Stress Disorder.

The symptoms create a level of distress or functional impairment. This impairment could be either social or occupational (Criterion G).

The symptoms are not due to medication, substance use, or other illness (Criterion H).

In addition to meeting the criteria for a PTSD diagnosis, an injured employee will be experiencing high levels of either of the following in reaction to trauma-related stimuli (Dissociative Specification):

• Experience of being an outside observer or detached from oneself (Depersonalization) • Experience of unreality, distance, or distortion (Derealization)

Full diagnostic criteria are not met until at least six months after the trauma(s), although onset of symptoms may occur immediately (Delayed Specification). 2

With PTSD, the Amygdala, the area in the brain where flight, fright or freeze signals originate, sends signals to the adrenal glands that begin a stress response. The Hippocampus is the area in the brain where memories are stored in the right place. In situations of PTSD, the memories are stored in the wrong place making the injured employee feel like the incident is happening again instead of being a memory.

In making a diagnosis of PTSD, the authorized psychiatrist will also be ruling out other similar diagnoses. For example, acute stress disorder has the same symptoms as PSTD but with shorter duration. There are multiple anxiety and depressive disorders that have similar symptomology as PTSD.

Substance abuse is a frequent complication of PTSD, and determining if substance abuse is the root cause must be determined. Finally, various personality disorders have a close resemblance to PTSD as well.

The goals for intervention include stabilization, a reduction of symptoms, return to functionality, and facilitation of continued care for the injured employee.

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To quantify the PTSD diagnosis, the injured employee will have to be experiencing one of the following intrusion symptoms (Criterion B):

• Unwanted upsetting memories• Nightmares• Flashbacks

• Emotional distress after exposure to traumatic reminders• Physical reactivity after exposure to traumatic reminders

The injured employee should also be avoiding trauma-related stimuli after the incident in either trauma related thoughts or feelings. This can also be trauma-related external reminders (Criterion C).

Negative thoughts or feelings that begin or worsen after the trauma will present in at least two of the following ways (Criterion D):

• Inability to recall key features of the trauma• Overly negative thoughts and assumptions about oneself or the world• Exaggerated blame of self or others for causing the trauma• Negative affect

• Decreased interest in activities• Feeling isolated• Difficulty experiencing positive affect

Trauma related arousal and reactivity that begins or worsens will present itself in the following ways (Criterion E):

• Irritability or aggression• Risky or destructive behavior

• Hypervigilance• Heightened startle reaction

• Difficulty concentrating• Difficulty sleeping

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During the stabilization phase, the injured employee must be assessed to ensure all immediate medical and physical needs are being met. This will involve establishing a sense of safety and security. At this time, it is essential to identify if there is social support available.

To facilitate a reduction of the injured employee’s symptoms, it is necessary to initiate psychological therapies. The amount of sessions required will vary by individual, but the average number of therapy sessions range between 12 and 16. The two types of therapy most frequently utilized are Cognitive Behavioral Therapy and Exposure/ Desensitization Therapy.

Cognitive Behavioral Therapy, which utilizes the principles of learning and conditioning to treat the disorder, has been proven to have the best response.

Exposure/Desensitization is a therapy which includes imaginal exposure and/or “in vivo” therapy. The injured employee would confront the actual scene of the incident or a similar trauma event.

If medication management is required, usually Anti-Depressants are utilized. The treatment must be designed to move the injured employee’s memories where they are supposed to be and stop the stress response from occurring. In doing so, there is a defusing of the effect the trauma memory has over the injured employee.3

By understanding the PTSD disease process we will be better able to comply with the new legislation and implement a claims protocol that will best serve our customers and their injured employees.

Clinical oversight will be essential for the management of this program. AmeriSys is partnering with Dr. Michael Coupland, RPsych (AB), the Network Medical Director for Integrated Medical Case Solutions (IMCS Group) to assist with development of the PTSD component of the BADGE program. Dr. Coupland and his team of psychiatrists and psychologists bring a wealth of experience in dealings with PTSD for municipalities, along with proven outcomes for their patients.

A psychiatrist will be required to make a PTSD diagnosis, assign a work status or functional limitations, if necessary prescribe medications, and make Maximum Medical Improvement and Permanent Impairment Rating determinations. All other therapies can be provided by a psychologist.

Any time Workers’ Compensation is faced with new legislation; there are multiple challenges for both the claims handlers and defense counsel. This time will be no different.

There will be challenges related to the time frames for a PTSD diagnosis, which by evidence-based guidelines cannot be given prior to 30 days. The handling of the “acute stress disorder” in the first 30 days will need to be investigated. Another issue will be apportionment related to any pre-existing mental health conditions. Finally, and the most significant, as it is currently with presumption claims, the 1996 Florida Impairment Guidelines are very outdated and are not written to address this issue either.

As your claims and medical management partner, we are committed to ensuring compliance with the new legislation, providing the highest quality of mental health care to your injured employees and staying current with any case law that may affect the processing of these complicated claims.

FEATURE ARTICLE

Cheryl is the Vice President for AmeriSys. Her primary responsibilities include overseeing the professional operations of AmeriSys which includes Telephonic Case Management, Field Case Management, Provider Relations and Utilization Management, including Bill Review. Cheryl has over 34 years’ experience in nursing, the last 16 years in workers’ compensation case management and utilization management. She has successfully implemented and handles large public entity programs. Cheryl’s experience, coupled with her energy and leadership skills, brings valuable assets to our organization.

1 https://www.theravive.com/therapedia/posttraumatic-stress-disorder-(ptsd)-dsm--5-309.81-(f43.10) 2 https://www.brainline.org/article/dsm-5-criteria-ptsd 3 Dr. Michael Coupland, RPsych (AB) Network Medical Director, Integrated Medical Case Solutions (IMCS Group)

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EXCLUSIVE ARTICLE

They Get By With a Little Help From Their Friends: First Responders and PTSD

Social isolation is one of the classic symptoms of Post-Traumatic Stress Disorder (PTSD). It’s not necessarily that those affected have no interest in engaging in their normal activities, but the fear of persistent flashbacks and panic attacks that seem to arise with no apparent reason often prevents sufferers from leaving their homes - sometimes even their beds.

Understanding how the brain processes traumatic events helps explain the physiological responses and what is needed to move beyond them. One of the most important and effective strategies for someone with PTSD is socialization with others who understand and are supportive. This is especially true for First Responders.

In working with First Responders in both the U.S. and Canada, I know that appropriate treatment that includes a strong socialization component can prevent or mitigate incidents of PTSD. Departments that utilize peer counseling have seen dramatic reductions in needless suffering and lost workdays among First Responders.

The Brain in Trauma

From the time humans first existed, our bodies have been poised to protect us in any way possible. When faced with danger our brains tell us how to respond; we can choose to fight the bear or whatever is ready to attack, or we can take flight. Additionally, there is the freeze reaction, where we become immobilized. This act of playing possum, or pretending to be asleep, unconscious or dead, might just trick the bear into ignoring us and moving along.

The freeze response is a failsafe survival mechanism. It kicks in when neither fighting nor fleeing is possible. The freeze response is a product of the vagus nerve, one of the largest nerves in the body.

The vagus nerve typically helps us maintain a smooth psychological balance between arousal and relaxation. It helps control the lungs, heart, and stomach. But when we are faced with a threat the vagus nerve becomes dysfunctional and essentially shuts down these systems. The result can range from a slight inability to think clearly to actually fainting.

As humans have evolved, a new branch of the vagus nerve has emerged. It is partially responsible for our expressions and is active in social engagement. When this part of the vagus nerve is active we seek social engagement as a means to calm us and lessen the need for oxygen and food.

Some people who are faced with trauma have a freeze response, indicating their vagus nerve is not functioning properly. When the vagus nerve is out of whack, the gut, heart and brain don’t function properly. Interestingly, we technically have three brains, since the gut and heart are predominantly made up of neurotransmitter cells and the vagus nerve is the communication pathways for synchronization between the three organs.

Adding to this is the fact that experiencing a traumatic event can result in memories getting filed in the wrong places in the brain. So a thought or stimuli that occurred just before the trauma can become jumbled together with the horrific event and trigger a flashback in which the person feels as if he is reliving the event.

A police officer looking at paperwork shortly before he is called to a mass shooting may subsequently re-experience the trauma whenever he sees something that was on the paperwork. Even though the two events are unrelated, his brain has intertwined the memories. It explains why people with PTSD have panic attacks for no apparent reason.

Regulating the vagus nerve settles down these various responses. It calms the stomach, heart and brain, and gets memories filed correctly. Engaging in social interaction is one of the steps to get the vagus nerve back on track and regulate that psychological balance again. Socialization among peers is one of, if not the most important steps to help First Responders recover from PTSD.

By Michael Coupland, RPsych (AB), CEO, Network Medical Director - IMCS Group

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EXCLUSIVE ARTICLE

PTSD installs feelings of loss of control and safety. Others with a clear understanding of that can help them recoup that trust. Debriefing - a process of helping the PTSD sufferer sort out which facts are related and which are unrelated to the trauma - is most successful when done in groups of peers.

A study of police officers in Canada revealed that a lack of social support from colleagues during and immediately after a traumatic event was a strong risk factor for developing PTSD. Also, a perception of negative social interactions after a trauma was cited as another risk factor. A workplace with a stressful, unsupportive atmosphere is more likely to have PTSD cases than one with a supportive environment.

Peer Counseling

The Toronto Transit Company implemented a peer counseling group in 2015 to help workers who witnessed suicides on subway tracks. The organization has since seen a reduction of 45 percent in related lost-time injuries following such incidents. It has also received a National Corporate Leadership Award from a trade association for the Canadian urban transit industry.

In Chicago, the Gatekeepers Peer Support Network is described as one of the most effective aspects of the Fire Department’s Employee Assistance Program. Earlier this year, Georgia lawmakers considered a proposal to create a state-run program of peer counseling for First Responders at all levels of government. Florida has enacted legislation to mandate mental health awareness training for First Responders.

Organizations that work with First Responders are increasingly warming up to the idea of formalized peer support. We know that social interaction is imperative to help calm the vagus nerve and aid recovery from PTSD. Socializing with others who have been through the same or similar traumas is the most effective way to do that, especially for First Responders. The camaraderie of their professions is one of the protective factors against developing PTSD. Sharing similar experiences with a peer engenders mutual trust that does not exist easily with a counselor outside the group. Formalized peer counseling programs go a long way in helping First Responders with PTSD - if they are created and implemented correctly.

Elements of Peer Counseling Programs

The Toronto Transit Company’s program is comprised of 14 employees, many of whom have experienced traumas on the job. They receive training for 3 days on how to support and encourage colleagues who have witnessed tragedies. The program is a model for those that are most effective.

Training for peer counselors typical involves critical incident stress support - or crisis intervention, ethics and guidelines for the peer supporter. Those who volunteer to be involved must be recovered enough from any traumas they‘veexperienced to be able to support someone else.

They may work with colleagues in a number of ways:

• One-on-one support, such as mentoring and befriending

• Reaching out to colleagues who have recently been exposed to a traumatic event

• Participate in support groups that meet on a regular basis to provide mutual support

• Community resource and professional intervention referral

• Assistance with goal setting

The idea of a peer counselor is not to replace a trained clinician or to try to fix a fellow employee. Instead, it is to help by relating to other workers in a way no one else can. They provide empathy and encouragement to help the colleague face difficult situations in a safe, nonthreatening manner.

The role of the peer counselor is to help and observe colleagues who have been through traumas. A person who seems to be withdrawn and isolating himself may need assistance.

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EXCLUSIVE ARTICLE

The peer counselor can approach the worker and see how he can help. That may require the counselor to refer the worker to the EAP program or more professional counseling, for example.

One additional benefit of peer counseling programs is the support they can provide to the families of First Responders with PTSD. Engaging in normal family activities is a big step in helping the worker recover. Peer counselors can stress this to family members and provide resources that may help them better cope.

Workers who elect to become peer counselors are often those who have been through traumatic events themselves and either have had the benefit of working with other peer counselors, or see the benefit of doing so.

Integrated Medical Case Solutions (IMCS) is a national network of Health Providers in Psychology that delivers cognitive behavioral therapy (CBT) for chronic pain, trauma and insomnia across the country for the workers’ compensation industry.

For additional information, contact us at https://theimcsgroup.com, or http://www.cope-with-pain.com.Please join our LinkedIn group, COPE with Pain at https://www.linkedin.com/groups/8540640.

Michael Coupland is a Charter Psychologist, Registered Psychologist and was a Certified Rehabilitation Counselor (inactive as of 3/31/16). He co-founded three national Disability Evaluations companies that have performed over 250,000 evaluations. He is the developer of the Assess Ability Functional Medicine Evaluation and Functional Psychological Evaluation systems. He is author of the COPE with Pain program and Supervised Withdrawal of Opioids Program (SWOP) for chronic pain intervention and national practice leader for a national network of psychologists and addiction medicine providers for the COPE and SWOP programs. He is a chapter author of the AMA 6th Ed. Guidelines companion text Guides to the Evaluation of Functional Ability and author of Psychosocial Interventions for Chronic Pain Management, The International Journal of Industrial Accident Boards and Commissions; Fall 2009. He was honored in 2014 with the Top 50 People in Workers Compensation award from the SEAK organization.

Preferred is excited to announce a new online video streaming training platform now available to all Preferred members free of charge through a new partnership with J.J. Keller & Associates, Inc.This new training resource gives our members unlimited access to J.J. Keller’s extensive video streaming library of videos covering transport safety, hazmat, workplace safety, construction safety, and human resource/legal compliance in english and spanish to support their training initiatives. In addition, Video on Demand includes the following:

• Expert content – J.J. Keller’s regulatory and subject-matter experts make sure all video content reflects the most current regulations and best practices.

• Consistent delivery – Powerful “Remote View” training capabilities help ensure that no matter how many employees need training, or where they are located, your training message will reach them and be consistent.

• Premium content – Programs include Trainer’s guides, quizzes, PowerPoint presentations, images, checklists and posters.

• Tablet & Mobile Capable – Now you can watch videos from the entire Video on Demand library on your preferred mobile device, such as tablets and smartphones.

To learn more on how your organization can take advantage of this exciting new free training resource being made available, please contact Mike Stephens, Senior Loss Control Specialist, at Ph: 321 832-1658 / Email: [email protected], or your respective regional Loss Control Consultant. Your respective Loss Control Consultant can also suggest the best implementation strategy for your organization.

As part of Preferred’s initiative to provide continuous improvements for products/services offered to our members, we highly encourage you to considering utilizing Video on Demand to assist you with your safety and risk management training needs.

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In a sharply divided opinion, the United States Supreme Court 1 has changed the landscape for law enforcement investigators seeking to obtain historical geographic location information from cellular telephone providers.

As is often the case with emerging technologies, the seizure of this data does not fit neatly within existing precedent, but instead, lies at the intersection of two lines of cases: (1) those finding a fundamental privacy right in one’s physical location and movements, and (2) those finding no reasonable expectation of privacy in information voluntarily turned over to third parties.

Until now, it has been commonplace to obtain mobile phone data transmitted to cellular towers using a court order. Using this process, the investigator must establish reasonable grounds to believe the records sought are material and relevant to an ongoing investigation. However, with the Court’s clarification, it is now clear that mobile phone geographic location data transmitted to cell phone towers may only be obtained via search warrant and the requisite showing of probable cause.

The Carpenter Court evaluated the very narrow question of whether the government conducts a search under the Fourth Amendment when it accesses historical cell phone location records that provide a comprehensive chronicle of the user’s past movements. After finding that geographic tracking is subject to Fourth Amendment protections, the Court was careful to narrowly tailor its opinion to these limited facts. This opinion is not intended to address: (1) real time data gathering; (2) “tower dumps” that provide all data from a particular tower at a particular time; (3) the use of security cameras; (4) conventional surveillance techniques; (5) business records that may incidentally reveal geographic location; or (6) collection techniques involving foreign affairs or national security. Equally apparent is the Court’s lack of any restrictions on existing exceptions to the warrant requirement, such as exigent circumstances. Indeed the Court noted that the pursuit of a fleeing suspect, the need to protect individuals who are threatened with imminent harm or to prevent against the imminent destruction of evidence all remain valid exceptions to the warrant requirement. Succinctly stated, the rule the Court established in Carpenter “does not limit the ability to respond to an ongoing emergency.”

In 2011 police officers arrested four men suspected of committing a series of robberies in two states. Their investigation revealed a series of mobile telephone numbers used by accomplices, including the alleged leader, Mr. Carpenter. Prosecutors applied for and obtained court orders to obtain Carpenter’s mobile phone records. Federal law permitted the release of the records where the Government offered specific and articulable facts showing that there are reasonable grounds to believe that the records sought were relevant and material to an ongoing criminal investigation. The records revealed geographic evidence placing Carpenter near the scenes of several robberies. The defendant moved to suppress the location tracking data, arguing that it had been obtained without a warrant and without a showing of probable cause. The Government argued that there was no reasonable expectation of privacy because the defendant’s phone continuously shared its geographic location with the cellular provider’s network which allowed the triangulation of the phone’s location. The trial court agreed, and denied the motion to suppress the evidence on the basis that the geographic location data was voluntarily shared with the provider’s network. The appellate court affirmed the denial of the motion to suppress.

In recent history, the Court has decided several noteworthy cases weighing privacy rights against emerging technologies. In Kyllo v. United States, 533 U.S. 27 (2001), the Court found a reasonable expectation of privacy to be free from the government’s use of thermal imaging cameras to invade the sanctity of one’s home. In Riley v. California, 573 U.S. 783 (2014), the Court distinguished physical objects from mobile phones when applying the search incident to arrest exception to the warrant requirement. In United States v. Jones, 565 U.S 400 (2012), perhaps the most analogous case, the Court held that the use of a GPS tracker on a suspect’s vehicle triggered privacy concerns.

1 Carpenter v. United States, 585 U.S._____, (2018)

SPECIAL ARTICLE

Emerging Technology and Privacy Protections: Supreme Court Requires aSearch Warrant for Cellular Telephone Historical Geographic Tracking DataBy J. David Marsey, Esquire - Rumberger, Kirk & Caldwell

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SPECIAL ARTICLE

Although not then before the Court, five Justices agreed that privacy concerns would be raised by surreptitiously activating a stolen vehicle detection system “or conducting GPS tracking of his cell phone.” The Court has also addressed the lack of an expectation of privacy in records maintained by third-parties. In United States v. Miller, 425 U.S. 435 (1976), the Court held there was no reasonable expectation of privacy in canceled checks, deposit slips and monthly statements, because these records were created in the ordinary course of business. In Smith v. Maryland, 442 U.S. 735 (1979), the Court held that the use of a pen register to record outgoing phone numbers dialed on a landline telephone was not a search due to its limited capabilities and because when the numbers were dialed, the caller voluntarily conveyed the numbers to the telephone company. It was against this backdrop that the Court evaluated the seizure of historical GPS cellular phone tracking data.

The Court found the challenged seizure was most analogous to Jones and the already-established right to privacy in one’s location and movements, because, much like GPS data, the geographic cellular phone data is “detailed, encyclopedic, and effortlessly compiled.” The Court declined to equate the transmission of location data to cellular phone providers’ equipment as the voluntary disclosure of bank records or dialed phone numbers, because the information gathered here was a qualitatively different category of information. More specifically, the Court recognized that people are rarely without their telephones, but instead carry them with them at all times, thus becoming “almost a feature of human anatomy.” The Court reasoned that the intrusiveness of the search here exceeded that of the GPS tracker in Jones, because it would permit the government to track people “beyond the public thoroughfares and into private residences, doctor’s offices, political headquarters, and other potentially revealing locales.” “Accordingly, when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.” The Court also noted that the data is not truly “voluntarily provided,” because the phone’s automatic communications to the provider’s network take place without any affirmative action by the user. Therefore, the argument that one “voluntarily” provided his or her physical location to the provider network was not persuasive.

Decisions interpreting the Fourth Amendment are generally retroactive and will apply to all cases not yet final as of June 22, 2018, however, some exceptions may apply. By way of example only, the Supreme Court has extended the good-faith exception to the warrant requirement where investigators acted in reasonable reliance on a subsequently invalidated statute. See Illinois v. Krull, 400 U.S. 340 (1987). “Penalizing the officer for the [legislature’s] error, rather than his own, cannot logically contribute to the deterrence of Fourth Amendment violations.” Id. at 350. Therefore, the net effect on existing cases will likely have to be resolved on a case-by-case basis. Make no mistake, however, that effective June 22, 2018, law enforcement investigators must immediately cease and desist from obtaining historical geographic tracking data in the absence of a search warrant. Law enforcement executives should immediately circulate this directive and initiate a review of investigative policies and procedures to include the new search warrant requirement. Because the Supreme Court has spoken on the issue, it is now well-settled law, and therefore the good faith exception will not apply to future investigations.

J. David Marsey is a former police officer, investigator and prosecutor and is a partner at the law firm of Rumberger, Kirk & Caldwell in Tallahassee, Florida. He defends and advises corporations, government entities and their employees on casualty, employment and constitutional issues throughout the state. For more information, please visit www.rumberger.com.

Preferred would like to welcome the following new members...Pinellas County Metropolitan Planning Organization d.b.a. Forward Pinellas

Assistance Unlimited Inc.; Central Charter School

Academy of Environmental Sciences, LLC

Big Pine Elementary Academy

Palm Bay Academy, Inc.

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With the recent post hurricane activities of hurricane Irma, serious consideration should be given to hurricane-scaping landscaping. Hurricane-scaping is a process of taking the necessary steps to modify your landscaping to reduce storm damage. The process consists of selecting storm wise trees, addressing inland flooding/storm surge exposures to your landscaping as well as providing ongoing landscape maintenance.

Post storm analysis indicates that native trees/shrubs that are even branched with low centers of gravity and have deep root systems fare better in hurricane-force winds. Species like sea grapes and gumbo limbo quickly shed their leaves in hurricane-force winds, but the structures of these even-branched trees tend to remain intact and the foliage quickly re-grows. Native palms such as coconut, cabbage and thatch palms are also highly adapted to strong winds and are known to survive unscathed.

When planting trees one should consider their eventual size to avoid future conflicts with buildings, fences and power lines. Mature tree height is extremely important to consider under power lines. When trees are allowed to grow into power lines, they pose a year-round maintenance issue for the power company and increase the chances that power will be interrupted after a storm.

Flood tolerance and local storm-surge potential should also be taken into consideration. If areas are prone to inland flooding select landscaping that is flood-tolerant. For coastal landscaping you need to consider the possibility of a storm surge that could bring large amounts of salt water inland. Selection of salt-tolerant specifies such as coconut palms, sea grape and gumbo limbo can be utilized to minimize post-storm damage.

As part of an overall landscape maintenance plan pre/post storm preparation activities are equally important. That being said, it is always recommended to work with a Certified Arborist in planning for hurricane season to determine what needs to be completed pre/post hurricane. In advance of hurricane season brown fronds and seed pods on palms should be removed along with coconuts and harvest items, i.e. fruits, which are mature enough to pick. In addition, provide for the staking of small trees to secure them against heavy winds. Subsequent to a hurricane, take time to properly access landscaping damage. Secure and/or remove hazards and consider delaying the pruning and removal of trees and shrubs for as long as possible. The damage to the landscaping may look severe initially, but wind-whipped trees and shrubs can improve in appearance in a matter of months. When dealing with flooded areas, check the drainage system to remove any blockage to assist in reducing further damage to water-intolerant species.

Please refer to the Storm-Wise Landscaping table below to help you learn more about landscaping that is better suited to survive hurricanes:

NEWS EXTRA

Hurricane Scaping - Making Your Landscaping Storm WiseBy Chris Kittleson, Director of Loss Control Technical Services - Public Risk Underwriters of Florida, Inc.

Sea Grape

CypressDahoon Holly

Coconut Palm

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SPECIAL ANNOUNCEMENT

Announcing the Preferred Safety and Risk Management Award Program Submitted by Public Risk Underwriters of Florida, Inc. - Loss Control and Risk Management Department

The Preferred Safety & Risk Management Award Program was established to provide recognition to Members and Risk Management Professionals that have demonstrated exemplary Risk Management practices.

The Preferred Awards Program consists of two categories: the Member Award and Risk Management Professional of the Year Award. The Member Award is awarded to the member that has demonstrated continuous improvement through sound risk management practices as measured primarily by the performance of their organization’s insurance program. The Risk Management Professional of the Year Award is awarded to a Risk Management Professional that has demonstrated outstanding performance in the practice of risk management for their entity as well as the risk management profession.

Award recipients were nominated by their regional Loss Control Consultant. Below are the award winners for 2018.

Please contact your regional Loss Control representative to learn more about the Preferred Safety and Risk Management Award Program.

Lori McCullers, Risk Manager City of Naples

Risk Management Professional of the Year

Karen Muir, Risk Management Director City of North Miami

Risk Management Professional of the Year

The Villages Community Development DistrictsSafety and Risk Management Member of the Year Award

St. Lucie West Services DistrictSafety and Risk Management Member of the Year Award

Seacoast Utility AuthoritySafety and Risk Management Member of the Year Award

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KEY STAFF CONTACTS:

As a member of Preferred your first call should always be to your agent, if however you need help beyond your agent please feel free to contact us as indicated below:

Marketing:[email protected] Heyman

Operations:[email protected] Martin

Loss Control:[email protected] Stephens

Claims:[email protected] Tucker

MEMBER SPOTLIGHT

Please visit www.pgit.org/Resources/Fall 2018/Article Index for cryptogram and mini word search answer key

City of Lake Worth Installs ADA Compliant Beach Mat Pathways to Provide Disabled AccessSubmitted by Chris Kittleson, Director of Loss Control Technical Services - Public Risk Underwriters of Florida, Inc.

For individuals with disabilities getting access to the beach can present challenges and difficulties. In response to meeting the needs of individuals with disabilities, the City of Lake Worth has found a solution to provide inclusive, fully accessible beaches.

Fall Leaves Cryptogram & Mini Word Search

In June of this year, working in conjunction with Lauren Bennett, Assistant Director of Leisure Services and Mathew Botts, Chief of Ocean Rescue, the City of Lake Worth installed specially designed ADA (Americans with Disabilities Act) compliant beach access mats. The mats are strategically located adjacent to handicap ramps and beach pathways so the beach is now accessible to individuals in wheel chairs as well as people with walkers, elderly people that may have mobility issues and parents with strollers.

McShane Murphey, Assistant Director of Human Resources, indicated that it is the hope of the City of Lake Worth that residents and visitors, who have been unable to access the beach due to disabilities, now will be able to enjoy the beach and natural oceanside.

If you would like to learn more about Mobi Mat, please visit their website at www.mobi-mat.com, or contact McShane Murphy at [email protected].

BREAKTIME FUN -N- GAMES

Match up numbers & letters to decrypt the message. See how many Fall leaf colors you can find utilizing the Fall leaf color source words. Some words are spelled backwards, forwards, sideways, etc... Good luck!

BlueBronzeBrownGoldMauveOrangePinkPurpleRedRustTanYellow

Source Words:

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