Latest Posts › Health Insurance Portability and Accountability Act (HIPAA)

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One Court Permits Tobacco Premium Surcharge Claims to Proceed Beyond the Pleading Stage, While Dispositive Motions Remain Pending...

In fall 2024, plaintiffs filed a wave of putative class action lawsuits against employers challenging wellness programs that impose a health coverage premium surcharge on participants if they do use tobacco or do not complete...more

Biden Administration Proposes Beefed-Up HIPAA Security Rule… But Prognosis Uncertain

On January 6, 2025, the Biden Administration issued a new proposed rule updating the HIPAA Security Standards ( “Proposed Rule”). The original HIPAA Security Standards were issued in 2003 and updated in 2013 and require that...more

Recent Lawsuits Target Health Plan Premium Surcharges Based on Tobacco Use

There is a new series of putative class action lawsuits in which the plaintiffs allege that employers that sponsor self-funded health plans with health plan premium surcharges related to tobacco use or vaccination status...more

Reproductive Health Care: New HIPAA Restrictions & Compliance Checklist

Earlier this year, the Department of Health & Human Services Office of Civil Rights (“HHS”) published a final “HIPAA Privacy Rule to Support Reproductive Health Care Privacy” that imposes new restrictions on disclosure of...more

New Tri-Agency Guidance on COVID-19 Vaccine-Related Premium Surcharges/Discounts

With rising rates of COVID-19 cases in the past few months, employers have been increasingly interested in exploring incentives designed to increase COVID-19 vaccination rates among employees. One idea that has been gaining...more

DOL & Treasury Extend ERISA-Required Deadlines, Creating Questions & Disruptions in Administrative Procedures

On April 29, 2020, the Departments of Labor (“DOL”) and Treasury (together, the “Departments”) issued guidance extending certain deadlines related to retirement, health, and welfare plans in response to the current COVID-19...more

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