On November 28, 2022, Health and Human Services/Office for Civil Rights (HHS/OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA) introduced proposed changes to confidentiality rules relating to 42...more
Since its inception, GINA has been a bit of a mystery to employers trying to determine when and how it might apply and how to take practical steps to mitigate the risk of any type of GINA claim. ...more
We all know that neither Google nor Facebook has a legal degree, but that doesn’t stop your employees from acting as if they do. More than one employee pushes back on a policy saying, “I read on Facebook___” or “I Googled___...more
Last week, we looked at some of the concerns businesses face when they consider whether to let an employee work the duration of their notice period or if it’s better to cut ties quickly. Read about the issues that notice...more
3/2/2021
/ Appeals ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Hostile Environment ,
Human Resources Professionals ,
Notice Requirements ,
Resignation ,
Waivers ,
Wrongful Discharge in Violation of Public Policy
Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more
During a pandemic data privacy concerns may appear to take a back seat. However, while the Office of Civil Rights has expanded electronic platforms which may be used for HIPAA-related purposes and the EEOC now lets you take...more
Q: We are going to do much more of our work via telehealth processes. Has OCR made any statement about how we can do that?...more
Q: The CDC has recommended that we take the temperature of residents and visitors to our long-term care facility. We are fine to do that but what do we do with that information?...more
3/19/2020
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Biometric Information ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Response ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Infectious Diseases ,
Long Term Care Facilities ,
Policies and Procedures
My Director of Nursing (DON) decided to put up a personal surveillance camera in her office. It streams to her phone, and both she and her husband can view the stream at any time. It captures both pictures and sound. She...more
Sometimes the school teacher refrains, “everyone be quiet” or “back to your corners” can feel like an excellent tool for managing employees. However, there are some pitfalls to be aware of when you ask your employees to avoid...more
1/28/2020
/ Confidential Information ,
Confidentiality Policies ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internal Investigations ,
Media ,
NLRB ,
OSHA ,
Section 7 ,
Trade Secrets
As a healthcare provider, it can be extremely difficult to assess when you should reach out to law enforcement for assistance managing patients. There is a wide array of laws which impact how you communicate with law...more
This is part two of a two-part series covering drug diversion In Iowa. Last week, we started with an overview of key questions and considerations when there is a drug diversion issue. ...more
Many companies have recently begun receiving Business Associate Agreements from healthcare entities, including hospitals, clinics, physician offices, public health facilities and similar types of organizations. Business...more
When the new HITECH rules came out OCR specifically said, “...uses or disclosures that impermissibly involve more than the minimum necessary information...may qualify as breaches.” But what exactly is the minimum necessary...more
The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so...more
I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more
4/21/2014
/ Audits ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospitality Industry ,
Hospitals ,
Illegal Drugs ,
OCR ,
ONC ,
Patients ,
Prescription Drugs
Charged with enforcing HIPAA and chided along by Congress to do a more proactive enforcement job, the Office of Civil Rights at HHS has entered into its 13th Corrective Action Plan for a covered entity....more
HIPAA addresses a wide array of issues relating to medical privacy. It now also addresses if your momma’s ugly and that might be passed on to you. In addition to privacy and security the HIPAA Omnibus regulations also...more
Presumably at this point HIPAA, HITECH and the Omnibus Regulation have been published, digested and everyone is in full compliance with the requirements that have been set forth....more
The HIPAA Omnibus Regulation was publicly distributed by HHS last week with today, January 25, being the official publication date. The requirements are effective as of March 26, 2013 with a compliance deadline for almost...more
It has always been difficult to make determinations regarding what information can be provided to a family member once a patient or long-term care resident has passed away....more
Under the revised HIPAA regulations published on 01/25/2013 business associates and their subcontractors become specifically liable for most of the security and privacy regulations under HIPAA and the HITECH Act....more
On Jan. 15, Leon Rodriguez, Director of the Office of Civil Rights, released a letter to the nations’ healthcare providers reiterating adherence to what many commonly refer to as the Tarasoff standard....more