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Health Insurance Portability and Accountability Act (HIPAA) Employer Liability Issues Today's Popular Updates

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

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Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Health Care Compliance Association (HCCA)

Disclosure of Full Record to Employer Results in $35K Fine, Broad CAP; Echoes of 2017 HIV Case

It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

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A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

Akerman LLP - HR Defense

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How...more

Seyfarth Shaw LLP

Wellness Apps and Privacy

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Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Seyfarth Shaw LLP

Cyber Strategy: HHS Weighs in on Cybersecurity in the Healthcare Industry

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Seyfarth Synopsis: The health care sector faces escalating cybersecurity risks given its size, technological dependence and the sensitive nature of data used therein. According to the U.S. Department of Health and Human...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 23, Number 2. Privacy Briefs: February 2023

Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Fox Rothschild LLP

Employment Issues And The COVID-19 Vaccine

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As more individuals become eligible to receive a COVID-19 vaccine, employers need to understand what policies and protocols they can establish in order to ensure compliance with applicable laws and continue to maintain a safe...more

Littler

With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19

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With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more

White and Williams LLP

Liability in the Telehealth Era

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The COVID-19 pandemic has thrust upon the healthcare industry countless profound and likely permanent changes, not the least of which is in telehealth. Over the next several months, White and Williams will publish a series of...more

Payne & Fears

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

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As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Bradley Arant Boult Cummings LLP

New Year, New Data Security Requirement: South Carolina Adopts New Data Security Law

On January 1st, South Carolina became the first state to adopt the model insurance data security law requiring certain insurance licensees to investigate and report cybersecurity events in the state of South Carolina. The law...more

BakerHostetler

Change the Trajectory of Your Group Health Plan's Cost and Quality Outcomes

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This article explores: How employer group health plan sponsors can achieve greater transparency, improve cost and quality outcomes, and strengthen their payer positions....more

Amundsen Davis LLC

Basics Of The HIPAA Privacy Rule For Employers

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) addresses, among other things, the use and disclosure of individually identifiable health information, referred to as “protected health information” or...more

Holland & Hart - Employers' Lawyers

Data Privacy for Employees: A Two-Edged Sword

The recent launch of GDPR in the EU (spawning lawsuits against Google and Facebook for $8.8 Billion), and the endless string of data breaches (from Target and Home Depot to Equifax and Under Armor) has data privacy on...more

Fox Rothschild LLP

Beware: HIPAA Applies To The Health Plans You Never Knew You Had

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You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (EAP) and wellness program likely are subject to the HIPAA privacy, security and breach...more

Arnall Golden Gregory LLP

Legal Issues Business Leaders Need to Know in 2018

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in...more

Davis Wright Tremaine LLP

Employer-Sponsored Health Plan HIPAA Compliance Checklist

The administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) impose obligations on employer-sponsored group health plans. Given recent...more

Alston & Bird

Lawsuits Are Focused on Wellness Program Compliance. Are You?

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Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Haynsworth Sinkler Boyd, P.A.

Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% the employee cost for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Improper HIPAA Disclosure Results in Termination and Legal Dispute

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been...more

Seyfarth Shaw LLP

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

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Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...more

Proskauer - Employee Benefits & Executive...

New Affordable Care Act FAQs Provide Guidance on Preventive Services, Wellness Programs and Mental Health Parity

On October 23, 2015, the Departments of Labor, Health and Human Services and Treasury (the “Agencies”) jointly released their twenty-ninth (XXIX) set of Frequently Asked Questions (FAQs) about Affordable Care Act (ACA)...more

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