News & Analysis as of

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

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

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Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more

Seyfarth Shaw LLP

Time to Revisit Your HIPAA Documents After Reproductive Health Privacy Rule Vacated

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In the wake of a recent federal District Court decision, the reproductive health care HIPAA Privacy rules finalized during the Biden Administration have been vacated and plan sponsors should re-evaluate the language included...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

Holland & Knight LLP

Change Healthcare Cybersecurity Incident: Financial Impact and Resulting Litigation

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On Feb. 21, 2024, the ransomware hacker group ALPHV, otherwise known as "BlackCat," disabled Change Healthcare's nationwide healthcare billing and information systems and demanded a ransom to unlock them....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

Akerman LLP - Health Law Rx

Attention, Group Health Plans: New HIPAA Privacy Rule Governing Reproductive Health Care Information Imposes Obligations,...

It is critical for employers and plan fiduciaries/administrators to stay informed of HIPAA privacy and security-related legal developments because most employer sponsored group health plans — regardless of the employer’s...more

Woodruff Sawyer

Navigating Mid-Year Benefit Election Changes

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One of the most common questions that we receive is whether an employee can change their benefits elections after the plan year has already started (also referred to as a mid-year change).  The answer is very fact-specific...more

White and Williams LLP

It’s “Personal”– An Expansion of What Qualifies As “Personal Information” Under Pennsylvania’s Data Breach Notification Law

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In Pennsylvania, data breach notification is governed by the Breach of Personal Information Notification Act (“the Act”). Originally codified in 2005, the Act addresses the security of computerized data and the notification...more

Lowenstein Sandler LLP

Reproductive Rights: FAQS for People Seeking Abortions in New Jersey

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SAFE INTERNET SEARCHES AND PHONE CALLS- If I’m researching abortion online, are there ways to keep my searches private? Before you read these FAQs, you might want to educate yourself on how to keep your data more private....more

Seyfarth Shaw LLP

Oh What a Relief It Is - For Health Plan Participants

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Tuesday, shortly after the IRS extended deadline relief to employee benefit plans, the U.S. Department of Labor granted its own relief for a number of deadlines related to the administration of employee...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Announced by CMS – Approximately 75,000 Individuals’ Files Affected

Cyber-attacks on healthcare data are becoming increasingly common and costly and last week even CMS announced that it had suffered a data breach....more

Jackson Lewis P.C.

Massachusetts Enacts Law Providing Greater Privacy Of Health Insurance Information

Jackson Lewis P.C. on

Health insurance carriers often provide explanation of benefits (EOB) summaries to the policyholder specifying the type and cost of health care services received by dependents covered by the policy. EOBs often disclose...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2017 #4

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Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Robinson+Cole Data Privacy + Security Insider

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

Orrick, Herrington & Sutcliffe LLP

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

Troutman Pepper Locke

EEOC’s Wellness Program Rules in Doubt

Troutman Pepper Locke on

Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

Burr & Forman

2016 Health Care Year in Review

Burr & Forman on

Since I began writing this year-end review in 2013, there have been some common themes – a shift to pay for quality and away from fee-for service, much of which has been brought about by the Affordable Care Act (ACA): efforts...more

Polsinelli

Time for a Wellness Check on your Wellness Program? New EEOC Regulations Could Diagnose Need for Change

Polsinelli on

In light of new rules from the Equal Employment Opportunity Commission (EEOC), employers should examine their wellness programs now (and during open enrollment for next year) to determine the potential impact of the final...more

Robinson+Cole Data Privacy + Security Insider

Illinois data breach law amended and includes new twists

Governor Bruce Rauner signed several new provisions into law amending Illinois’ Personal Information Privacy Act, including health insurance and medical information into the definition of personal information that triggers...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

Robinson+Cole Data Privacy + Security Insider

Experts cite employee wellness programs as area of data privacy concern

In an effort to curb rising healthcare costs, many employers have introduced wellness programs, which use assessments and motivators to improve employee health. Such programs collect information from various sources including...more

BakerHostetler

State Law Roundup: Legislatures Across the U.S. Revamp Data Breach Notification Laws

BakerHostetler on

As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more

Proskauer on Privacy

Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

Proskauer on Privacy on

On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more

Constangy, Brooks, Smith & Prophete, LLP

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

Stinson LLP

Multiple Departments Issue Guidance on Wellness Programs

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The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized....more

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