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2 Mar 2020, 11:04 am by Cynthia Marcotte Stamer
  Along with assisting their health plan clients with these activities, brokers, consultants, TPAs, and other plan vendors also should evaluate the potential implications of the reforms in the 02/06/20 Proposed Rule as well as any relevant state law reforms on the advice and services they provide to their clients, as well as their potential responsibilities and exposures in light of the evolving state health and PBM transparency rules. [read post]
19 Aug 2019, 11:58 am by Cynthia Marcotte Stamer
About the Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER Texas Top Rated Lawyer” in Labor and Employment Law and Health Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care”… [read post]
28 Mar 2019, 2:54 pm by Cynthia Marcotte Stamer
Employers frustrated with the current Fair Labor Standards Act (“FLSA”) rules defining what forms of payment employers must count as part of an employee’s “regular rate” when calculating overtime should evaluate and consider expressing support for the Department of Labor’s proposal announced today (March 28, 2019) to update its more than 50-year old regulations implementing the regular rate requirements under section 7(e) of FLSA  in 29… [read post]
1 Apr 2019, 12:07 pm by Cynthia Marcotte Stamer
U.S. businesses should move quickly to express strong support for the Joint Employer Status under the Fair Labor Standards Act Rule proposed by the Department of Labor today to help reduce their exposure to liability to pay overtime or other liabilities of subcontractors or other businesses under the Fair Labor Standards Act (FLSA). [read post]
8 Jan 2019, 12:38 pm by Cynthia Marcotte Stamer
Interoperability will be a key priority for the Office of the National Coordinator for Health Information Technology (“ONC”) going forward. [read post]
10 May 2017, 10:20 am by Cynthia Marcotte Stamer
About The Author Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,” “Health… [read post]
25 Apr 2017, 3:21 pm by Cynthia Marcotte Stamer
While Congress and the Trump Administration continue to ponder and debate what if anything to do with the health care reforms of the Patient Protection and Affordable Care Act (ACA), employer and other health plan sponsors, health plan insurers, plan fiduciaries and others responsible for health plan design, administration or funding must take steps to verify their past and continuing compliance with the ACA and other federal mandates while laying the groundwork to respond quickly to any eventual… [read post]
5 Nov 2023, 3:10 pm by Cynthia Marcotte Stamer
Health plans, health care providers, healthcare clearinghouses and their business associates (“Covered Entities” should check out this new Office of Civil Rights (“OCR”) video intended to educate health care industry players about real world cyber-attack trends from OCR breach reports, OCR investigations and how implementation of appropriate Health Insurance Portability & Accountability Act (“HIPAA”) Security Rile compliance can mitigate their exposure to… [read post]
30 Apr 2019, 10:23 am by Cynthia Marcotte Stamer
Health plans must deliver electronic protected health information (“ePHI”) to electronic applications or software (“apps”) used by plan members, and are responsible under the Health Insurance Portability & Accountability Act (“HIPAA”) Privacy and Security Rules for the security of electronic protected health information (“ePHI”) on apps they sponsor or provide, according to new guidance from the Department of Health & Human Services… [read post]
24 Apr 2017, 5:08 pm by Cynthia Marcotte Stamer
CCDH Sanctions For Violation Of HIPAA Business Associate Agreement Rules The CCDH Resolution Agreement arises from violations of this requirement that OCR says it discovered as a result of a compliance review conducted in response to an OCR investigation of a CCDH business associate, FileFax, Inc. [read post]
5 Jan 2018, 5:35 am by Cynthia Marcotte Stamer
  In addition, five days after releasing the March 4, 2017 Breach 8-K, 21CO notified investors that its subsidiary, 21st Century Oncology, Inc. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Plans that decide not to disclose information otherwise required by such state law requirements in light of the Gobeille ruling or HIPAA concerns may want to consult with qualified legal counsel about the steps, if any, that the Plan might want to take to document its ERISA preemption or other justifications for not providing the otherwise required disclosures. [read post]
31 Aug 2016, 2:02 am by Cynthia Marcotte Stamer
While an employer is free to bring these to light in the EEO matter where it may rightly affect the outcome, the Retaliation Regs state it is unlawful retaliation for an employer to take matters into its own hands and impose consequences for participating in an EEO matter. [read post]
13 Jul 2018, 10:37 pm by Cynthia Marcotte Stamer
A flurry of activity in the House Ways & Means Committee and other Congressional committees over the past few weeks signals the advisability of keeping a close eye on health care and health benefit reform proposals this Summer in anticipation of both the Fall health benefit enrollment and renewal season and the mid-term November Congressional elections. [read post]
10 May 2017, 3:14 pm by Cynthia Marcotte Stamer
Taking these and other needed steps to evaluate, and strengthen and enforce as needed, risk assessments, policies, procedures, and training to prevent wrongful use, access or disclosure of PHI to the media or others is particularly critical in light of the ongoing tightening of expectations, and rising enforcement and sanctions for HIPAA violations since Congress amended HIPAA in 2009. [read post]
21 Nov 2023, 3:15 pm by Cynthia Marcotte Stamer
Accordingly, health plans and their fiduciaries, administrators, and sponsors should confirm their continued compliance in light of the insights provided by the Settlement and related OCR guidance. [read post]
27 Oct 2016, 8:48 am by Cynthia Marcotte Stamer
Compliance with the Privacy and Security Rules of the Health Insurance Portability & Accountability Act (HIPAA) is a living process that requires employer and other health plans, health insurers, health care providers and healthcare clearinghouses to recurrently reevaluate their HIPAA enterprise risk and timely act to mitigate security threats to electronic (ePHI) and other  protected health information and other HIPAA compliance concerns on an ongoing basis. [read post]