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2 Feb 2017, 6:04 pm by Cynthia Marcotte Stamer
The loss of the iPod resulted in the impermissible disclosure of ePHI by the medical resident. [read post]
23 Jan 2017, 2:47 pm by Cynthia Marcotte Stamer
In addition to affirming President Trump’s commitment to seek the prompt repeal of the ACA, the Executive Order seeks to mitigate the burden of the ACA pending Congressional repeal by ordering  the Departments Health and Human Services (HHS), Labor (DOL), Treasury (Treasury)  and other agencies with ACA authority (Agencies) to exercise all available authority and discretion to the “maximum extent permitted by law:” To waive, defer, grant exemptions from, or… [read post]
3 Nov 2016, 6:18 am by Cynthia Marcotte Stamer
(January 12, 2016); Investigations At 10 North Carolina Restaurants Find More Than $510K In Back Wages Owed To 125 Workers (January 12, 2016); Restaurant Enforcement Initiative Finds More Than $2.27M In Back Wages, Damages Owed To More Than 3,000 Georgia Workers (January 05, 2016). [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]
19 Oct 2016, 1:04 pm by Cynthia Marcotte Stamer
ERISA Civil Penalties For Employers, Fiduciaries & Plan Administrators Rose August 1 Employer and other employee benefit plan sponsors, fiduciaries and administrators required by the Department of Labor Employee Benefit Security Administration (EBSA) to pay a civil monetary penalty for a post-November 2, 2015 violation of the employee benefit related obligations of the  Employee Retirement Income Security Act (ERISA) should expect to pay more if EBSA assesses the penalty after… [read post]
14 Jul 2016, 9:30 pm by Justin Daniel
House of Representatives, which passed the North American Energy Security Infrastructure Act of 2015 in December 2015, in order to reconcile the two bills. [read post]
1 Jul 2016, 1:49 pm by Cynthia Marcotte Stamer
Department of Labor’s Occupational Safety and Health Administration (OSHA) assessed against Ohio auto parts’ manufacturer, Sunfield, Inc. for safety risks that it exposed temporary workers to by its failure to disconnect machinery from a power supply and prevent sudden movement before maintenance and service, and to train workers in how to operate machine presses safely and to service and maintain them. [read post]
1 Jul 2016, 12:23 pm by Cynthia Marcotte Stamer
She is particularly recognized for her leading edge work, thought leadership and knowledgeable advice and representation on the design, documentation, administration, regulation and defense of a diverse range of self-insured and insured health and welfare benefit plans including private exchange and other health benefit choices, health care reimbursement and other “defined contribution” limited benefit, 24-hour and other occupational and non-occupational injury and accident, expat and… [read post]
23 Jun 2016, 10:21 am by Cynthia Marcotte Stamer
A $180,000 wrongful termination settlement that Foothill Packing, Inc. just paid to settle Department of Labor charges illustrates the potential Catch-22 tightrope that employers must walk when choosing between citizens and resident aliens with visas for hiring and firing decisions. [read post]
31 May 2016, 4:05 pm by Cynthia Marcotte Stamer
Self-insured employer or union sponsored health plans (Plans), their fiduciaries, third party administrative or other service providers, and sponsors should consult legal counsel for advice about whether their Plans might violate the Privacy Rule of the Health Insurance Portability & Accountability Act (HIPAA) by disclosing individually identifiable claims or other Plan records or data to a state “all payer” claims or other data base in response to a state law or regulation mandating… [read post]
26 May 2016, 12:05 pm by Cynthia Marcotte Stamer
With its publication of the New Clarification FAQ on May 24, 2016, OCR now has published three pieces of guidance (the Access Guidance) about its interpretation of the Access Rule since January, 2016 that it hopes will promote greater understanding of and compliance with the Access Rule by Covered Entities: In January, OCR published a comprehensive Fact Sheet (Fact Sheet) and the first in a series of topical frequently asked questions (FAQs) addressing patients’ right to access their… [read post]
6 May 2016, 11:45 am by Cynthia Marcotte Stamer
Currently, the unpaid family and medical leave mandates of the Family & Medical Leave Act (FMLA) applicable to employers with 50 or more employees primarily define the obligation of private sector employers to provide family or medical leave. [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
FAQ 31 On Coverage of Colonoscopies Pursuant to USPSTF Recommendations Concerning colonoscopies, FAQ 31 states that because the Agencies view preparation for a preventive screening colonoscopy an integral part of the procedure, bowel preparation medications, when medically appropriate and prescribed by a health care provider, are an integral part of the preventive screening colonoscopy that group health plans and health insurers must cover without cost sharing, subject to… [read post]
27 Apr 2016, 9:01 am by Cynthia Marcotte Stamer
FAQ 31 On Coverage of Colonoscopies Pursuant to USPSTF Recommendations Concerning colonoscopies, FAQ 31 states that because the Agencies view preparation for a preventive screening colonoscopy an integral part of the procedure, bowel preparation medications, when medically appropriate and prescribed by a health care provider, are an integral part of the preventive screening colonoscopy that group health plans and health insurers must cover without cost sharing, subject to… [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Raleigh Orthopaedic is a provider group practice that operates clinics and a surgery center in the Raleigh, North Carolina area. [read post]
21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
Raleigh Orthopaedic is a provider group practice that operates clinics and a surgery center in the Raleigh, North Carolina area. [read post]
12 Apr 2016, 3:50 pm by Cynthia Marcotte Stamer
Employer and other employee benefit plan sponsors, benefit plan committees and fiduciaries, and the broker-dealers, financial advisors, insurance agents and other plan service providers that provide investment-related platforms, advice, recommendations or other services for employee benefit plans need to reevaluate the fiduciary status of their service providers and begin restructuring as necessary their associated relationships, service provider commission or other compensation, service agreements… [read post]